Wonder if you can help with a complicated flight issue...
Booked NZ1 and NZ2 to travel London Heathrow to Los Angeles (return) via a Travel Agent, (Travel Trolley). These flights should have departed in September 2020, later this year.
The airline was permanently terminating services on this route in October 2020 for commercial reasons, totally not connected to Covid-19.
I've now been advised that given the current situation, the route will be permanently withdrawn and will not start up again,. meaning my flights have been cancelled.
I have told them (repeatedly) they are legally obliged to re-route me at their expense, but they claim I should approach the travel agent only, who has been authorised to issue a credit voucher.
Travel Trolley have totally ignored me and are impossible to reach.
I paid by Debit MasterCard and did / do not have travel insurance.
Few things:
1) I am legally entitled to be re-routed as far as I can tell, at their expense. Who is responsible for arranging this, the airline or travel agent?
2) The credit voucher would be pointless given the airline will not be serving the UK in the future anyway. Nearest route be New York to New Zealand which is obviously no good to me!
3) Although a re-routing is my preference, and I'll do everything legally possible (please suggest options!) to get that right, if it comes down to it, how do I get my cash back? If I have to go to court am I claiming against the airline or travel agent? If airline, what do I do when they shut their UK business premises and company down and everything goes to New Zealand?
4) If either Air New Zealand or Travel Trolley refuse to re-route me, am I safe booking another return flight from London to Los Angeles (same date, closest time possible) and sending the bill to one of the two? If they didn't pay, then take to court?
All help appreciated.
Air New Zealand had already announced the cessation of the London service before the outbreak, so it has been decided that the current suspension will become permanent. There won’t be a short resumption before the previously-planned cessation.
There’s no automatic right to re-route, I’m afraid. The cancellation of your specific flights has been made well before the deadline set under EU Regulation 261/2004.
EU261/2004 does provide for a full refund, to the original form of payment, within seven days, however this is the part of the regulation that airlines are pushing back on at the moment, preferring to issue vouchers instead. Twelve EU governments are actually petitioning the Commission to officially permit this.
As it stands, though, your flights are definitely cancelled, and the law hasn’t been changed, yet. A refund to the original form of payment remains due.
Although debit card transactions aren’t covered under Section 75 of the Consumer Credit Act, you can still apply for a ‘chargeback’.
https://www.moneyadviceservice.org....#debit-card-payment-protection-and-chargeback
Debit card payment protection and chargeback
Debit card payments and purchases are not covered by section 75 of the Consumer Credit Act. But you might be able to make a claim for a refund under a voluntary scheme called ‘chargeback’.
This might offer you cover on purchases of any value made on debit, credit or prepaid cards.
However, if your purchase was over £100 and was made on credit card, you’re better off claiming under section 75, as this offers greater legal protection.
How chargeback works
Chargeback isn’t legal protection like section 75. It’s an agreement Visa, Mastercard, Maestro and American Express have signed up to.
The scheme enables you to claim a refund from your card provider if a purchase doesn’t arrive or is faulty.
It works by the card company trying to claim your money back from the company you’ve paid, by reversing the transaction.
There’s usually no minimum spend in order to be covered by chargeback, but time limits apply for making a claim – usually up to either 45 or 120 days from making the purchase, depending on the type of card.
Chargeback claims can take some time to process because the card company has to get the money refunded before it can pass it onto you.
The fact that you’re in dispute with an operator like Travel Trolley could actually work in your favour here; if they’re as bad at responding to the card issuer as they are to you, then the latter is arguably more likely to unilaterally debit them and find in your favour.
Generally-speaking, though, if a booking is non-cancellable under normal circumstances, then travel insurance should be taken out the moment that the payment is committed to. It costs no more (for single trip’ insurance) than doing it the second before you depart but, statistically, claims are fore more likely pre-departure than after departure. The insurance industry likes people to think that travel insurance is effectively just medical cover while you’re away. That’s a tiny part of it; you’re far more likely to have to claim for a pre-departure cancellation owing to personal illness, family illness etc.
In this case, you would have needed very comprehensive cover to pay out owing to a pandemic, though, so the point is probably moot.
Secondly, and it bears repeating over and over: use Skyscanner and the like to work out who flies where and when, but when it comes to booking, book directly with the airline or, if there’s some glaring reason not to, then with one of the Expedia group companies, including ebookers etc.
You will find bad reviews about Expedia companies, of course, just as you will with the airlines themselves, but objectively they’re the only web operation with the maturity to have both clout with the airlines and to understand the value of their customers’ goodwill.
As an example, they have been at the forefront of pushing hotel companies into proactively cancelling and refunding stays, recently, batting for customers. The hotels are not happy, but they need the ongoing feed that they get from Expedia, so the customer seems to be benefiting.
In your case, if Travel Trolley or any other Skyscanner result (I’m assuming that you found TT through Skyscanner or the like) was cheaper than Air New Zealand direct, then there’s a reason for it.
Punitive additional change fees over and above those published as part of the fare rules; additional administration fees; small print denying any level of refund even when the fare rules permit it; denial of refund of taxes, fees and charges that may in fact be refundable under the fare rules, etc., etc., are all ways that these companies claw back the headline ‘saving’. And that’s all after they’ve often re-quoted the fare after you’ve clicked through to their website, claiming the original one has now sold out. By then you’ve forgotten that the fare that they’re now quoting is the one that the airline was correctly and transparently showing accurately but further down the original list of Skyscanner results.
Of course, there may be some other reason for having selected Travel Trolley, but the above may serve as useful general advice to someone else.
For now, I’d instigate a chargeback request with your card issuer. There’s nothing to lose in doing so.
Good luck!