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Forums › Travel (planes, train, cruise) › COVID-19 Flights cancelled by Airline - C/card Charge backs?
concordnz

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#269694 2-Apr-2020 17:48
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Hi, 

 

I have $1000+ in flights booked over Easter, which AirNZ have Cancelled, 

 

They are refusing to offer a Refund, (just a 'credit for use in the next 12 months') -

Of which I have no use for, and as they have not provided the services, for which I paid, 
As I paid via Credit Card, I would suspect, I have some grounds for Requesting a charge back(refund) from the Bank, via the Credit Card.

 

 

 

Does anyone have experience in this process, and know what the requirements are to get a Refund via the C/card?  
(There is going to be a lot of people in this situation, - with Air NZ refusing to provide Refunds, - even know they have not provided the services, they were contracted to provide.)

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dejadeadnz
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  #2453343 2-Apr-2020 21:11
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There's very unlikely to be a CGA claim available as this is not a case where the airline has failed to meet the required guarantees in respect of supply of services. @SirHumphreyAppleby is on the best track so far. The ordinary legal principles that govern such a situation is the legal doctrine of frustration and this has been encapsulated in s 60 of the Contract and Commercial Law Act 2017. The most relevant remedy is s 61(1), which mirrors the common law doctrine of money had and received for cases where one party receives money to perform a contract that now cannot be performed for reasons that are not the fault of either party. Under traditional common law, I'd argue that both parties have been discharged from the contract and the OP is entitled to a refund under the doctrine of frustration but his rights may also be tempered by international instruments like the Montreal Convention, which has the force of domestic law by virtue of the Civil Aviation Act. In some cases, the Convention (as confirmed by High Court precedents) absolutely overrides provisions of the CGA but I don't know enough about aviation law to know whether it does here.

 

If the OP is unhappy, once things open up, take a case to the DT if you don't get a satisfactory outcome from your perspective. At the end of the day, only the judicial systems' opinion count and as presumably the only real lawyer in this thread (taking legal advice from certain characters who have posted in this thread would be most unwise if you are aware of their history and general attitudes towards consumer rights), even I am not 100% sure as to your rights in these rather unique circumstances.

 

Best of luck.

 

Edit: Left out "CGA" in the first sentence.

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