Spirit Airlines Class Action Claims Ticket Holders Were Refused Refunds

A Spirit customer has filed a class action lawsuit against the airline over claims that consumers should receive refunds for trips canceled due to the coronavirus.

The Spirit refund class action lawsuit was filed by Massachusetts resident Edward L. Manchur who says he purchased plane tickets from Spirit before the coronavirus cancelations began.

However, his flight was allegedly canceled and rescheduled to a time that he could not fly, as Spirit began to grapple with the effects of the pandemic. Manchur says he was denied a refund when he asked for one, and instead was offered a voucher subject to expiration. 

According to Manchur, on March 4, 2020, he purchased two tickets on a Spirit Airlines flight scheduled to fly on April 9, 2020 from Boston to Fort Meyers, Fla.

However, he received an email before his trip alerting him that the April 9 trip had been canceled. In the email, Spirit informed Manchur and his travel companion that they had been rebooked to an earlier flight, on April 7. 

The plaintiff says that he could not travel on April 7, as prior commitments prohibited him from doing so. He reportedly informed the airline of this, and requested a refund for the cost of the tickets. However, he was allegedly denied a refund and was instead offered a voucher for future travel with Spirit.

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According to the Spirit cancelations refund class action lawsuit, Manchur paid $224.78 for his tickets and made the purchase with the understanding that if his flight was canceled or rebooked, Spirit would give him a refund. 

The airline COVID-19 cancelations class action lawsuit claims that Manchur was injured by Spirit’s conduct because had he known that he would not receive a refund, he would not have purchased the tickets or would not have paid as much as he did for them. 

The coronavirus travel cancelations class action lawsuit states that Spirit misled Manchur and many other customers by failing to offer refunds.

Allegedly, Spirit’s own Contract of Carriage requires that the airline provide refunds, not credits, if the airline cancels a passenger’s flight without rebooking the passenger or when the airline books the passenger on a different flight other than the next “flight on which seats are available to the guest’s original destination.” 

Manchur stresses that the flight to which he and his travel companion were moved was not the next flight, but an earlier one. He stresses the fact that because the flight was earlier than scheduled it was impossible for him to take advantage of the flight.

Similarly, Manchur notes that the Department of Transportation informs consumers that they have the right to a refund if their flight is canceled, as well as a refund for other costs associated with their tickets, such as the costs of baggage.

In light of the coronavirus cancelations, the Department of Transportation re-emphasized that airlines such as Spirit are required to offer refunds for canceled tickets, and must do so promptly, even during the coronavirus.

Allegedly, in this notice to airlines, the DOT did note that a failure to provide refunds on a prompt schedule could “subject the carrier to an enforcement action.”

The Spirit refund voucher class action lawsuit says that the coronavirus pandemic has taken a profound toll on the airline industry, forcing airlines to cancel most of their flights in an effort to help slow the spread of the virus. This combined with an allegedly far lower demand for flights, has led to a decrease in profits, says Manchur.

The plaintiff goes on to assert that in an effort to somewhat protect itself from the extreme economic losses that come from the pandemic, the airline took several steps to avoid giving refunds to its passengers.

In Manchur’s eyes, the company is trying to pass off the costs of the pandemic onto customers. 

Manchur seeks refunds on behalf of himself and all other similarly affected customers who had flights scheduled and were denied refunds between March 1, 2020 and when a Class of consumers might be certified, arguing that Spirit Airlines has both a legal and moral responsibility to its customers. 

Manchur is represented by Michael A. Borrelli. 

The Spirit Airlines COVID-19 Flight Cancelations Class Action Lawsuit is Edward L. Manchur v. Spirit Airlines Inc., Case No. 1:20-cv-10771-LTS, in the U.S. District Court for the District of Massachusetts.

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