Travel

Locked: Coronavirus: How to Get a Refund?

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  • May 20th, 2020 7:35 pm
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[OP]
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Jun 27, 2015
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East York, ON

Coronavirus: How to Get a Refund?

I am posting this here, I know there is tens of threads below for particular airlines or travel booking companies
This deserves a thread by its own, it is fact based (see quoted case, for links to court verdicts in similar cases see the original article)

Coronavirus: How to Get a Refund?

March 16, 2020

Passengers who give up their travel in response to health authority advisories are entitled, not only as matter of fairness but also as a matter of law, to a full refund to the original form of payment. Various credits for future travel or services by companies that may or may not exist when the pandemic is over do not meet this requirement.

If you are one of the thousands of Canadians doing their civic duty and saving lives by cancelling their travel abroad, then this guide is for you.

*

https://airpassengerrights.ca/en/covid1 ... pGoUUfT3yE
Last edited by MrDisco on Mar 27th, 2020 7:03 pm, edited 4 times in total.
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May 10, 2005
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Gabor Lucas???? Advocate and says a lot of things on his web page and Facebook page. If you can pay a lawyer and wait for who knows how long for something you may never get, go for it.
This situation is completely out of their control, government actions, all governments from all over the world to combat a world medical epidemic. Pretty sure Westjet (or others) did not foresee this or had any way of controlling this.

Airlines Don't Have To Refund Cancelled Flights Due To Pandemic: Watchdog
https://www.huffingtonpost.ca/entry/air ... a-homepage
The Government cannot give to anybody anything that the Government does not first take from somebody else.
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Mar 29, 2010
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If the airline cancelled your trip and their only option is providing you with a future credit. REFUSE IT!

-If you have travel insurance, and you purchased your tickets before there was any travel advisories for COVID-19 in your departing/arrival country, you should be able to get a refund through your travel insurance.

If you don't have travel insurance, and pushing for a refund with the airline gets you nowhere:

-Contact your credit card company and do a chargeback on your credit card! You paid for a service, and the airline didn't provide that service to you. Many people are taking this route and reporting back that they're getting their money back through their credit card company.
Last edited by oj777 on Mar 27th, 2020 10:36 am, edited 1 time in total.
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Pete_Coach wrote: Gabor Lucas???? Advocate and says a lot of things on his web page and Facebook page. If you can pay a lawyer and wait for who knows how long for something you may never get, go for it.
This situation is completely out of their control, government actions, all governments from all over the world to combat a world medical epidemic. Pretty sure Westjet (or others) did not foresee this or had any way of controlling this.

Airlines Don't Have To Refund Cancelled Flights Due To Pandemic: Watchdog
https://www.huffingtonpost.ca/entry/air ... a-homepage
The CTA is biased and is clearly looking out for the interests of the airlines.
Thankfully I did not have a booking with an airline. If I did, I would refuse a travel credit and would instead be taking them to small claims court. A lawyer isn't required.
I would also be writing my MP to complain about the CTA.
[OP]
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Jun 27, 2015
1414 posts
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East York, ON
As requested by Pete Couch :-) I am deleting all the info posted here
I am getting my money back because I was lucky enough to buy from EU airlines.
As per Peter you should suck it up, take the vouchers and support Air Canada and their employees
Do not ask for a refund because that is illegal and immoral
Last edited by CuriousC on May 19th, 2020 1:38 pm, edited 1 time in total.
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Sr. Member
Jan 12, 2017
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Wow, the CTA showing its incompetence. So long as they get you to the destination, even if your flight was cancelled, no refund without penalty.

By that logic, airlines shouldn't have to provide refunds ever. Just reschedule every single flight in the future. Heck, just throw out the recent passenger rights act.

I guess I shouldn't complaint, with a protectionist state like this , our average real estate values will be sheltered.

Pete_Coach wrote: Gabor Lucas???? Advocate and says a lot of things on his web page and Facebook page. If you can pay a lawyer and wait for who knows how long for something you may never get, go for it.
This situation is completely out of their control, government actions, all governments from all over the world to combat a world medical epidemic. Pretty sure Westjet (or others) did not foresee this or had any way of controlling this.

Airlines Don't Have To Refund Cancelled Flights Due To Pandemic: Watchdog
https://www.huffingtonpost.ca/entry/air ... a-homepage
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Mar 10, 2018
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CuriousC wrote: oh here is why:
https://airpassengerrights.ca/en/blog/g ... es-payroll

The watchdog is biased and should be removed from that position
hehehe. Welcome to Canada. This is how Canada works.
I dont care about Ethics, morals, rules or laws. I will apologies only when I get caught.
I try not to apologies but sometimes do it. not because its right thing but it benefits me.
New Mantra for idiots Just ask RFD before searching answers anywhere.
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CuriousC wrote: So what is your point, if it is not under their control they get to keep the money?
:-)) you made my day

jajajaja ...bla bla bla that is what the watchdog says
The law says the contrary and I will go with that.
Gabor is right all the way, he quoted the law.
And I am sorry to break it to you, if ONE single person gets a resolution favorable to his/her case then that automatically applies to everybody else
And no I don't care how long it will take to get the money back
Don't shoot the messenger. I did not write the article, I am not the CTA and, it is what it is.
My point is what I said "If you can pay a lawyer and wait for who knows how long for something you may never get, go for it. " or, as others say, go to small claims court and good luck with that. Bottom line, if you don't take what they offer, you may lose. If you do take what they offer so you can go to small claims court, and don't like it, good luck, you are still going to argue with their lawyers.

