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Home » Reader Submission » Airlines must refund tickets sold by D-travel (readers' submission)
Airlines must refund tickets sold by D-travel (readers' submission)
Posted in Reader Submission, Flight tickets
Tags: D-trips, Refund, flight tickets
(Joop Hoek / Shutterstock.com)
Good news for people who are still waiting for their tickets to be refunded by D-travel. The ILT has obliged the relevant airlines to reimburse them.
Airlines that do not want to refund canceled tickets to affected passengers, who had booked through D-travel, which has since gone bankrupt, will be fined and fined. They refused because, in their own words, they have already refunded the tickets to D-travel. According to the European Passenger Rights Regulation, passengers are entitled to a refund or rebooking if airlines cancel a flight. Even if that ticket was purchased through a travel agent or intermediary.
See the link to Transport Online: https://www.transport-online.nl/site/140213/ruim-40000-euro-boete-en-last-onder-dwangsom-voor-klm-na-niet-terugbetalen-geannuleerde-tickets-d-reizen/
Submitted by JosM
KLM is going to court, I understand. I wouldn't be surprised if he comes to a different conclusion. The travelers in question have themselves chosen to do business with D-reizen, and not with KLM. The ticket was purchased by D-reizen from – and paid to – KLM. So it is not surprising that the repayment via D-trips has also expired, and then a second payment would now have to be made because at D-trips that money is hidden? I can well imagine that KLM considers this to be extremely unreasonable. Unfortunately, the relevant EU Regulation 261/2004 provides little clarity about the position of the 'intermediary trade', but that also means that there is room for interpretation for the court.
There was a bit of a smell to that bankruptcy…. Some executives have filled their pockets; https://www.nu.nl/economie/6149727/nieuwe-rechtszaak-in-de-maak-tegen-oud-eigenaren-failliet-d-reizen.html
In the past I have also booked tickets with D travel. Now they have started again. But how D travel have treated the people by not paying them back the money. I will never book anything with them again. No more trust in their.
Go back 2 years when my flight BKK-AMS was canceled by KLM early April 2020. A few days later a flight was scheduled for which I had to pay again! The return was an agony; KLM referred me to the agent, who in turn referred me to KLM. After half a year, I called in a collection agency. Money back within a few days, but with a deduction of approximately € 200 as commission. Got a bitter taste to it. KLM may experience the D-travel situation as extremely unreasonable, but that was also the case with KLM at the time.
I don't expect airlines to have to pay a 2x (if they have already demonstrably reimbursed D-trips). Because that could have major consequences in many future bankruptcies of intermediaries. No matter how annoying…
Quote: According to the European Passenger Rights Regulation, passengers are entitled to a refund or rebooking if airlines cancel a flight. Even if that ticket was purchased through a travel agent or intermediary.
It does not say here that the airline must hand over that money to the passenger.
Only that the passenger is entitled to a refund.
That refund went to the travel agency, where the money came from.
However, that passenger has entered into an agreement with a travel agency and the travel agency with the airline.
If the judge says the money has to be paid again, it should be the amount the airline received from the travel agency.
The rest of the money is then a payment for the services rendered by the travel agency.
You will probably not get that money back as a passenger, because the travel agency has provided its services.
At most, you can sue the travel agency for fraud because they kept the money they received back from the airline in their pocket.
That seems to me to be pure theft and a task for the government to arrest those responsible.
I can understand that the airlines, just like the customers of D-trips, now feel screwed by D-trips. But they also have themselves to blame for this situation by incorrectly referring (Article 8 of EU Regulation 261/2004) back to the ticket brokers for reimbursement of tickets. If they had reimbursed their ticket holders themselves, they would not have been confronted with this misery, just like the customers of D-reizen.
https://eur-lex.europa.eu/resource.html?uri=cellar:439cd3a7-fd3c-4da7-8bf4-b0f60600c1d6.0004.02/DOC_1&format=PDF
Article 8.
This Regulation should not restrict the rights of the operating air carrier to seek compensation from any
person, including third parties, in accordance with the law applicable.
Translation:
This Regulation should not limit the rights of the operating air carrier to seek damages from any person, including third parties, in accordance with applicable law.
This article seems to be about the airline's rights, not the customer's.
An interesting point remains the relationship between the customer, the travel agency and the airline.
