WHICH Airline Refund Campaign

[Sir Real]

This might be of interest to many on the forum.  'Which' is running a campaign about flight refunds, and says:

" Airline regulator, the Civil Aviation Authority (CAA), has announced it will review the mishandling of refunds. It must come down strongly on any airlines found to be denying or delaying refunds for cancelled flights and holidays.  We’re compiling passengers’ refund nightmares and will submit these to the CAA as evidence for the review."

This is the website link:  https://action.which.co.uk/page/s/flight...aint220520

I'm not affected by this - I have no flights booked - but I know there's been many complaints here and elsewhere about airlines sending vouchers instead of refunds etc.  This could be a chance to strike back!

Cheers,
Chris

[beachlife]

Many thanks for that link. Have completed details of my experiences to them.

[Spitfire58]

I put in a complaint to them last week. But like everyone else, I doubt Ryanair will take any notice unless compliance action is taken against them by the CAA

[fatherted]

The CAA can only investigate flights ex UK. If your flight is ex Spain you have to go through their equivalent body. 

National Enforcement Bodies under
Regulation [EC] 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91
http://ec.europa.eu/transport/themes/passengers/air
 
Disclaimer The table below is based on the information received from the EU Member States. Each Member State is responsible for the accuracy of the information it gives about its national enforcement bodies. The Commission cannot be held responsible for any missing or outdated information.
Agencia Estatal de Seguridad Aérea División de Calidad y Protección al Usuario Avda. General Perón 40, Acceso B, (Recepción planta 1ª)  28020 MADRID
Tel.: + 34 91 396 82 10
 http://www.seguridadaerea.es
Below is part of the reply I received after asking them to look into my case.
Dear ****** 
Thank you for your enquiry to the European Consumer Centre. We apologise for the delay in handling your claim. We are currently experiencing an increased demand for our services. However, please be reassured that any delays on our part do not affect your legal rights
The European Consumer Centre provides advice and assistance on individual issues of consumer law to UK consumers where they are experiencing problems with goods or services purchased from a company based within the EU, Iceland, UK, or Norway. Please note, that we offer advice and assistance in consumer complaints but we are not an investigative body and do not have any enforcement powers. We can only mediate where there is a legally founded case.Given that Ryanair is based in Ireland, air passenger rights are governed by EU regulation 261/2004. This legislation states that if the airline cancels the flight, they must offer a refund or rerouting and that any refund must be processed within 7 days. Airlines can offer a voucher, but you do not have to accept it.

If this is the case and you decide you wish to pursue a refund you need to put this request in writing to the airline within 6 weeks. You can email the airline and make the request, however, you might consider sending a registered letter as this can sometimes be more effective. If shared by us, to our Irish counterparts, they will expect to see proof that you have contacted the airline. You would also be expected to have done this if you took the airline to court. We therefore advise that you keep copies of all your communications with the airline. In your communication to the airline, lay out brief details including reference numbers dates and costs and set a reasonable date (we suggest around three months) for a response and/or the receipt of a refund. When considering what is reasonable take into account the current circumstances of COVID-19.
The European Consumer Centre in Ireland has indicated to us that due to the ongoing Coronavirus crisis, you may not receive a response from Ryanair as quick as you’d like and to allow around 90 days for a response. If following all the advice above, your case has still not been resolved within 90 days, please feel free to contact us again.

[fatherted]

I've just received this:- 
 

 
Dear Sir/Madam,

 

In response to your inquiry, we inform you that the European Union has published an Interpretative Guidelines on EU passenger rights regulations in the context of the developing pandemic situation with COVID-19, in particular the rights of passengers when travelling by air, and the application of the Regulation 261/2004 that establishes common rules in the event of cancellation, denied boarding and long delay of flights. The following interpretations are established:

 

1. IN THE CASE OF A FLIGHT CANCELLATION BY THE AIRLINES:
   

 

Right to reimbursement or re-routing

 

In the case of a flight cancellation by the airlines, the air carrier must offer the passengers the choice between one of the following three options:

 

a) Reimbursement (refund): in cases where the outbound flight and the return flight are part of the same booking, if the outbound flight is cancelled and passengers choose the reimbursement, the air carrier should offer the reimbursement for the whole ticket (i.e. both flights). But, in cases where the passenger books the outbound flight and the return flight separately, the passenger is only entitled to reimbursement of the cancelled flight.

 

If the carrier cancels the journey and offers only a voucher instead of the choice between reimbursement and re-routing, this offer cannot affect the passenger’s right to opt for reimbursement instead of a voucher. If passengers prefer the reimbursement, they are not obliged to accept the voucher instead.

 

 

b) Re-routing at the earliest opportunity, as regards re-routing, “the earliest opportunity” may under the circumstances of the COVID-19 outbreak imply considerable delay, and the same may apply to the availability of concrete information on such “opportunity” given the high level of uncertainty affecting air traffic. Reimbursement of the ticket price or a re-routing at a later stage “at the passenger’s convenience” might therefore be preferable for the passenger.

 

 

c) Re-routing at a later date at the passenger's convenience.

 

Right to care

 

Passengers who are affected by a flight cancellation must also be offered care by the operating air carrier, free of charge. This consists of meals and refreshments in a reasonable relation to the waiting time; hotel accommodation if necessary, and transport to the place of accommodation.

 

Moreover, airports are to provide assistance to disabled passengers and passengers with reduced mobility in accordance with Regulation 1107/20069.

 

It is worth recalling that when the passenger opts for reimbursement of the full cost of the ticket or being re-routing at a later date at the passenger's convenience, the right to care ends. The right to care subsists only as long as passengers have to wait for a rerouting at the earliest convenience.

