TAP refusing a refund

Justice13075

Reg_Hedge said:

Responses from TAP on Twitter confirm that the only "refund" is a voucher for future use, which is useless to me.  Any suggestions about how to chase this down please?  It was under £100, so I cant do a section 75 claim on my credit card.  

That is illegal. If you want money they HAVE to refund you in monies. It is covered in EU261/2004. Tell them if they don't refund you in money you will take them to court.

Reg_Hedge

Deleted_User said:

Chargeback.

Thanks.  I wasn't aware of this option.    

Reg_Hedge

Justice13075 said:

Reg_Hedge said:

Responses from TAP on Twitter confirm that the only "refund" is a voucher for future use, which is useless to me.  Any suggestions about how to chase this down please?  It was under £100, so I cant do a section 75 claim on my credit card.  

That is illegal. If you want money they HAVE to refund you in monies. It is covered in EU261/2004. Tell them if they don't refund you in money you will take them to court.

I'd really like to avoid court if poss;  it was only about £50, but its the principle!  

JPears

Get back on twitter and quote:

regulation 261/2004:

Article 5:

Article 7

Article 8

Article 5

Cancellation

1. In case of cancellation of a flight, the passengers concerned shall:

(a) be offered assistance by the operating air carrier in accordance with Article 8; and

(b) be offered assistance by the operating air carrier in accordance with Article 9(1)(a) and 9(2), as well as, in event of re-routing when the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight, the assistance specified in Article 9(1)(b) and 9(1)(c); and

(c) have the right to compensation by the operating air carrier in accordance with Article 7, unless:

Article 7

Right to compensation

1. Where reference is made to this Article, passengers shall receive compensation amounting to:

(a) EUR 250 for all flights of 1500 kilometres or less;

(b) EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres;

(c) EUR 600 for all flights not falling under (a) or (b).

Article 8

Right to reimbursement or re-routing

1. Where reference is made to this Article, passengers shall be offered the choice between:

(a) - reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant,

They are breaking EU law. EU have stated recently that refunds must be made in cash if requested by passenger.

Reg_Hedge

In the circs, I don't expect a compensation payment - just a refund of what I paid!

Alan_Bowen

The EU Commission issued a paper last Wednesday making it clear that where airlines cancel flights they must offer a refund if the customer wants it

cconaghan1

I'm in a similar boat, also want my cash refund from TAP. I'm sure it's going to be a challenge! OP - I'll be following with interest.

cconaghan1

We spoke to TAP today. They are suggesting that paragraph 14 of the preamble to EC 261/2004 means they aren't obliged to offer a cash refund. Paragraph 14 says: 

(14) As under the Montreal Convention, obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Such circumstances may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier.

(15) Extraordinary circumstances should be deemed to exist where the impact of an air traffic management decision in relation to a particular aircraft on a particular day gives rise to a long delay, an overnight delay, or the cancellation of one or more flights by that aircraft, even though all reasonable measures had been taken by the air carrier concerned to avoid the delays or cancellations.

It makes sense to me that compensation claims should not be available in the case of extraordinary circumstances (indeed this is effected by Article 5(3). But I can't see why it should remove the right for the passenger to get a refund.

Does anyone have any suggestions on next steps? Thank you!

JPears

I have to say that is a new, and in my opinion an incorrect, interpretation of the regualtion.

Others may be able to comment.

Justice13075

I agree Article 8 covers this and references Article 7 (3). Don't' be put off by Article 7 saying Right to Compensation as Article 8 is clear that this is to include Reimbursement.