booked a flight, but unable to travel due to US ban on UK travellers

salimnina

Hi,

I booked a flight to the US, but I could not travel due to the US ban on UK and EU at the time ( back in 2021 ) The airline offered me vouchers instead of refund, because the flight to the US was still operating.

I am requesting refund, I contacted the Aviation Dispute Consumer Group ADR and this is what the airline responded, I need to make further submission in order for an adjudicator to decide on the case.

Note that vouchers are no good to me, and flights are way too expensive, so basically it's a total loss, especially when it is Virgin Atlantic with less destinations.

below is the response if anyone can assist, I have seven days to respond:

I have completed an investigation into the complaint received from the above customer. Please find below our findings:

  

Background

1. Mr XXXXX and his family were booked to travel on flight VS *** from London Heathrow to JFK, New York on 22 October 2021, returning on VS **** on 31 October 2021.

1. Mr  made enquiries regarding changing the Flight date as restrictions were still in place entering the USA. He wanted to either change dates free of charge or receive a full refund.

1. We advised Mr  that the flights were still operating but, in line with our policy, if he decided to change the dates he would be able to do so and any change fees would be waived. If there was a fare difference, this would be charged. Alternatively he could opt for a travel voucher for the value of the tickets which could be used up until 30 April 2023.

1. A full refund could not be offered as the flights had not been cancelled. If a refund was requested it would be processed under the fare rules of the ticket and the tickets were non-refundable.

1. Mr has now accepted a voucher.

Legislation

 

6.    This matter is subject to the Airline’s own Conditions of Carriage and the terms and conditions that apply to the booking.

 

7. Article 7 of the Airline’s Conditions of Carriage states:-

https://help.virginatlantic.com/gb/en/policies/conditions-of-carriage/article-7.html

7. MAKING A CHANGE TO YOUR BOOKING

7.2 Changing your itinerary in advance

1. You will only be allowed to change your itinerary if this is permitted by the Tariff that applies to your Ticket. We or our Authorised Agent (if your Ticket is booked through one) will notify you of these when you book. If you need flexibility with our itinerary, you should make sure that the fare conditions of your Ticket suit your needs. We suggest that you have appropriate travel insurance if they do not.

(b) Some changes to your itinerary, (for example, the date or route, if you don’t take the first flight on your Ticket or if you do not take flights in the agreed sequence) may not be possible at all or may result in a price change. We will let you know if you can make a change and if there is an additional fee or refund when you contact us. We may also charge a change fee for itinerary changes (the amount of which is dependent on the Tariff that applies to your Ticket).

 

CONCLUSION

8. There has been no breach of contract. Any fare difference applicable to a voluntary date change should be made in accordance with the terms and conditions in place at the time of the booking.

[Deleted User]

There's nothing more to say.  If the tickets were not refundable, you've left with whatever they want to offer.

photome

looks like you accepted a voucher, is that right? 

1. Mr has now accepted a voucher.

salimnina

really ? I mean we could not travel ...

Thrugelmir

The airline still ran the service............

k3lvc

salimnina said:

really ? I mean we could not travel ...

Which is not the fault of the airline - they're compromised on offering you a voucher/change which they didn't have to based on you choosing a non-refundable ticket

salimnina

k3lvc said:

salimnina said:

really ? I mean we could not travel ...

Which is not the fault of the airline - they're compromised on offering you a voucher/change which they didn't have to based on you choosing a non-refundable ticket

so if I tried to board they would have let me ? surely not

[Deleted User]

No, because you didn't meet the criteria for boarding, in the same way as you would have been declined boarding for not having a passport. 

They wouldn't refund for you not having a passport either, though, in case you were wondering.

quoia

I think there may just be one thing that needs clarifying first .....

.... WHEN did you book the flights ?

October 2019  or before when Covid19 didn't exist

OR

spring / summer of 2021 when what happened was always very likely to ? 

salimnina

Deleted_User said:

No, because you didn't meet the criteria for boarding, in the same way as you would have been declined boarding for not having a passport. 

They wouldn't refund for you not having a passport either, though, in case you were wondering.

Not having a passport is my fault... not being able to board because of the US ban is not my fault.

[Deleted User]

And neither of them are the airline's fault.

You should have claimed on your travel insurance.