Checknfly Flight with American airlines

Kat777

I had booked a flight to the US via a travel agent - Checknfly - that has now been cancelled. I only know this as I have been checking the American Airlines site every day for updates, the travel agency hasn't been in touch. I am a bit confused as to whether the EU rules on flight cancellations will apply to this flight, it was booked on an Iberian flight with American Airlines code share so AA would be the carrier on all legs of my flight.

I had been in touch with them before the flight was cancelled and they told me 'We have checked with our supplier that if the flight got cancelled by airline because of Covid-19 then the full value of the original booking will be held against your booking reference number as future credit. And the new booking must include flights with the original airline, however a new destination may be permitted but that need to be checked with the airline at the time of rebooking'

I have since asked for a refund due to the flight being cancelled, but feel this will continue to be their line. Should my next step be trying to get a charge back from my credit card company?

Thanks

 

Life__Goes__On

You are entitled to a cash refund from Checknfly, they are allowed to take a fee from your refund as long as this is "fair" and in their T&Cs
You can file a Chargeback with your credit card letting them know if this fails you want a Section 75 on the transaction.
If your credit card company refuses to take your claim,  they are wrong, and you can come back for further advice on that issue.

Kat777

It doesn't seem to say anything about this in their T's and C's, so fingers crossed. 

Life__Goes__On

Have you  a copy of their T&Cs,  it seems some are changing their T&Cs and trying to backdate it, which isn't allowed.

Kat777

These are the terms on their site - it doesn't really mention when the airline has cancelled rather than the passenger. I wonder if the force majeure clause can be used as a reason for them to refuse refund also. Haven't heard back from them today and they have usually been quick to respond

Terms and Conditions

INFORMATION

CHECKNFLY – TERMS OF SERVICE

Please take a few minutes to review these Terms of Service (as defined below) carefully. Your use of www.checknfly.co.uk (the “Website”) indicates your agreement to follow and be bound by the Terms of Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MUST IMMEDIATELY DISCONTINUE ANY USE OF THE WEBSITE.

Booking

 Fares are subject to availability and may change without prior notice.
 All Tickets issued are Non-refundable, Non-changeable and Non-transferable unless otherwise specified.
 Passengers must ensure that all the names are correct as per their passports and that the travel itinerary is correct. Changes may not be permitted after the tickets are issued and a payment for a new ticket may be charged.
 Airfares are guaranteed upon ticketing only. If there would be any issue with the payment, we will inform you as soon as possible through email and/or phone. Otherwise, we will send you the ticket in a period of 48-72 hours of your booking with us.
 Airlines may charge additional fee for checked-in baggage, extra baggage or other optional services. Please call the airlines directly for the most recent updates regarding the baggage allowance, weight and dimensions of the bags.
 Passengers must be at the airport 3 hours before the departure as tickets cannot be refunded or changed due to no show at the airport.
 Passengers are responsible for all their travel documentation including visas. Visas may be required for the entire journey both for the destination and/or transit. Visas must be secured before the ticket is issued. Tickets cannot be refunded for failure to obtain a visa.

Passport, Visa & Health Recommendation

 Passports must be valid for at least 6 months beyond the period of your stay.
 ESTA visa is a mandatory requirement for all USA bound travel, including transiting the USA.
 ETA visa is a mandatory requirement for all Australia bound travel including transiting Australia.
 If your flight has a change involving two different airports with the itinerary, it is your responsibility to organize the transfer to the right airport and also check the transit visa requirement.
 If you have booked code-share flight, terminal change may be there and you may require a transit visa for changing the terminals. Please check with the embassy or airline directly for checking visa requirements in case of terminal change.
 Checknfly is not liable for the VISA formalities. Kindly refer with the applicable embassy or consulate for this information.

Changes in Booking

If you wish to change any item – other than increasing the number of persons in your party/booking – And providing we can accommodate the change, you will have to pay an amendment fee of GBP 50.00 per booking, plus the airline/supplier charges (if any). From time to time we are required to collect additional taxes. You will be informed for any additional taxes prior to ticket issuance/re-issuance. After ticket issuance most of the airlines do not allow changes.

Cancellation

a) Cancellation before ticket issuance:- Should you or any member of your party be forced to cancel your flight, we must be notified by the person who made the booking and who therefore, is responsible for the payment of cancellation charges.
b) Cancellation after ticket issuance:- Cancellation after ticket issuance will effect in a loss of 100% of the total cost of all travel arrangements in most of the cases. Please refer to your travel advisor. Low cost airlines/Charter flights carry a 100% cancellation fee in both conditions before or after ticket issuance.

