Oman Air - waiting, waiting

[nickykim]

With my Scotland workshop/tour cancelled in early March, I went ahead and cancelled my Oman J flights to Manchester and return on 7 March. This was a refundable ticket (less a processing charge of $145). On 11 March Oman acknowledged my cancellation, the amount they would refund and asked me to confirm that it was okay to refund back to the Amex credit card I used to buy the ticket. I confirmed the same day.

Subsequently, Oman have cancelled the flights I would have travelled on (they have cancelled all flights with no service resumption day at present).

Oman are currently refusing to process the refund on the basis that the flight is cancelled and I can only have access to a voucher. The voucher has to be used within 18 months of the original booking date which means I would need to travel prior to 2 Dec 2020. So basically the voucher would be useless - and actually, this is not what has happened to my booking. Oman’s idea of customer service just seems to be an endless loop of Y saying ”send your request to X” and X saying “oh no you need to send your request to Y”. I was aware that they were difficult to deal from reading online reviews before I booked - one of the reasons I booked a refundable ticket. I would be happy to take a voucher if they would let me rebook for this time next year...

I have submitted an Amex (Chubb) travel insurance claim and am receiving the usual run around of being asked to resubmit the documents that were already attached to original claim. Chubb have also stated that they won’t pay out on a claim if the claim is because the airline has cancelled a flight and offered a voucher. In my case this isn’t what has happened - I cancelled well before the flight was cancelled and Oman accepted the cancellation.

My current strategy is to keep going down the road of the travel insurance claim which I am willing to put the time into if necessary via internal review etc as having pro-actively cancelled. I am guessing that because I cancelled, my chance of a charge back are nil.

I suppose this is just a whinge - I update as things develop.

 

[Mattg]

To be honest, I think this is a valid candidate for a credit card chargeback. You were promised a refund, based on the original conditions of your ticket, and the airline has not provided this. The fact that the flight was later cancelled after you already cancelled your ticket should not be relevant.

The recent ACCC advice about businesses not being allowed to retrospectively change the rules may also be relevant here, if you booked in Australia - Australian travel companies must honour refund policies, consumer watchdog says

 

[nickykim]

Thanks for your advice Mattg - I had the conversation with Amex this morning and they are starting the chargeback process. They are happy that I have the email from Oman with the refund $ and will ask me for it if required.

 

[nickykim]

Chubb travel insurance have come back to me today and told me I haven’t waited long enough yet for the refund. Their email doesn’t actually tell me how long is “long enough”, so I have asked them to let me know within 7 days how long “long enough“ is given that it has already been 7 weeks. If the chargeback is unsuccessful, I will pursue the claim and use Chubb’s internal review process to get someone to determine how long is “long enough”.

 

[MEL_Traveller]

Some airlines are saying 8-12 weeks. That's probably the new normal these days.

 

[nickykim]

Will Amex notify my by email if the chargeback is refused? Just logged in and the chargeback was in “resolved”. I haven’t had an email or any other contact from Amex. I just reinitiated it and send the email that I received from Oman Air that confirmed the refund and where it would be paid to....I would have expected some sort of advice from Amex at the time the chargeback was “resolved”.

 

[nickykim]

Chubb Insurance (via Amex) are now saying that if I am offered a voucher in place of the agreed refund I have to accept that as resolution. My understanding is that by offering me a cash refund and me accepting that offer that there is a contract in place for a cash refund. It seems that neither Chubb nor Amex are acknowedging that Oman offered a cash refund and have not processed it. Somewhat ridiculous given that theoretically I am protected twice for the loss. I have asked Oman to confirm they will not be processing the cash refund and if I hear nothing from them by 31 May will progress to an internal review via Chubb Insurance.

 

[Mattg]

FWIW, I would be pursuing this via credit card chargeback (and not travel insurance) for maximum chance of success.

 

[nickykim]

Requested charge back, heard nothing but a week later Amex have reversed the chargeback. I re-iniated the chargeback with additional information (email from Oman offering refund). I have no idea why the chargeback was reversed as Amex haven’t provided me with that information. Amex account says:
“INQUIRY STATUS DETAIL:Your disputed amount previously on hold has been re-applied to your account. You will see this adjustment on your forthcoming statement.”

 

[MEL_Traveller]

Requested charge back, heard nothing but a week later Amex have reversed the chargeback. I re-iniated the chargeback with additional information (email from Oman offering refund). I have no idea why the chargeback was reversed as Amex haven’t provided me with that information.

