Insurance Refusing to Pay Out / easyJet Refusing to Refund

ckum9

I booked a trip to leave the UK with easyJet directly on 28 February 2020. The flights were due to leave the UK on 18 March 2020. Unfortunately the day before I was due to fly out the UK Government stated that all non-essential travel should not be taken so we decided not to fly out. easyJet didn't cancel the flight, presumably for those that were flying for essential travel purposes. 

I now can't get a refund from easyJet as they've stated only cancelled flights can be refunded.

I have insurance with AXA through my AMEX card and raised a claim pretty much straight away. However, they've now stated that the CMA's guidance on consumer contracts (I can't post the link but it's gov.uk/government/publications/cma-to-investigate-concerns-about-cancellation-policies-during-the-coronavirus-covid-19-pandemic/the-coronavirus-covid-19-pandemic-consumer-contracts-cancellation-and-refunds) would mean they're unable to refund me my flights either. They've referred me back to easyJet, who should be able to refund me. I'm going back and forward between AXA and easyJet with both refusing to refund.

Has anyone had a similar issue and any tips on how to resolve it?

mrsmoneypenny90

Can your actual credit card provider AMEX not help you with a section 75 claim? 

greyteam1959

Contact your CC company & request a chargeback.
Reason = Goods and services not supplied.

bagand96

greyteam1959 said:

Contact your CC company & request a chargeback.
Reason = Goods and services not supplied.

Problem here is that easyJet may well contest that and say the flight did operate.  Which would be correct.  

ckum9

Thanks all. I’ve now raised a section 75 claim but as you say bagand96, easyJet could claim that it was my decision not to board the flight. The current thinking between the CMA and easyJet doesn’t tie in with insurance unwilling to intervene.

To my mind my insurance still should be paying out on my original claim but what takes precedence here in this scenario?

[Deleted User]

greyteam1959 said:

Contact your CC company & request a chargeback.
Reason = Goods and services not supplied.

Tricky as the flight did go ahead so in effect 'goods were supplied' but as the Government advised against all but essential travel on the day the flight was scheduled for, I am thinking that this is the basis for a claim rather than goods not supplied?   In that case surely it is an insurance claim?  Although I don't know what type of insurance you actually took out.   Sorry not much help but maybe someone else will be more knowledgeable?   You shouldn't have to lose this money doing what the Government advised. 

ckum9

Thanks. I have insurance with AXA through my AMEX Platinum charge card (but I paid for these with my BA AMEX credit card). 

I was given the below from AXA:

“ some new government guidelines have been released about when airlines should be refunding you. 

 

The current advice from the government is that the CMA (Competition and Markets Authority) expect a consumer to be offered a full refund for any of the following situations:

 

·         A business has cancelled a contract without providing any of the promised goods or services;

·         No service is provided by a business, for example because this is prevented by Government public health measures;

·         A consumer cancels, or is prevented from receiving any services, because Government public health measures mean they are not allowed to use the services.

 

In your case, point number 3 would apply and therefore we have to ask that you continue to pursue a refund with Easy Jet. I’m sorry we couldn’t advise you of this sooner.”

Appreciate everyone’s help. Hopefully someone can point me in the right direction!

[Deleted User]

A consumer cancels, or is prevented from receiving any services, because Government public health measures mean they are not allowed to use the services.

Ok so they are telling you to pursue a refund with Easy Jet.  Do that and  Keep all correspondence from Easy Jet to send to your insurers.   They all seem to be passing the buck.   You need "Life goes On" to come in on this who has all the rules and regs at his fingertips.  Or Browntoa?   

 

Thrugelmir

Did you contact Easyjet prior to flight departing ? 

Galloglass

Thrugelmir said:

Did you contact Easyjet prior to flight departing ? 

Easyjet somewhere along the line changed their policy with regards to refunds. The early policy was that you had to confirm you intended to fly.  Easyjet then cancelled and refunded as they broke the contract.

Later on, I had a flight early May and I was given no option to confirm the flight. The flight was simply not available so it was a compulsory refund which I am still waiting for.

You might ask Easyjet to confirm when their policy with regards to refunds changed and then use Easyjet's ADR. Everyone has the right to challenge an organisation's decision. Easyjet's is in their terms here

Alternative Dispute Resolution
1. If we have been unable to resolve your complaint, you may be able to refer your complaint to AviationADR within 12 months of our final response. They are approved by the Civil Aviation Authority to provide an independent review of complaints and dispute resolution services. Their details are: AviationADR, 12-14 Walker Avenue, Stratford Office Village, Wolverton Mill, Milton Keynes, MK12 5TW , telephone 0203 540 8063, email aviation@cdrl.org.uk and website www.aviationadr.org.uk. Or, you may use the European Commission’s online dispute resolution platform via the electronic form available on the website of the European Commission (external website, link opens in a new window).

 https://www.easyjet.com/en/terms-and-conditions

Life__Goes__On

Doesn't look like anything will be quick
Personally would try a Chargeback & S75  they are could fail for the reasons above.
If they do fail you can use that as evidence with your insurance claim.