Is the travel agent a customer of the airline and the traveler a customer of the travel agency, or is the travel agent solely an intermediary and the traveler a customer of the airline?
If you compare it with AH, as a customer of AH you should get your money from AH if your product is not good, and not from the manufacturer.
If the travel agency is the customer of the airline, then the travel agency has rightly received that money, and the customer should get their money from the travel agency.
Given the fact – as I understand it, that changes to a flight often have to be done through the travel agency – it makes sense that the traveler is a customer of the travel agency and not of the airline.
After all, if the traveler is the customer, should he be able to change his flight himself?
You quoted the wrong text ruud. You should not read (8) of the introduction with the opening clauses, but …
“Article 8
Right to reimbursement or rerouting
1. Where reference is made to this Article, passengers shall be offered the choice between:
(a) — reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant,
— a return flight to the first point of departure, at the earliest opportunity;
(b) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; or
(c) re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats.
2. Paragraph 1(a) shall also apply to passengers whose flights form part of a package, except for the right to reimbursement where such rights arise under Directive 90/314/EEC.
3. When, in the case where a town, city or region is served by several airports, an operating air carrier offers a passenger a flight to an airport alternative to that for which the booking was made, the operating air carrier shall bear the cost or transferring the passenger from that alternative airport either to that for which the booking was made, or to another close-by destination agreed with the passenger.”
https://eur-lex.europa.eu/resource.html?uri=cellar:439cd3a7-fd3c-4da7-8bf4-b0f60600c1d6.0004.02/DOC_1&format=PDF
Furthermore, this link might be useful to read all the way through. Do you remember Cornelius?
https://www.thailandblog.nl/lezersvraag/thailand-vraag-vlucht-eva-air-geannuleerd-en-refund/
The question is whether referring to the 'intermediaries', as you neatly call the ticket hunters, is unjustified. Intermediaries receive a margin, in exchange for which they take certain matters/actions off the airline's hands. The financial transaction has taken place between the airline and the broker, and the reversal of that transaction should also take place between those parties involved.
If I buy a car and pay for it, but the dealer doesn't deliver for some reason, it's not the manufacturer that has to give me my money back, is it?
touts? According to Van Dale, haggling is 'conducting inferior, irregular or deceptive trade' and I am not familiar with that profession, although there may be a few bad apples in the basket, but where isn't that?
They provide help with something that is difficult for many people and if I need that help I look for such a mediator. Cornelis seems to be waging a one-man war here against the bona fide intermediaries. He must have had a bad experience and is now tarring the entire profession with the same brush.
I have been doing business with an intermediary for thirty years and have never experienced a problem.
As far as the subject is concerned, I eagerly await the verdict on appeal. If ILT's judgment stands, prices will go up and consumers can pay extra.
Erik, if I had first consulted Van Dale's definition and taken it as a guideline, I would indeed not have used the qualification in question.
No, I am not waging war against the ticket sellers and I also understand very well that a good travel agency has added value in certain cases. But when it comes to booking a plane ticket online, I don't see the added value of an intermediary at all.
D-travel has continued cheerfully. Our trip booked with Expedia was canceled but also refunded by Expedia. We no longer book with Expedia because you are redirected to E-Dreams.
So watch out who are in Spain and many disappointed customers who get no response.
Don't think it's right that KLM has to pay again.
I keep wondering why tickets are bought from intermediaries instead of directly from the airline. 'Under the line' is usually seldom really cheaper, and as a customer you are generally in a worse position in the event of changes, etc. Than the person who booked directly. All the vicissitudes arising from the Civid pandemic have strongly emphasized this.
My motto: Always book directly with the airline and always pay with a credit card. This way you always have the best options for changes or getting your money back in the event of cancellation.
It's all a lot of hassle when an intermediary/travel agency gets into trouble.
I have been booking directly with the company for years, and pay by credit card so that the booking is covered by the insurance of the credit card.
in 2020 my ticket was canceled at Thai Airways, had various correspondence with Thai Airways but no result.
File prepared and sent to the credit card provider, the flight falls under services not provided (insurance) and was refunded within 14 days by the credit card company.
So my advice book direct.
As I once heard on TV in the program KASSA or RADAR, D-reizen still had an airline ticket agency that had contacts with the airlines and received the money from the bookings and did not transfer the refunded money to D- travel agencies, but the money was in the possession of D-travel and a lot of money was stuck there or refused to pay out.