WestJet refunds check

dsmassey2000

Hi all,
I know there are loads of threads asking the same type of question, but had something specific which I'd be interested to get others' opinion on.
So, I was supposed to be heading to Toronto for 2 weeks on 18th June but the flight has been cancelled by WestJet.  Currrently they are only offering credits, stating the details for flight refunds will be "available at a future date".  I get why they state that obviously, but wonder if the fact they are not flat-out refusing a refund at this stage weakens my case if I put a chargeback (or then an S75) through?  Timeline is:
5th Jan - flights booked, paid on CC
12th May - email from WJ saying the flight is cancelled, they cannot provide an alternative, credits only, no refunds at the moment, etc...
16th May - DM'd WJ on Twitter stating I wanted a refund.  Same day got a response, re-stating what the email said, no refunds at the moment.
So, my first action is going to be a chargeback on my CC, but wondered if the wording of "available at a future date" would hamper things?
Thanks in advance.

Life__Goes__On

dsmassey2000 said:

, but wondered if the wording of "available at a future date" would hamper things?

Thanks in advance.

No, even if it was a "promise to pay" it's not the same as being paid.
You are due a refund, until you get that refund you can do either a Chargeback or S75

dsmassey2000

That's what I thought, thanks for the confirmation of my thinking!!

Life__Goes__On

The old advice from Visa was if a voucher was offered then a person couldn't raise a  Chargeback,  but after complaints Visa have changed the advice to say a person can raise a Chargeback even if a voucher has been offered.
So if you do raise one,  make a complaint if they tell you that you can't

Fighter1986

We are experiencing the same with WestJet and have just filed our S.75 claims and travel insurance claims yesterday. 

Watch this space.

There's another thread on here where a traveller was told both by their credit card company and by their insurer that they aren't due a refund / compensation if a voucher was issued but if we get that I'll fight it as there's both Canadian and British regulations which state refunds must be given in cash and can only be given in voucher form with express consent from the traveller - which we haven't provided. 

Good luck... and watch this space; will keep all updated  

jiggy2

Fighter1986 said:

We are experiencing the same with WestJet and have just filed our S.75 claims and travel insurance claims yesterday. 

Watch this space.

There's another thread on here where a traveller was told both by their credit card company and by their insurer that they aren't due a refund / compensation if a voucher was issued but if we get that I'll fight it as there's both Canadian and British regulations which state refunds must be given in cash and can only be given in voucher form with express consent from the traveller - which we haven't provided. 

Good luck... and watch this space; will keep all updated  

We are due to fly with WestJet in August, so will be watching with interest.

Alan_Bowen

Canada has specifically said their airlines do not have to offer any refunds. They are ignoring UK law and the evidence so far after complaints have been raised with the UK government is that diplomatically they will not interfere. Things have got hated in Canada itself, a petition to Parliament got Trudeau so concerned he agreed to review the situation but so far, nothing has changed so chargebacks or s 75 will be the only way to get a refund

mattyprice4004

Alan_Bowen said:

Canada has specifically said their airlines do not have to offer any refunds. They are ignoring UK law and the evidence so far after complaints have been raised with the UK government is that diplomatically they will not interfere. Things have got hated in Canada itself, a petition to Parliament got Trudeau so concerned he agreed to review the situation but so far, nothing has changed so chargebacks or s 75 will be the only way to get a refund

Being a Canadian company, they can ignore UK law anyway can't they? 

Life__Goes__On

mattyprice4004 said:

Being a Canadian company, they can ignore UK law anyway can't they? 

The payment will be under English law.

Fighter1986

It's a little more complicated than that, I can't remember off the top of my head precisely but UK / EU law only applies to EU airlines flying to / from an EU airport.

Our return flights were paid for in CAD, from a non EU airline, flying from a non-EU airport, so UK/EU law doesn't apply to that transaction.
However, Canadian Law would seem to be very straightforward in this case:

https://otc-cta.gc.ca/eng/flight-delays-and-cancellations-a-guide

Refund

If an airline (large or small) offers alternate travel arrangements but these do not meet a passenger's needs, the passenger is entitled to a refund. If the passenger's trip no longer serves its purpose because of the disruption, and the passenger is no longer at their point of origin (for example, if they are at a connecting point in their multi-leg ticket), then the airline must book the passenger on a flight back to their point of origin and refund the entire ticket (as if no part of the trip had been made).

In any other case, when the alternate travel arrangements do not meet a passenger's travel needs, the operating airline must refund the passenger for the unused portion of the ticket.

Airlines must make refunds to the person who purchased the ticket in the same form of payment the ticket or additional service was purchased.

Life__Goes__On

Fighter1986 said:

Our return flights were paid for in CAD, from a non EU airline, flying from a non-EU airport, so UK/EU law doesn't apply to that transaction.

If you used a UK credit card then doesn't matter the currency where the company is based or what was bought,  the payment transaction is under English law.

If you start using Canadian Law, the only courts that can rule on that are Canadian ones,  so you would have to try to get a refund via a Canadian court.