Moneyclaim Online for an EU261/2004 Flight refund dispute?

[spanky3]

I have flights booked to the US from Heathrow in August which the airline has cancelled. The airline is based on the other side of the world and has cancelled the route permanently for business reasons.

The airline is refusing a refund as they say I booked through an agent (true) so the agent must refund me. However, according to EU261/2004 Article 5 it is the carrier who is responsible for my refund regardless of where or how I bought the ticket.

The airline has a UK office in London. Is there any reason why I can't start action against them on Moneyclaim Online using their London office address?

Thanks.

[Starfighter]

The EU rules only apply to EU airlines or flight coming in to the EU. I would go the the booking agent and have them do the refund or a credit card charge back.

[jesusbuiltmycar]

The EU is probably going to cave I. And have customers bail out airlines - France Germany and 12 other EU states are getting on board to throw the airlines a lifeline at their customers expenses...

The US has its own rules and I believe they have reiterated that the airlines must refund passengers

https://thepointsguy.com/news/dot-to-airlines-refu...

https://www.transportation.gov/briefing-room/us-de...

So hopefully you will get your money back.

[Graveworm]

Starfighter said:

The EU rules only apply to EU airlines or flight coming in to the EU. I would go the the booking agent and have them do the refund or a credit card charge back.

I think you meant departing from. But in any event, for a non-community carrier they are only liable to refund for the one leg (Outward) so the return flight would mean going to the agent/credit card Co. So it's probably easier to go that route.

[Starfighter]

Doh!
You a re correct - outbound is covered. I should know that as American had to pay up for a 4 hour delay and missed connection for me.

[spanky3]

Thanks all, I hadn't picked up on the halves of the journey being treated separately.

The agent is claiming, probably correctly, that they can't refund because the airline has the money. I could probably do a section 75 for breach of contract but failing that I might be best off with the county court route to recover the outward leg costs assuming I can claim against their UK address.