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Airline went bankrupt can I get a refund with visa?

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  • 24-08-2010 12:39pm
    #1
    badboyblake
    Closed Accounts Posts: 48 ✭


    Hi all, Last year I booked and paid for a flight for my girlfriend from Madrid to Argentina with a company called Edreams and the airline was Air Comet. A couple of days after I had booked the flight Air Comet went bankrupt. I have sent claim forms to Air comet (registered in spain) but i have heard nothing back.
    As I booked the flight with Visa I am wondering if I have any comeback with them i.e. I never got the service so shouldn't I get a refund?
    All advice most welcome
    Thanks in advance


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    #2
    Oryx
    Subscribers Posts: 19,425 ✭✭✭✭Oryx


    When did all this happen, as I think there may be a time limit on cc chargebacks?


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    #3
    badboyblake
    Closed Accounts Posts: 48 ✭badboyblake


    December 2009


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    #4
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Nearly a year later, then it's probably too late by now, but you can always try.


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    #5
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    Probably too late, as I think there is a time limit on chargebacks - but there's no harm in trying. Contact Card Services in your bank.


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    #6
    Max Power1
    Closed Accounts Posts: 10,272 ✭✭✭✭Max Power1


    jor el wrote: »
    Nearly a year later, then it's probably too late by now, but you can always try.
    I think the usual limit is 6 months.

    This normally depends on the card issuer and the OP may be with a card company with a longer chargeback period. Worth a shot anyway!


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    #7
    P.C.
    Registered Users Posts: 2,782 ✭✭✭P.C.


    There would have to be a reason for the Credit Card Company (normally the issuing bank) to request a charge back on your behalf.

    What I mean is - you did not authorise the tranaction; you had reported your card stolen; you were in possesion of your card, yet your card was used abroad (cloned), etc.

    You purchased a flight from a company, which later went bang.
    Unfortunately when a company goes into liquidation, their bank accounts are frozen, and noone can get money from them.

    You need to be listed as a creditor of the company to stand any chance of getting some money back, which you have done (claim form you sent in).

    Winding up a company takes time - the liqudators need to sort out the assets and liabilities of the company, sell the assets and try and pay the liabitities.

    When it comes to liabilities, the first person to get paid is the tax man, then anyone who has a secured loan, then staff (last pay check, holiday pay due), then the creditors, and last customers who had purchased something from the company, and not received it yet.


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    #8
    GerardKeating
    Registered Users Posts: 7,664 ✭✭✭GerardKeating


    P.C. wrote: »
    There would have to be a reason for the Credit Card Company (normally the issuing bank) to request a charge back on your behalf.

    What I mean is - you did not authorise the tranaction; you had reported your card stolen; you were in possesion of your card, yet your card was used abroad (cloned), etc.

    You purchased a flight from a company, which later went bang.
    Unfortunately when a company goes into liquidation, their bank accounts are frozen, and noone can get money from them.

    You need to be listed as a creditor of the company to stand any chance of getting some money back, which you have done (claim form you sent in).

    Winding up a company takes time - the liqudators need to sort out the assets and liabilities of the company, sell the assets and try and pay the liabitities.

    When it comes to liabilities, the first person to get paid is the tax man, then anyone who has a secured loan, then staff (last pay check, holiday pay due), then the creditors, and last customers who had purchased something from the company, and not received it yet.

    Not exactly correct, if you purchase goods/services via credit card and the goods/service are not provide you can do a chargeback, one of the (many) issues with the FlyGlobeSpan collapse was that the processor it used for credit card transaction would not release funds for a transaction until the flight had happened.

    But they might not entertain a claim after this long. The first call for the OP (and anyone in the same position) should have been to his CC company.


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    #9
    Thoie
    Registered Users Posts: 6,344 ✭✭✭Thoie


    jor el wrote: »
    Nearly a year later, then it's probably too late by now, but you can always try.
    dudara wrote: »
    Probably too late, as I think there is a time limit on chargebacks
    Max Power1 wrote: »
    I think the usual limit is 6 months.
    GerardKeating wrote: »
    But they might not entertain a claim after this long.

    One thing to note (and it's probably not the case here), but with most airlines you can book a flight up to 11 months in advance. I presume the timelimit for chargebacks in this case would be from the date the service should have been provided?

    So, if I had booked a flight in January, to travel in November, and in November the company went bust, I could start the chargeback in November. What would be the situation if the company went under in February?


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    #10
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Thoie wrote: »
    So, if I had booked a flight in January, to travel in November, and in November the company went bust, I could start the chargeback in November. What would be the situation if the company went under in February?

    I wouldn't count on that at all. Credit card operators normally restrict any charge back process to a certain time frame after the purchase is made, regardless of when you're supposed to receive the goods or service.

    I this case though, just looking back on the OP, they booked with a company called Edreams, which did not go bankrupt, the airline did. The contract is with Edreams, and it would be up to them to retrieve the money. I'm assuming that Edreams is still operating.


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