Oh and, I got resolution. My personal situation contributed to that resolution and a full refund for both my flights and, that in no way "automatically applies to everybody else".
So, once again, don't shoot the messenger.
I hope you get results....eventually.
Last edited by Pete_Coach on Mar 27th, 2020 2:04 pm, edited 1 time in total.
The Government cannot give to anybody anything that the Government does not first take from somebody else.
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May 10, 2005
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CuriousC wrote: yeah just quote the article, do not use any common sense because it is a limited resource and you can run out of it
like the other guy who is crying for the airline he probably works for, almost begging for a public funding to keep it alive while people are losing their jobs
The airlines are already laying off people yet we have to be gentle with them and not ask for our money back
Common sense? No need to insult. I strongly suspect you are not a lawyer and also am quite sure you never read all the term an conditions of your ticket.
I don't work for the airline, have no stake in it a tall. Just providing information published today. Don't like it? OK. Don't believe it? OK
Like I said, do what you wish, go to small claims court, and await an outcome.
Don't be pissed at me. I got mine back and would have shared how I got it with you but hey, I have no common sense. I did share in PM's with some others.
The Government cannot give to anybody anything that the Government does not first take from somebody else.
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Chickennbeans wrote: Wow, the CTA showing its incompetence. So long as they get you to the destination, even if your flight was cancelled, no refund without penalty.

By that logic, airlines shouldn't have to provide refunds ever. Just reschedule every single flight in the future. Heck, just throw out the recent passenger rights act.

I guess I shouldn't complaint, with a protectionist state like this , our average real estate values will be sheltered.
Incompetence how? Because you don't like it?
I traveled for business for decades, I had many many future travel credits because of cancelled flights. Always been like that, cancel and get credits, not money (unless there are particular circumstances which they will refund cash). That spawned an entire insurance industry. No insurance? well so be it.
The Government cannot give to anybody anything that the Government does not first take from somebody else.
Sr. Member
Jan 12, 2017
818 posts
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You're confused.

This is not unlike rent control - you can certainly ask and get away with an above guideline increase if your tenant agrees, but if they don't, you're capped. Some people are fine with credit - that doesn't mean everyone needs to eat it.

These statements by CTA undermine existing legislation and shows a shallow level of intelligence.
Pete_Coach wrote: Incompetence how? Because you don't like it?
I traveled for business for decades, I had many many future travel credits because of cancelled flights. Always been like that, cancel and get credits, not money (unless there are particular circumstances which they will refund cash). That spawned an entire insurance industry. No insurance? well so be it.
Sr. Member
Nov 5, 2009
773 posts
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For those in Quebec, you can also use "The Compensation Fund for Customers of Travel Agents", a Quebec government dept. that goes to bat for consumers.

We approached them and they were ready to help but did not need to in the end because Expedia refunded our money.

https://www.opc.gouv.qc.ca/en/consumer/ ... efinition/
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Aug 3, 2009
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The debate found on the first few pages about whether Canadians should all bend over and accept travel credit or not is relevant. If you want to accept travel credit, then accept it and leave the forum. Thank you to OP for posting this for those who do not. I, for one, would not risk $1500 for a cancelled AIC being refunded as Westjet Dollars when the airline could very well go bankrupt, leaving many customers with $0, a virtual theft and no services supplied.

The Airlines are trying to force Canadians to swallow a blanket policy with travel credit to protect shareholders, but whether they have the legal right to do so is highly questionable and in all likelihood without any merit. I believe class actions have already been initiated. The CTA is completely out to lunch with this statement, saying its about striking a balance between consumers and airlines. A balance? Airlines have full bargaining power in their contracts and yet, when push comes to shove, they can't even comply with them and issue payment in the form received. They should live and honour their own terms, because they'll be forced to otherwise.

The fact is Airlines decided at some point of time to use up their cash flow (buying back their own stock to drive up price or pay large CEO bonuses) and are now FORCING (not asking) for a form of bailout from customers who are cancelling. They and shareholders should pay the price.

If you are not provided a service you paid for, you're entitled to a refund under the most basic principles of common law and common sense. Force majeure does not work to let them withold cash from people, it works to absolve airlines from needing to complete their obligations under the contract. Everyone here knows that cash is worth a hell of a lot more than points or westjet dollars - full of restrictions, expiry, and devaluations.

I'd start with a call as suggested, but knowing you'll get denied by the airline, confirm you're going to charge back, and then start that process with your credit card.
Sr. Member
Jan 12, 2017
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There are going to be a LOT of people with credit scrambling to get on a limited number of flights.

Not intimately familiar with the airline industry, but from the talk about preserving flight slots, it seems that they're not really in a position to increase available flights much (perhaps they can use larger planes, but most international destinations are typically in larger planes already).

With limited supply and guaranteed demand, why would AC offer anything other than full fares? After all, if you can't find a flight, they pocket the credit.

If you fly domestically, then a credit might be acceptable to you given all the Canadian airlines have copied AC's lead.

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