EU 261/2004 Denied Boarding Regulations - Air New Zealand via Netflights

[Unhappy Camper]

Hi 

 

In Jan 20 I booked via Netflights family tickets to Los Angeles from Heathrow with Air New Zealand going in August 2020. They were non-refundable flights. Air New Zealand cancelled due to COVID-19. I approached Netflights for a refund who said they can only refund me if the airline refunds them.  I looked at EU261/2004 and as these flights depart from an EU airport they are covered by the regulations. I approached Air New Zealand quoting the relevant sections of EU261. They said they will only deal with the travel agent if a refund is due and wont refund me directly and their answer was final.

 

Netflights said they are a ticketing agent only as per their T's and C's so if they receive no refund from airline they will not refund me! Can someone advise me on next steps if that scenario occurs? Has anyone had similar dealings with Netflights or another online travel agent with this type of scenario?

 

Who is my contract with - the airline or travel agent?

 

Thanks

Edited June 5, 2020 by Unhappy Camper
More info

[honeybee13]

Hello and welcome to CAG.

 

As you can imagine we're getting a lot of queries about this and of course each one is different so I can't necessarily point you towards a similar thread. I'm sure people will be along to advise, please bear with us.

 

Best, HB

[Unhappy Camper]

Thanks honeybee13

[honeybee13]

I've amended your thread title slightly to show which companies are involved, it might get you more views.

 

HB

[honeybee13]

I don't know if you've seen this from Which?

 

https://www.which.co.uk/news/2020/05/airlines-pass-the-buck-to-travel-agents-to-avoid-paying-refunds/

 

HB

[Unhappy Camper]

Hi Yes I have hence why i went to Air New Zealand directly but to no avail.

Edited June 5, 2020 by Unhappy Camper

[honeybee13]

I suppose some of this is in the melting pot due to the unique problem, but that doesn't help you of course.

 

This is from ABTA today. Do you know who regulates Netflights?

 

https://www.abta.com/news/coronavirus-outbreak

 

HB

[unclebulgaria67]

Netflights are members of ABTA, so you can look to them to assist you if necessary.   https://www.abta.com/

 

The issue i suspect is that at the moment,  the travel industry companies are getting loads of requests for refunds and they just don't have the staff resources to do the administration. Companies have been furloughing staff, making them redundant, sending staff home for shielding etc etc.  In normal times, when the airline cancels, they contact the flight Booker to find out what they want to do, obtain a refund or transfer to a different flight. In this case Air New Zealand would have advised Netflights of the cancellation and nothing is happening. 

 

Air New Zealand are correct that Netflights just need to request the refund on your behalf following the cancellation of the flight and when Netflights receive the money back, they should just refund it using the debit or credit card you originally made payment with.

 

So get on to Netflights and make a complaint.  Go to ABTA if necessary.

 

 

[Unhappy Camper]

Thanks Uncle Bulgaria. In my case I only found out the flights were cancelled when I went on the Air NZ website. On MyTrip in Netflights, the flights are still showing as operating! Netflights have requested the refund from Air NZ when I told Netflights that the flights were cancelled - my question is what are my next steps if Air NZ refuse? Do Netflights have to reimburse by law if they are not reimbursed by Air NZ. Who do I have the contract with? I will speak with ABTA.

Edited June 5, 2020 by Unhappy Camper

[unclebulgaria67]

Air New Zealand would be responsible ultimately and have to refund.  But Netflights as they are still the agency and still exist, have to organise the refund.

 

But speak to ABTA and ask them about any timescales for refunds.