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Air China flights have not been refunded to consumers due to an unfair coronavirus policy, a recent class action lawsuit contends.
Plaintiff Maria Diaz argues that Air China flights should have been refunded after they were cancelled due to the global coronavirus pandemic. Despite guidance from the U.S. Department of Transportation (DOT), Air China has allegedly refused to reimburse fliers for cancelled flights.
After the coronavirus outbreak was declared a global pandemic in March, countless airlines reduced their flights and cancelled trips in an attempt to stop the spread of COVID-19. Months later, many airlines remain operating at a reduced capacity – either due to a desire to keep fliers safe or international travel bans.
Between January 2020 and February 2020, when the coronavirus started to affect China, Air China reportedly reduced their seats by 76%. Like many other fliers, Diaz was allegedly scheduled to fly during this time from New York to Beijing and back. However, despite her flight being cancelled, Diaz says she never received a refund by Air China.
Diaz was reportedly scheduled to fly between New York and Beijing in April 2020 after purchasing round trip tickets for nearly $1,300. In February, she allegedly received an email informing her that her flights had been cancelled due to travel restrictions.
In the email alert, Diaz was reportedly told that she would receive a refund in two to 16 weeks. Seven months after this email, Diaz has allegedly received no reimbursement. In fact, after Diaz disputed the Air China flights charges on her credit card, the airline allegedly charged her again for the cost of her tickets.
Diaz notes that several consumers have left negative reviews of Air China flights on Trip Advisor’s website.
One reviewer says that she and her boyfriend were denied more than $1,000 in refunds. The couple’s booking site has allegedly tried to get in contact with Air China to facilitate a refund – but the company dodged these attempts. After months of attempts, Air China responded and told the couple that the money was refunded, but the reviewer says she hasn’t seen any of this refund.
“Very frustrating that I will have to make a dispute through my bank and that AirChina has been non-responsive in these hard times,” the review says. “That money goes a long way for a public school teacher, especially during COVID.”
Another review says that Air China is a “scam” airline which stole his money. This reviewer argues that Air China makes a practice of cancelling consumer flights and pocketing their money with no refunds.
Diaz argues that these actions violate DOT notices released during the pandemic.
In light of the pandemic, the DOT released several notices to U.S. and foreign airlines reminding them that “airlines have an obligation to provide a refund to a ticketed passenger when the carrier cancels or significantly changes the passenger’s flight, and the passenger chooses not to accept an alternative offered by the carrier.”
Similarly, the DOT notes that online travel agencies must provide a “prompt refund” when an airline cancels a flight.
Despite these notices, Air China has allegedly refused to provide full refunds to consumers whose flights have been cancelled.
Diaz argues that Air China’s refund policy – or lack thereof – violates the DOT’s guidance for refund requirements. The plaintiff also claims that Air China flights refunds are required by the company’s own general conditions of carriage.
Air China’s flights agreement states that: “[I]f we cancel a flight . . . we shall offer you the following options . . . we can make a refund in accordance with the provisions of Article 11.2.” This article entitles passengers to a refund “not less than the difference between the fair paid and the fair applicable to the flight segment already used.”
However, Diaz argues that Air China has failed to live up to these promises by denying refunds to consumers.
Diaz seeks to represent a Class of individuals who purchased Air China tickets which were cancelled or were subject to a significant schedule change but were not refunded. On behalf of herself and the proposed Class Members, Diaz seeks disgorgement of ill-gotten profits, monetary damages, interest, court costs, and attorneys’ fees.
Have you booked Air China flights which were later cancelled due to COVID-19? Did the company’s refund policy deny you reimbursement? Share your story in the comment section below.
Diaz and the proposed Class are represented by Andrew J. Obergfell, Max S. Roberts, and Yeremy Krivoshey of Bursor & Fisher PA.
The Air China Flights Refund Policy Class Action Lawsuit is Maria Diaz v. Air China Limited, Case No. 1:20-cv-07555, in the U.S. District Court for the Southern District of New York.
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