Steven Cohen  |  April 22, 2020

Category: Covid-19

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hawaiian airlines cancelled flights to Maui

Hawaiian Airlines has been hit with a class action lawsuit by a passenger who claims that the airline did not provide a full refund to customers whose flights were cancelled due to the coronavirus.

Plaintiff Nataly Alvarez says Hawaiian Air has cancelled most of their international and domestic flights, however, to this day has refused to provide a full refund to ticket holders.

Alvarez states that on March 4, 2020, she purchased three tickets directly from Hawaiian Airlines for a flight from Los Angeles to Maui, which was scheduled for April 14, 2020. She claims that she paid approximately $149 for each ticket, for a total of $447. 

However, the flight was cancelled because of the coronavirus outbreak. Alvarez says she submitted a request for a refund, but never heard back from the airline.

On April 2, 2020, the plaintiff claimed that she attempted to call Hawaiian Airlines to request a refund, but she received no response.

Did you book a flight that was cancelled due to the coronavirus and were refused a refund? Get legal help here.

Alvarez states that she has spent hours on the phone attempting to obtain a refund for her cancelled flight, with the same result.

The plaintiff’s father, who was also supposed to be a passenger on the flight, succeeded in getting hold of a customer service representative, but was told that Hawaiian was only issuing credits for flights that were canceled and not refunds, Alvarez maintains.

The Hawaiian Air class action lawsuit states that Alvarez understood that she would be entitled to a refund if her flight was canceled. The plaintiff claims that the defendant deceived her regarding the right to a refund.

If the airline had disclosed that the plaintiff would not be entitled to a refund if the flight was canceled, she would have booked her flight on a different airline or booking company, the plaintiff claims.

airport board that shows all of Hawaiian Airlines cancelled flightsAlvarez points to a United States Department of Transportation (DOT) enforcement notice that states that, due to the outbreak of the coronavirus, airlines are obligated to provide prompt refunds to passengers whose flights were canceled.

“The obligation of airlines to provide refunds, including the ticket price and any optional fee charged for services a passenger is unable to use, does not cease when the flight disruptions are outside of the carrier’s control (e.g., a result of government restrictions),” the Hawaiian Airlines class action lawsuit states.

Hawaiian Airlines is one of the largest airlines in the United States and mainly provides flights between mainland United States and Hawaii, as well as destinations in Asia and the South Pacific. In 2019 alone, Hawaiian Airlines carried more than 11 million passengers.

Alvarez says that the defendant issued a statement in April 2020 that it was reducing its service system-wide by 95 percent through April 2020 with the possibility that there would be similar reductions in May.

The plaintiff claims that she received an email from Hawaiian Airlines cancelling her flight and stated that she could request a refund online. The Hawaiian Air class action lawsuit states that she was told by the defendant that she would receive an email once her refund was processed.

Hawaiian Airlines reportedly represents in its Domestic Contract of Carriage that a passenger is entitled to a refund if the airline cancels their flight.

However, Alvarez says she has not been able to obtain a refund from the airline. She states that the defendant’s actions are in violation of the DOT’s enforcement notice which requires airlines to provide a prompt refund to passengers if the airline cancels a flight.

Hawaiian Airlines does not provide information on how to collect a refund online, Alvarez notes. Customers are told to follow the directions in the email that was sent out. However, the email only links to a form from which the customer can request a refund, the Hawaiian Airlines class action lawsuit states.

The plaintiff claims that the defendant is in violation of California Consumers Legal Remedies Act, California False Advertising Law, California Unfair Competition Law, Hawaii’s Unfair Deceptive Acts or Practices Statute, Hawaii’s Uniform Deceptive Trade Practices Act, and Hawaii’s False Advertising Law.

Alvarez is also bringing claims for unjust enrichment, conversion, fraud, breach of contract, and money had and received.

“As a direct and proximate result of Defendant’s violations, Plaintiff and the California Subclass are entitled to injunctive relief ensuring Defendant promptly issues refunds in accordance with the DOT Enforcement Notice,” the Hawaiian Airlines class action lawsuit goes on to say.

Prospective Class Members include: “All persons in the United States who purchased tickets for travel on a Hawaiian flight scheduled to operate to, from, or within the United States whose flights were cancelled or were subject to a significant schedule change and not refunded.”

The plaintiff is represented by Birney B. Bervar of Bervar & Jones and Yeremey Krivoshey and Andrew J, Obergfell of Bursor & Fisher PA.

The Hawaiian Airlines Refund Class Action Lawsuit is Nataly Alvarez v. Hawaiian Airlines Inc., Case No. 1:20-cv-00175, in the U.S. District Court for the District of Hawaii.

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One thought on Hawaiian Airlines Class Action Says Tickets Should Be Refunded

  1. DICKY SIMPSON says:

    I HAVE 4 TICKETS TO HI.IT WAS APR.4 PLEASE ADD ME

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