Refund nightmare with blue-air airline 29 December 2020 at 5:09PM in Coronavirus travel help & info 14 replies 807 views

Dogmama79

Hi, 
I am looking for some advice as having a nightmare with Blue-Air over refunds for cancelled flights due to Covid. I booked flights in May this year and have been in frequent contact with them for a refund however with their email system, they never respond after initial acknowledgement email! I am now at the point where i am struggling to even get a travel voucher (which I DONT want) from them as the money wallet on their site shows zero though due £385.
Can anyone suggest my next step as looks like not going to even be refunded via travel voucher? 
Thanks
Hannah 

mattyprice4004

Did the flight go ahead without you on, or was it definitely cancelled? 

Dogmama79

It was definitely cancelled by blue air with little advance warning 

CKhalvashi

May be worth popping a letter to their Bucharest office requesting this nicely.

You've left it too late realistically to be able to take it through the EU claims system without going through Romanian courts (in Romanian, which I assume you don't speak) and be able to enter Romania to deal with it.

Aside from this and reporting to the CMA, there is very little realistically that can be done.

dp_polo666

Hi Hannah,
Did you get a resolution?
Damian

kernow1234

I'm also having an issue with Blue Air not paying out.
Flight was overbooked on 2 September, from Romania to UK, I was denied boarding.
Submitted claim to them before the 45 day cut off.
Contacted them after a month, was told to wait until 2 months had passed after the claim as that was their response rate.
Contacted them after 2 months, was told they would escalate the claim and I would hear from them.
Still nothing. 
Any advice please on my next move?

cx6

Go via your debit or credit card chargeback route?

CKhalvashi

cx6 said:

Go via your debit or credit card chargeback route?

It will be too late to do this now, as the flight was more than 120 days ago for a debit card (for a CC, see below).

kernow1234 said:

I'm also having an issue with Blue Air not paying out.
Flight was overbooked on 2 September, from Romania to UK, I was denied boarding.
Submitted claim to them before the 45 day cut off.
Contacted them after a month, was told to wait until 2 months had passed after the claim as that was their response rate.
Contacted them after 2 months, was told they would escalate the claim and I would hear from them.
Still nothing. 
Any advice please on my next move?

For a Credit Card, Section 75 of the Consumer Credit Act (including for the compensation) will be the correct course.

There is not a 45 day cut off in Romanian law, the statute of limitations is 3 years, starting on the date of the defect (in this case limitation period will be 2 September 2024).

If you've paid on a debit card, this will be your option.

CKhalvashi said:

May be worth popping a letter to their Bucharest office requesting this nicely.

You've left it too late realistically to be able to take it through the EU claims system without going through Romanian courts (in Romanian, which I assume you don't speak) and be able to enter Romania to deal with it.

Aside from this and reporting to the CMA, there is very little realistically that can be done.

kernow1234

Hello,
And thank you for your replies.
So I would have to file a claim in the Romanian courts, I couldn't file a claim against their UK office and do it here?

And also, I paid by credit card.  Are you are saying I could claim for the compensation as well as the flight refund via the Consumer Credit Act?  Could you give me a little more idea of how this would work please?

Thank you very much!

CKhalvashi

kernow1234 said:

Hello,
And thank you for your replies.
So I would have to file a claim in the Romanian courts, I couldn't file a claim against their UK office and do it here?

And also, I paid by credit card.  Are you are saying I could claim for the compensation as well as the flight refund via the Consumer Credit Act?  Could you give me a little more idea of how this would work please?

Thank you very much!

They didn't have a UK office. If they do now, this remains an option to you. I will check.

And yes, Section 75 of the Consumer Credit Act is here. Essentially as long as the flight was more than £100 and less than £30k, the credit issuer (being the card company) is liable for performance of the contract. Blue Air package fares for the return, so this would be £100 for the return flight (if applicable). Extras are included in the cost.

Your refund rights under EC261 (as you'd have been flying on a YR-reg aircraft under the 0B/BLA AOC) are a refund within 7 days in your circumstances plus compensation, or compensation with the legally required care and a new flight.

If you have any questions regarding this, please ask.

Alan_Bowen

Just to put into context how difficult you may find it to get any response from Blue Air, they appeared in Uxbridge Magistrates Court earlier this week for failing to pay 6 fixed penalty fines for breaching covid regulations. They were found on 5 occasions to have allowed passengers to travel back to the UK without completing a passenger location form, which should have been checked at the time of check-in and once for allowing an unvaccinated passenger to travel back to the UK. I assume in all cases the passengers were denied entry to the UK and sent back to Romania.

For each offence there was a fixed penalty payable which they totally ignored, the CAA have taken legal action against them and they were fined £40,000 at Uxbridge, if they won't pay government-imposed penalties, getting them to pay EU261 claims is going to be very hard indeed!