Force Majeure

No responsibility shall be undertaken for, and shall not be susceptible in respect of any loss or damage or alterations, delays or changes arising from unusual and unforeseeable circumstances beyond our control, such as war or threat or war, riot, civil strife, industrial dispute including air traffic control disputes, terrorist activity, natural & nuclear disaster, fire or adverse weather conditions, technical problems with transport, closure or congestion of airports or ports, cancellation of schedules by scheduled airlines. You can check the current position on any country by contacting the foreign and commonwealth office.

Needed Identification

Please carry all the necessary documents during your entire trip, and a government issued ID for identification of your booking in hotels, tickets from the airport and car rental for that destination. You may be required to submit a copy of your ID to the travel supplier in case of attraction and travel extras.

Necessary Travel Documents

Necessary travel documents includes passport (with prior time of expiration according to the travel destination foreign tourism policies), visa, government-issued ID proof, medical certificate for senior citizens, medically challenged people and others as per the law of that particular destination’s foreign tourism policies. Please check the designated destination’s ministry of external affairs’ website.
South African travel requirements for minors travelling to and from South Africa. New requirements, introduced by the South African Department of Home Affairs from 1 June 2015, specify that all minors (children under 18 years) are required to produce, in addition to their passport, an Unabridged Birth Certificate which shows the details of both parents for all international travel to and from South Africa. Travellers will be asked to produce the required documentation at check-in for each flight.

Delayed Boarding, Cancellation & Refund

Neither Checknfly nor its associate will be responsible for cancellation and refund of passenger’s trip if he/she fails to provide necessary documents at the time of traveling and denied to board the flight or enter in the country.

Bulk Booking

In case of bulk/multiple booking for same itinerary, all passengers must follow the same itinerary, and no alteration or cancellation will be accepted in itinerary on individual bases from your booking.

Deposit Booking

All deposits are non-refundable. Deposit is subject to be forfeited in case payment is not done on agreed time. Please note that if between the time of deposit and the final payment, the prices on flights or hotels may gone up due to increase or change in fuel surcharges / contract prices/dollar exchange rate / green taxes and you would be liable to pay the difference in the fare. Please note that we do not send reminders for the due payment dates and the deposits are absolutely non-refundable.

Check in Times

Due to security measures we recommend you to arrive at the airport at least 3 hours prior to your departure time for Long Haul flights and 90 minutes for Domestic flights. Check-in counters normally closes about 45 minutes before scheduled departure. Please reconfirm your flights 72 HRS prior to your departure time to avoid any inconvenience.

Insurance

We strongly advise you to take out travel insurance to cover any eventualities arising due to delay/cancellation of flights, Loss/delay or luggage or any other medical conditions which may come between your journey.

Seats & Meal Requests

If you have any special request, please let us know and we will send the request through to the airline. Please note that the requests are not guaranteed but we shall make every effort to make sure the airlines looks into your request. Airline is the only authority to confirm you the seats and meals or special assistance like wheelchair.

Financial Protection

The packaged travel, packaged holidays and packaged tours regulations 1992, require us to provide security for the monies that you pay for the packaged holidays booked with us and for your repatriation in the event of our insolvency. We provide this security by way of a bond held by the TTA membership number U7261 on behalf of Airfair Limited. If you book other holiday arrangements, the financial protection referred to above does not apply.
All contracts with the company and all matters arising from them are subject to English Law and to the exclusive jurisdiction of the Courts of England and Wales. All services offered are subject to availability. For any assistance, feel free to contact us at:- 86 Franchise Street, Weymouth. Dorset DT4 8JU. or mail us at booking@checknfly.co.uk. Our Company Registraton number is 7073421.

Life__Goes__On

Kat777 said:

These are the terms on their site - it doesn't really mention when the airline has cancelled rather than the passenger. I wonder if the force majeure clause can be used as a reason for them to refuse refund also. Haven't heard back from them today and they have usually been quick to respond

There is at least one company trying with withhold refunds using " force majeure"
It simple won't stand up  as it's clearly unfair ( unfair terms you can't legally agree to)

Kat777

Life__Goes__On said:

Kat777 said:

These are the terms on their site - it doesn't really mention when the airline has cancelled rather than the passenger. I wonder if the force majeure clause can be used as a reason for them to refuse refund also. Haven't heard back from them today and they have usually been quick to respond

There is at least one company trying with withhold refunds using " force majeure"
It simple won't stand up  as it's clearly unfair ( unfair terms you can't legally agree to)

Thanks again for your reply

Kat777

Had to update on this as just had a very lively conversation with someone at Checknfly.

