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Is a chargeback reasonable?

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Brian_Earl_Spilner
Credit Mentor

Re: Is a chargeback reasonable?


@DaveInAZ wrote:

@Anonymous wrote:

I bought plane tickets (about $850) from Norwegian Air in December on my Amex (Cash Magnet) card, and have paid it off since then.


Too late. You have 60 days to dispute a credit card charge, per the Fair Credit Billing Act of 1974. The 60 days starts from the day the statement containing the erroneous charge was mailed to you or made available online. And especially since you've already paid for the charge Amex is not going to be sympathetic. You'll just have to keep working with Norwegian Air, and keep your fingers crossed they don't file for bankruptcy. 


These are special circumstances. There are  laws that require the airlines to refund a flight if cancelled by them, regardless. But, Covid-19 has added another layer.

 

https://www.google.com/amp/s/www.forbes.com/sites/davekeating/2020/04/06/airlines-must-issue-coronavirus-cancellation-refunds-says-eu/amp/

 

https://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_en.htm#cancellation

 

Covid-19 is not a valid excuse under "extraordinary circumstances" because airlines are deemed essential and they can continue flying as needed. If the airline chooses to reduce flights, that's on them.

 

 

    
Message 11 of 13
Brian_Earl_Spilner
Credit Mentor

Re: Is a chargeback reasonable?


@SBR249 wrote:

@DaveInAZ wrote:

@Anonymous wrote:

I bought plane tickets (about $850) from Norwegian Air in December on my Amex (Cash Magnet) card, and have paid it off since then.


Too late. You have 60 days to dispute a credit card charge, per the Fair Credit Billing Act of 1974. The 60 days starts from the day the statement containing the erroneous charge was mailed to you or made available online. And especially since you've already paid for the charge Amex is not going to be sympathetic. You'll just have to keep working with Norwegian Air, and keep your fingers crossed they don't file for bankruptcy. 


I believe AmEx's policy doesn't have the 60 day limit. They allow you to file a chargeback any time. Of course, given that it has no legal backing, this policy could be changed at any time by AmEx. 

 

However, you do raise a valid point in that even though CC companies don't do this very often, technically, there is legal precedent for denial of chargeback if you've already paid off the balance. (See Hasan vs. AmEx and Hasan vs. Chase Bank) But I'd like to think that AmEx would treat canceled airline tickets worth $850 in the middle of a pandemic differently than a few million dollars' worth of undelivered wine. 

 

Edit: I couldn't find any time limits on the consumer side of AmEx's website, but their merchant website apparently has language that limits the dispute window to 120 day from date of transaction. Although there is a notation that disputes for goods/services not received may have a longer window.

 

https://www.americanexpress.com/us/merchant/manage-disputes.html


As I stated earlier, amex is denying refunds and chargebacks for airlines that are part of the Skyteam Alliance. Doesn't apply to the OP, but something to be mindful of.

 

https://milestomemories.com/air-france-amex-refuses-chargeback/

    
Message 12 of 13
FlaDude
Valued Contributor

Re: Is a chargeback reasonable?


@flyingmd wrote:

If they were non refundable tickets, doesnt matter that the flights were cancelled. The fine print protects them in war, natural disaster, etc. They will issue a credit to be ised on another flight whocu is your best bet. I suspect in the end, you will loose the chargeback case. 
If they were refundable tickets, then the airline would issue a refund.


Under US DOT and similar European laws, airlines have to provide a refund for cancelled flights. Many of them are trying to wiggle out of it, pushing airline credit instead, but legally, a customer should be able get a refund.

https://www.transportation.gov/individuals/aviation-consumer-protection/refunds

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AoOA: closed: 40 years, open: 30 years; AAoA: 14 years
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Message 13 of 13
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