Like many, i'm locked in a dispute on refunds with Etihad on a cancelled flight. The flights originate in the UK. I gather since Brexit, flights that originate in the UK are no longer covered by the EU rules?
On another note, my view is that Etihad is simply playing the game i'm bigger than you. Their refusal to refund this flight because they cancelled the flight is just illegal.
The issue of refunds v vouchers is a thorny one. In the case of almost all British consumer protection legislation, virtually all of this was derived from, or enshrined in, EU regulations, in the transition period post Brexit (originally slated to be for the end of this year, but may possibly be longer now due to you know what!) all EU legislation rolled on as was, to ensure that there was no black hole in regulations.
So for now the fact is that despite Brexit, the same rules and regulations apply (for now at least), although not relevant in your situation this also includes the EU261 compensation for delayed flights (oh does that ever seem a minor problem compared to now).
The general expectation is that effectively the level of protection afforded under EU statute will enshrined almost exactly in UK Law post the transition period. In the case of EU261 the British Government has made a specific commitment to enshrine the same level of protection in UK law.
In terms of your specific question the fact that the flight originated in the UK would probably only be relevant in the event of an EU261 claim (which you couldn't make anyway in these circumstances). The sale of the ticket would probably be covered by the consumer legislation where you bought the ticket. As stated though, the possibility of a claim back through your CC provider may be a route open to you.
I had an email from Etihad telling my flight credit was my only option - they cited their terms of carriage.
I responded drew their attention to their terms of carriage which set out what happens in the event of a flight cancellation which stated they had to offer a comparable flight or a total refund. I also highlighted that since this originated in the UK it would be covered by EU261, and would look to seek compensation as outlined in that legislation.
Eithad did not reply for 2 weeks, in the interim i went to CC provider and raised a charge back. They have since informed me that VISA has allowed airlines to enact force majeure because of government intervention and charge back was not possible.
Subsequently tonight I have been offered credit with 60USD and 2500 etihad miles compensation or a full refund.
Hi Guest, join in the discussion on
UK under EU regulations
Uqsthom6
Uqsthom6
Member since 15 Mar 2017
Total posts 21
Hi All,
Like many, i'm locked in a dispute on refunds with Etihad on a cancelled flight. The flights originate in the UK. I gather since Brexit, flights that originate in the UK are no longer covered by the EU rules?
On another note, my view is that Etihad is simply playing the game i'm bigger than you. Their refusal to refund this flight because they cancelled the flight is just illegal.
THanks in advance.
Grannular
Grannular
Member since 31 Mar 2014
Total posts 283
If you don't get anywhere, do a charge back on your CC
planesa380
planesa380
Virgin Australia - Velocity Rewards
Member since 05 Sep 2013
Total posts 77
Flights to the UK are still covered under EU 261.
However, information is changing regally, your best bet is looking at the UK Civil Aviation Authority Website Here: https://www.caa.co.uk/COVID-19/
Also see EU 261 Covid-19 page and your rights if flight is canceled.
Ourmanin
Ourmanin
Singapore Airlines - KrisFlyer
Member since 08 Jun 2018
Total posts 144
The issue of refunds v vouchers is a thorny one. In the case of almost all British consumer protection legislation, virtually all of this was derived from, or enshrined in, EU regulations, in the transition period post Brexit (originally slated to be for the end of this year, but may possibly be longer now due to you know what!) all EU legislation rolled on as was, to ensure that there was no black hole in regulations.
So for now the fact is that despite Brexit, the same rules and regulations apply (for now at least), although not relevant in your situation this also includes the EU261 compensation for delayed flights (oh does that ever seem a minor problem compared to now).
The general expectation is that effectively the level of protection afforded under EU statute will enshrined almost exactly in UK Law post the transition period. In the case of EU261 the British Government has made a specific commitment to enshrine the same level of protection in UK law.
In terms of your specific question the fact that the flight originated in the UK would probably only be relevant in the event of an EU261 claim (which you couldn't make anyway in these circumstances). The sale of the ticket would probably be covered by the consumer legislation where you bought the ticket. As stated though, the possibility of a claim back through your CC provider may be a route open to you.
Uqsthom6
Uqsthom6
Member since 15 Mar 2017
Total posts 21
Ok so I have an update.
I had an email from Etihad telling my flight credit was my only option - they cited their terms of carriage.
I responded drew their attention to their terms of carriage which set out what happens in the event of a flight cancellation which stated they had to offer a comparable flight or a total refund. I also highlighted that since this originated in the UK it would be covered by EU261, and would look to seek compensation as outlined in that legislation.
Eithad did not reply for 2 weeks, in the interim i went to CC provider and raised a charge back. They have since informed me that VISA has allowed airlines to enact force majeure because of government intervention and charge back was not possible.
Subsequently tonight I have been offered credit with 60USD and 2500 etihad miles compensation or a full refund.