 

Right to compensation

 

Regulation 261/2004 waives the right to compensation on condition that the cancellation in question “is caused” by extraordinary circumstances, which could not have been avoided even if all reasonable measures had been taken. Under that extraordinary circumstances, any air carrier is not obliged to pay an economic compensation.

 

In this context, the cancellation of a flight is due to “extraordinary circumstances” where it is cancelled as consequence of prohibitions, limitations or restrictions issued by public authorities. This condition may also be fulfilled where air carriers cancel a flight because it is expected to be empty (no such person would take a given flight or by the ban on the movement of persons). Under this “extraordinary circumstances” condition should be also fulfilled those flights which are cancelled for protecting the health of the crew.

The cases listed are not considered by the Commission to be exhaustive and there could be other circumstances related to COVID-19 that could also be considered extraordinary.

 

 

1. SITUATIONS WHERE PASSENGERS CANNOT TRAVEL OR WANT TO CANCEL A TRIP
   

 

The EU’s passenger rights regulations do not address situations where passengers cannot travel or want to cancel a trip on their own initiative. In these cases, Regulation 261/04 does not apply.

 

If the company did not cancel the flight but you could not do it due to force majeure related to COVID 19, you can contact the Consumer Authorities of your Autonomous Community. We provide you with the following link: http://aplicaciones.consumo-inc.es/cidoc/Consultas/dirMapas.aspx?tabla=dirconsum, in order to be informed if you may be entitled to a refund of the ticket in that case, under what conditions, as well as the steps to claim the refund, based on specific consumer legislation.

 

Whether or not a passenger is reimbursed in such cases depends on the type of ticket (reimbursable, possibility to rebook) as specified in the carrier's terms & conditions. It appears that various carriers are offering vouchers to passengers, who do not want to (or are not authorised to) travel any more as a result of the outbreak of COVID-19. Passengers can use these vouchers for another trip with the same carrier within a timeframe established by the carrier.

 

 

1. PROCEDURE TO CLAIM AESA (Rights under Regulation (EC) 261/2004)
   

 

The Spanish Aviation Safety and Security Agency (AESA) is the responsible organization to enforce compliance with Regulation (EC) 261/2004 of the European Parliament and of the Council, of 11 February 2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.

If you consider your rights have not been respected you can claim by this way:

1. Make a claim to the corresponding airline. You can do it through the claim forms the airlines must have available at the information desks or points of sale of tickets at airports or using the following link:

 
https://www.seguridadaerea.gob.es/media/4749587/aesa_formulario_reclamacion_cia.pdf
 
 
1.1  The claim should be addressed directly to the customer service department, either by letter or by electronic means if the company has them. List of Customer Service Departments of Airline Companies:
https://www.seguridadaerea.gob.es/lang_castellano/particulares/cancelac_retraso/att_al_cliente/default.aspx
 

1.2 The ticket, baggage tag and other documents used must be kept. In addition, the claim must be clear, concise and legible. It is important to record the date, the time, the place and the causes of the claim accurately, as well as the claimant personal data and his flight.

2 If you do not receive a response from the airline within a month, or it is not satisfactory, you can submit a claim to AESA free of charge.
There are two means to submit a claim to AESA (only one of these two submission modes will be admitted):

2.1 Online presentation: Allows you to submit your claim in your own home, fullfilling the form you can found in the AESA webwebsite. It will be required you have all documents in digital format in order to be attached. Each file can not occupy more than 2Mb, and the sum of all can not exceed 6Mb.

You should take into consideration that if you submit your claim by this way, you will be able to consult in any moment its status through AESA electronic headquarters.

Access to online presentation:
https://sede.seguridadaerea.gob.es/SAU_Pasajeros/Paginas/Inicio.aspx
2.2 Presentation by Registry office: You must send via post email to the address "Agencia Estatal de Seguridad Aérea. División de Calidad y Protección al Usuario. Avda. del General Perón 40, Acceso B, 28020, Madrid", the following documents:

1. Copy of ID / Passport / NIE of each complainant.  If it is a minor/ s passenger traveling alone it must be attached a copy of the ID, NIE, Passport of the legal guardian and  copy of DNI, NIE, Passport  of the minor, if available
   
2. Copy of the Flight booking or electronic tickets and boarding card if available
   
3. Copy of the formal complaint filed before the airline and/or the response from the airline (if any). You should wait a reasonable period of 30 days from the date you filed the complaint before the airline so that the air carrier can process it and offer a response.
   
4. Complaint form to file complaint before AESA, duly fulfilled
   

https://www.seguridadaerea.gob.es/media/4411666/formulario_para_reclamar_ante_aesa3.pdf

You can also use the EU complaint form:

https://ec.europa.eu/transport/sites/transport/files/themes/passengers/air/doc/complain_form/eu_complaint_form_en.pdf

or a brief summary of the incident: Please do not forget to include in your complaint, apart from your contact data for reporting purposes, the flight number, date of travel, origin and destination of the flight, booking reference if possible, and any other information that might be of interest.

1. For legal representatives is necessary to attach the power of attorney or representation authorization granted by the passenger duly signed.
   

 

Your claim can only be filed by one of the two previous means. In the case that the same claim was submitted by more than one mean of submission, the Agency will reserve the right not to process this claim.

Kind regards,
 
División de Calidad y Protección al Usuario
Dirección de Seguridad de la Aviación Civil y Protección al Usuario
Agencia Estatal de Seguridad Aérea
Avda. General Perón, 40.
28020 MADRID
www.seguridadaerea.gob.ese just got this reply from