19 Apr, 2021 → by ClaimboUser826474
Refusal to give a refund due to cancellation for covid

1

I have written numerous times to Vueling. They refused to provide me with a refund. They have cited ED Reg 261/2004 which does not support their argument. Also 'adverse events .. beyond company's control' and the Community Passenger Protection Regulations, your case does not correspond to any type of economic compensation'. More recently the following response is automated which is disrespectful and means that you cannot meaningfully engage with the company at all, to pursue your complaint. "Dear Mr./Mrs.: We contact you in response to your request [SR_Number: 1-[protected]] After having resolved your claim in our previous letter, we have reviewed the case, checking that our company acted in accordance to our Conditions of Transport and the current European Air Navigation Regulations. Once again, we regret that we cannot proceed with your request in the terms you request. Therefore, we will proceed to close the case, terminating the processing. Sincerely, Customer Services Department VUELING AIRLINES, S.A." The basis of tort law across the common law area is that in the event of something occurring beyond everyone's control and cancellation of a service, then both parties should be returned to their original state i.e. return the money and call it quits. Natural justice adheres and this is my money and I want it back. I have purposely not asked for compensation although now I am having to spend so much time and effort on this that I think that they should compensate me for my time wasted. It is very clear if you look at the EU regs that they should refund us. I refer to Commission Notice - Interpretative Guidelines on EU passenger rights regulations in the context of developing situation with Covid (2020/C 89 1/01), para 3.2 "In the case of a flight cancellation by the airlines (no matter what the cause is) Article 5 obliges the operating carrier to offer the passengers the choice among: a)reimbursement/refund.." I am grateful for any help you can give me. Yours faithfully claire.[protected]@hse.ie [protected]
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