Flight refund after receiving a voucher MARTIN PLEASE HELP

kellyd78

I had flights cancelled in April 2019. I received a voucher for the flights. Said vouchers expire in 2022 after being extended twice. I cant use them - Easyjet currently only have flights to Belfast, Bristol or Jersey from my local airport. I do not wish to go to any of these destinations. If I want to go to a destination of my choice I'm going to have to travel over 400 Miles (return trip) which is unreasonable especially when my local airport is only 60 miles (return) from where I live.

I have requested a full refund on the grounds that it will be 2 years that I have been out of pocket when the vouchers expire and there are no destinations I wish to fly to from my local airport because easyJet aren't offering flights.

A refund would allow me to buy a flight with another airline that is flying from my local airport. It is so distressing especially because I cant speak to anyone, I've tried email and twitter. How/can I get my money back??

user1977

Unfortunately the time to ask for a cash refund was April 2019 - it sounds like you accepted vouchers, with the risk that you might not want or be able to spend those.

Also, note that Martin doesn't hang out on the forums...

redped

kellyd78 said:

Said vouchers expire in 2022 after being extended twice. I cant use them - Easyjet currently only have flights to Belfast, Bristol or Jersey from my local airport. I do not wish to go to any of these destinations.

Well technically you can use them, you just don't want to go to where they fly.  I'm from Belfast, and have been to both Bristol and Jersey - all three are really nice destinations, so I'd suggest trying one of them for a break.

You could also wait to see if Easyjet add any new routes from your local airport before the vouchers expire at some stage next year.

Manxman_in_exile

Presumably the original booking for April 2019 was to a different destination from your local airport than Easyjet are currently offering?  And presumably the original cancellation and the two voucher extensions were due to Covid lockdowns?

I'm inclined to agree with previous posters that you're probably stuck with this as Easyjet can offer you flights, but not to a destination you want to visit.

However...  although the Competition & Markets Authority have said that the issuing of vouchers can be a satisfactory remedy in the case of a Covid cancellation, they have also said that the consumer must not be misled or pressured into accepting vouchers, and any conditions or restrictions on the vouchers must be made clear to the consumer:

"Credits and re-booking

Consumers can normally be offered credits, vouchers, re-booking or re-scheduling as an alternative to a refund, but they should not be misled or pressured into doing so. A refund should still be an option that is just as clearly and easily available.

In particular, businesses should not give consumers the impression that they are not entitled to a cash refund where that is their legal right, and in the CMA’s view this would be likely to breach consumer protection law.

Any restrictions that apply to credits, vouchers, re-booking or re-scheduling must also be fair and made clear to consumers.  [My emphasis]"

Statement on coronavirus (COVID-19), consumer contracts, cancellation and refunds - GOV.UK (www.gov.uk)

Did Easyjet make it clear to you when you accepted the vouchers that they might no longer be flying to where you were originally booked, or that they might no longer be flying anywhere that you wanted to visit?

Also in that link above the CMA says:

"Non-refundable payments and fees

In the CMA’s view, for consumer contracts the above rights to a refund will usually apply even where the business says part of the payment is a non-refundable deposit or advance payment.  [My emphasis]

This is because the contract will have been frustrated and terms which allow a business to provide no service but keep a consumer’s money (including deposits or advance payments) are likely to be unfair, and therefore unenforceable [My emphasis] under Part 2 of the Consumer Rights Act 2015."

You could try arguing that because the vouchers can no longer be used for the service (destination) that you originally booked, but that Easyjet want to keep your money despite not being able to provide a suitable alternative service, that they are acting unfairly, and that the Consumer Rights Act 2015 prevents them from doing this.

Try putting both points above to Easyjet (just as I've outlined them above) and see what they say.

You could also try reporting Easyjet direct to the CMA and complining to your local CAB

GOV.UK - Report a business behaving unfairly during the Coronavirus (COVID-19) outbreak - GOV.UK (coronavirus-business-complaint.service.gov.uk)

Personally I don't think you've much chance of getting a refund at all - particularly after the vouchers have extended twice.  But if you don't ask you won't get...