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Date Published: 31/08/2022

Alicante court orders airline to reimburse passenger for cancelled flight due to Covid

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The traveller from El Campello, Alicante province, was due to fly with Thai Airways at the height of the pandemic

Alicante court orders airline to reimburse passenger for cancelled flight due to Covid

A holidaymaker from El Campello whose flight with Thai Airways to Bangkok was cancelled due to Covid is to be reimbursed more than 600 euros following an Alicante court ruling.

The woman had repeatedly tried unsuccessfully to get her money back from the airline after her return flight was grounded due to the global health crisis in April 2020, and was finally forced to take her case to court.

The ruling, which also obliges the company to pay all fees and court costs, argues that "failing to compensate passengers without just cause is an abuse of the judicial system and reckless and bad faith conduct".

According to data provided by the platform reclamador.es, the Alicante passenger had planned to fly from London to Bangkok on a return flight that cost 611.11 euros. When the trip was cancelled and when the aggrieved passenger got nowhere with Thai Airways, she contacted the aforementioned platform for assistance in reclaiming the ticket costs.

However, according to reclamador.es, the airline refused to reach an agreement or refund the amount of the ticket, despite being legally obliged to do so. The company also failed to offer a voucher to be used within one year of the end of the state of emergency as many other airlines have done.

Also read: Norwegian Airlines to expand its Alicante base with more routes and aircraft

After exhausting other alternatives, the passenger resorted to Commercial Court number 1 of Alicante, which ordered the airline to reimburse the full amount of the ticket along with interest.

The ruling read: "The airline has a legal duty to respond to requests for compensation or restitution made by transport users within the regulatory framework defined in this resolution.

"Not to proceed with compensation or restitution without just cause, causing the user to have to resort to the courts without offering legitimate reasons.....constitutes an abuse of the judicial system and, in short, conduct that can only be described as bad faith and reckless".

Reclamador.es lawyer Jorge Ramos said the platform is "very happy about rulings like this because airlines have a more privileged position than passengers, who are often defenceless".

"With rulings like this their rights can be protected," he added.

He went on to stress that airlines have a duty to refund unused tickets during the pandemic and encouraged anybody who was affected in the same way to request a reimbursement.

"On many occasions, passengers are forced to sue for very small amounts, which discourages them because it can become unprofitable financially. However, we must encourage all passengers who were affected by this circumstance, or any other, to make a claim," advised Ramos.

Now read: Ryanair launches 21 new UK routes, including flights to Spain

Image: Wikipedia

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