Amex would reverse the chargeback if the merchant was able to show that they had satisfied the conditions of their agreement with Amex (that is, that the service had been provided, or otherwise compensated as per the contract).

Chargebacks aren't necessarily a replacement for legal action. A card company could reverse a chargeback even though you are later successful in court.

 

[nickykim]

I suppose I will have to ring Amex to find out exactly what evidence Oman Air provided that either I have received the agreed refund or that I (miraculously) took the flight that I no longer had a ticket for.

 

[MEL_Traveller]

I suppose I will have to ring Amex to find out exactly what evidence Oman Air provided that either I have received the agreed refund or that I (miraculously) took the flight that I no longer had a ticket for.

Oman may have provided evidence that your refund is in a queue to be processed but will take 'x' weeks. Or they may have said that they are providing you with a voucher as per their terms and conditions. Amex has either accepted that, or not looked any further. Or decided that they are satisfied, but if you want to take your own independent legal action, that's up to you.

 

[nickykim]

Rang Amex - basically Oman Air lied and told them I had accepted a voucher in substitution of the offered refund. I have now provided Amex with a copy of the accepted refund offer email and my continued rejection of their offer of a voucher.

 

[nickykim]

So this is what Oman Air have sent to travel agents...but they aren’t giving the same information to those who booked direct.

 

[clifford]

So this is what Oman Air have sent to travel agents...but they aren’t giving the same information to those who booked direct.

That's very interesting. I have an Oman Air ticket for flights at the end of June, and I expect I may well be taking the charge back route, even though my ticket is refundable. I don't trust Oman Air at this point in time.

 

[esseeeayeenn]

My understanding is that by offering me a cash refund and me accepting that offer that there is a contract in place for a cash refund.

Without commenting on other aspects of your situation, I don't think it is correct to analyse this exchange as if it were a stand alone contract.
At first glance it looks like it followed the formula of offer and acceptance, but it seems to lack another essential aspect, consideration. You didn't give them anything.
So while there may have been an agreement that you would receive a cash refund, that mere agreement is unlikely to be an enforceable contract.
However the initial contract under which you booked the trip appears to have been on the basis that the fare was refundable subject to a $145 cancellation fee.
That is the contract I would be focusing on enforcing.

 

[MEL_Traveller]

Without commenting on other aspects of your situation, I don't think it is correct to analyse this exchange as if it were a stand alone contract.
At first glance it looks like it followed the formula of offer and acceptance, but it seems to lack another essential aspect, consideration. You didn't give them anything.
So while there may have been an agreement that you would receive a cash refund, that mere agreement is unlikely to be an enforceable contract.
However the initial contract under which you booked the trip appears to have been on the basis that the fare was refundable subject to a $145 cancellation fee.
That is the contract I would be focusing on enforcing.

The conditions of carriage: Conditions of Carriage | Oman Air provide that if Oman Air cancels a flight and cannot offer an alternative, a full refund of the fare is due under 10.2. The force majeure provisions don't appear to cover situations such as Covid.

So the contract is in place, (consideration was made at the time the contract was entered in to), and now a full refund is due by that same contract.

 

[nickykim]

So either
- I have a refundable ticket and Oman can retain their cancellation fee and refund the balance OR
- My ticket wasnt cancelled and Oman should be refunding me under their own terms of carriage as they cancelled the flight

I booked originally in early July 2019, so it doesn’t matter to me if I have to wait until 12 months after I purchased and then try for a refund under the terms they released to the travel agent. The biggest problem is getting anyone to communicate...

 

[nickykim]

Today the chargeback changed from Open to Closed with the $ now permanently against my account the text says “INQUIRY STATUS DETAIL:As a result of our investigation, we have credited your account. This adjustment can be found on your next statement.”

So Mattg - once this credit is on my issued statement, which charity would you prefer I donated to as a ”Thanks for your help”?

 

[clifford]

Today the chargeback changed from Open to Closed with the $ now permanently against my account the text says “INQUIRY STATUS DETAIL:As a result of our investigation, we have credited your account. This adjustment can be found on your next statement.”

That's very good to hear. There may be some hope for me then, when I initiate a chargeback with Amex next month.

BTW, I recently initiated a chargeback with Bankwest for an airline-cancelled flight, KUL-CMB, on Malindo Air. However, Bankwest flatly rejected it, stating "as the Australian Government has imposed travel restrictions and social distancing laws that has seen the cancellation of events, the bank is unable to initiate a chargeback against the merchant at this time under Mastercard/Visa rules as Government regulation and/or law supercedes our dispute rights".

Sounds like nonsense to me, but rather ominous if other Australian banks are also trying this on.