Vueling cancellation refund

Centipede100

joerugby wrote: »

Thanks for the replies.

Taking them to court is not an option as legal juristiction according to their t&c's is the Spanish court in Barcelona ...... and we're talking about a £140 refund. So I don't think a letter before action is going to carry much weight.

However I thought the CAA had a role to play in policing the EU regulation - does anyone know about this?

Thanks also for the email address of the ceo - I'll pick my moment to use this

I'm also looking up the process for claiming against Visa.

You may take them to court in either Spain or Eng/Wales, being the departure or arrival territory. This was judged in the Rehder case in the ECJ on this very point and as with 261/2004 trumps airlines Ts and Cs: http://curia.europa.eu/juris/document/document.jsf?text=261%252F2004&docid=77748&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1&cid=1065943#ctx1

The letter before action might not carry much weight with Vueling but it is likely to carry more weight with your credit card provider if you go down this route. I agree with previous poster that you might like to highlight their own Ts and Cs as highlighted above in an email to their ceo before you do anything else.

You would be claiming breach of contract under common law so there may not be anything in the card providers terms or processes about this except if you claim under Section 75 as the merchant has not provided you with what you paid for and have broken their own Ts & Cs and Article 8 of 261/2004 in not providing you with a full refund.

As to the CAA (http://www.caa.co.uk/default.aspx?catid=2211&pageid=12716), they are not a police force as such nor can they force the airline to refund your money but their own guidelines only go to reinforce the rights about which I (and others) have already informed you. If you do issue a complaint to the CAA it is likely to be many months before you eventually get a response but no harm in it.

joerugby

Centipede100 wrote: »

You may take them to court in either Spain or Eng/Wales, being the departure or arrival territory. This was judged in the Rehder case in the ECJ on this very point and as with 261/2004 trumps airlines Ts and Cs: http://curia.europa.eu/juris/document/document.jsf?text=261%252F2004&docid=77748&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1&cid=1065943#ctx1

The letter before action might not carry much weight with Vueling but it is likely to carry more weight with your credit card provider if you go down this route. I agree with previous poster that you might like to highlight their own Ts and Cs as highlighted above in an email to their ceo before you do anything else.

You would be claiming breach of contract under common law so there may not be anything in the card providers terms or processes about this except if you claim under Section 75 as the merchant has not provided you with what you paid for and have broken their own Ts & Cs and Article 8 of 261/2004 in not providing you with a full refund.

As to the CAA (http://www.caa.co.uk/default.aspx?catid=2211&pageid=12716), they are not a police force as such nor can they force the airline to refund your money but their own guidelines only go to reinforce the rights about which I (and others) have already informed you. If you do issue a complaint to the CAA it is likely to be many months before you eventually get a response but no harm in it.

Thanks for this, particularly the info about juristiction which is good news.

I'll keep you posted

joerugby

I've now been in touch with our travel insurer Direct Line with whom we have legal expenses cover. I've described the case to them in brief and based on what I've told them they are willing to get involved. Next steps are for me to provide all the background papers for them to review.

I'll keep you posted

joerugby

I copied my last email to the CEO as suggested by Welshsun. Today I have received the following further reply:

"Thank you for contacting Vueling. In response to your e-mail we would like to indicate that after having studied your case again we came to the conclusion that we would like to make an exception and will pay you back for both legs. Counting up both reverse payments in total we´ve transferred € 341,46 into your account.

"We hope to welcome you onboard of one of our Vueling in another occasion."

So in the end we got the right result. Many thanks to all for your help.

Centipede100

joerugby wrote: »

I copied my last email to the CEO as suggested by Welshsun. Today I have received the following further reply:

"Thank you for contacting Vueling. In response to your e-mail we would like to indicate that after having studied your case again we came to the conclusion that we would like to make an exception and will pay you back for both legs. Counting up both reverse payments in total we´ve transferred € 341,46 into your account.

"We hope to welcome you onboard of one of our Vueling in another occasion."

So in the end we got the right result. Many thanks to all for your help.

Good result, well done for persisting.:beer:

richardw

Good, well done!

WelshSun

Thats a good result!!!

It always annoys me people have to contact the CEO to get a result, but time and time again I see it as the sole method that really works.