Chasing refund from March 2020 Norwegian Air

dementedhousewife

We was due to go on holiday to the USA March 29th 2020.
We have been attempting to get a refund ever since.
The flights were around £2200 - Norwegian refund around £900 but have so far refused to refund the remainder as they say the flights were never
cancelled - even though from the 23rd March the USA was closed.
They say due to the outgoing flight not being cancelled we were a no show for the flight.
I've tried getting a refund via Amex but they refuse and i cant get a refund from the Insurance as i need a cancellation invoice but i cant get this as again the
outgoing flight wasn't cancelled.
Any help would be appreciated 

MATTR5

In your favour is the fact the Foreign Office were advising against travel - see below

Did you contact them before the flight departure date? - There needs to be a paper trail or calls - what options were you offered? There can be a technicality where if the flight goes then you are not due a refund and can only amend - there is some info on that here - https://www.which.co.uk/news/2020/11/coronavirus-outbreak-advice-for-travellers/ 
See the part that says ....British Airways, Ryanair, EasyJet hasn’t cancelled my flight. Can I claim a refund?...

A Foreign and Commonwealth Office spokesperson said:  (This is 2020) 

We are advising against all but essential travel to the USA following the US government announcement imposing restrictions on travel from the UK (and Ireland) effective from midnight on Monday 16 March EST or 4am on Tuesday 17 March GMT.

It really all depends on what you were offered and what you did 

dementedhousewife

Thankyou for your reply.

Yes i contacted Norwegian and requested the refund from their website as per their t&cs.
I selected both in and out flights . However they only refund in inbound flight.
I requested both flights about 4 times and calling them numerous times but they just kept 
refusing.   I have literally tried everything but they just dont seem to give a flying fish!
I have again submitted today - via a different submission - but the person i spoke to still say 
the flight wasnt cancelled - im still owed around £1200 

Thats not even including the 2x houses we booked via Home Away who have also refused to refund.

Westin

It does sound like this should have been a travel insurance claim.

dementedhousewife

Ive also tried that , but the insurance wont pay out without a cancellation invoice 
which Norwegian Air wont suuply

Westin

Have you explained that to your travel insure and also said (although I would hope that they know) that the old Norwegian went bankrupt?

Another thought or line to go down is that you mention Norwegian had you down as no-shows. If you have that in writing from them, together with your original flight invoice and record of the FCDO travel advisory, that should I would hope be sufficient for a claim.

Thrugelmir

Westin said:

Have you explained that to your travel insure and also said (although I would hope that they know) that the old Norwegian went bankrupt?

Never went bankrupt. Was able to claim bankruptcy protection that it's now out of. As a non UK company different insolvency rules apply. 

MATTR5

Could this be relevant? - https://www.lifeinnorway.net/norwegian-denies-full-refund-to-34000-customers/  

MATTR5

Sorry should have added - maybe speak to Citizens Advice or start a small claims proceeding

There's some info on MSE here - https://www.moneysavingexpert.com/news/2020/02/coronavirus-travel-help-and-your-rights/   but its a grey area 

Your trip's still going ahead but lockdown restrictions don't allow you to travel. 
General guidance from the Competition and Markets Authority (CMA) states that you should get a full refund if it would be illegal for you to use a booking, for example, if there's a full lockdown or 'stay at home' directive in place.

Yet this isn't a definitive interpretation of the law, and the CMA has been investigating travel firms which only seem to offer vouchers in this scenario – so getting a refund may not always be plain sailing. Plus if you've flights that start in other countries, or hotels booked there, you're at the mercy of your travel provider and the country it's governed by.

sheramber

Did your insurance provide cover for FCO advice against  travel or restrictions due to government advice.

A travel insurance claim would come under these categories.

 

Westin

Thrugelmir said:

Westin said:

Have you explained that to your travel insure and also said (although I would hope that they know) that the old Norwegian went bankrupt?

Never went bankrupt. Was able to claim bankruptcy protection that it's now out of. As a non UK company different insolvency rules apply. 

Norwegian set up several subsidiaries. I thought Norwegian Air U.K. and Norwegian Air International were two such subsidiaries which operated the B787 longhaul flights out of the U.K.  Both companies have been liquidated.