This morning I tried to get on their site on 2 separate browsers as had not had a reply to the latest emails I sent them, one highlighting the AA cancellation policy (cancelled by them) and another email saying that I would have to consider actioning a chargeback of my fare paid. Both times I tried, it appeared their website was down.

I then decided to look at their TrustPilot page to see if other travellers were having difficulty with them and then noticed that they have flagged all recent reviews to try and get them taken down. So I thought I would leave one of my own. I thought it was a totally honest one dimensional review and wouldn't cause any offence.. I received a call from them this afternoon from a very agitated and confrontational person. When I said that I had simply written the review as they hadn't answered my emails, he said that they were too busy to answer every email. I told him it was odd that they couldn't answer email, but he had the time to call me and start an argument!

I repeated again that I was entitled to a full refund, but he kept insisting that as these are 'special third party' fares, they are completely non-changeable/refundable. I told him that this should only be if I wanted to cancel and not if the airline cancelled. When I started to explain that I would like a full refund and that I was considering filing a charge back request he said that they 'knew how to fight the chargeback' and kept again insisting that if I take the credit option, it would be for a full amount of £878 , but if I wanted cash back, it would be £740 as they wouldn't refund the third party charge paid to the agent for the ticket. 

I asked him several times for him to email me this, but he refused. He also was kind of hinting if I didn't take the review down, then it would be bad for me!

Does anyone know if this 'they know how to fight the charge back' is just them trying to pressurise me not to do it? I am now worried that I may lose everything by going down that route

Life__Goes__On

Kat777 said:

Had to update on this as just had a very lively conversation with someone at Checknfly.

This morning I tried to get on their site on 2 separate browsers as had not had a reply to the latest emails I sent them, one highlighting the AA cancellation policy (cancelled by them) and another email saying that I would have to consider actioning a chargeback of my fare paid. Both times I tried, it appeared their website was down.

I then decided to look at their TrustPilot page to see if other travellers were having difficulty with them and then noticed that they have flagged all recent reviews to try and get them taken down. So I thought I would leave one of my own. I thought it was a totally honest one dimensional review and wouldn't cause any offence.. I received a call from them this afternoon from a very agitated and confrontational person. When I said that I had simply written the review as they hadn't answered my emails, he said that they were too busy to answer every email. I told him it was odd that they couldn't answer email, but he had the time to call me and start an argument!

I repeated again that I was entitled to a full refund, but he kept insisting that as these are 'special third party' fares, they are completely non-changeable/refundable. I told him that this should only be if I wanted to cancel and not if the airline cancelled. When I started to explain that I would like a full refund and that I was considering filing a charge back request he said that they 'knew how to fight the chargeback' and kept again insisting that if I take the credit option, it would be for a full amount of £878 , but if I wanted cash back, it would be £740 as they wouldn't refund the third party charge paid to the agent for the ticket. 

I asked him several times for him to email me this, but he refused. He also was kind of hinting if I didn't take the review down, then it would be bad for me!

Does anyone know if this 'they know how to fight the charge back' is just them trying to pressurise me not to do it? I am now worried that I may lose everything by going down that route

It's all bluster
All you have to do is prove (your evidence)  the flight is cancelled (by the airline)  and claim non-deliverance of service.
They will have to prove (their evidence) that the service was delivered,  clearly they can not do that as flight is cancelled.

I spent time trawling website for info  and came across a site for travel agents, one article   advising them to contest all Chargebacks and  saying a voucher had been issued
The replies on this advice was saying if the Chargeback is raised for non-deliverance,  they simply can not contest it, as the customer is  correct it hasn't been delivered.
Since reading that, I always tell someone to claim under the non-deliverance and state you have rejected any voucher.

If you do want to raise a claim

Raise a "Chargeback" against the transaction stating non-supply of service, (using proof of cancellation) also state that you have rejected any vouchers that you are entitled to do under English law.
Normally with a Chargeback the money is returned once it’s processed

Checknfly can dispute the Chargeback, but it must supply evidence to the card company.

If Checknfly is successful,  then the Chargeback is reversed and the money taken back from your account

 

Kat777

He was saying that because they were not the airline, they HAD provided the service - the ticket and if the airline cancelled, that wasn't their responsibility..!

Kat777

So I am guessing, if they win the chargeback dispute I am left with no cash and no flight voucher.. What is even more frustrating is that they said the voucher would be for use with them directly and that I couldn't split the voucher  - the person I was flying with I may not want to go on the same holiday with next year, so it's awkward