Volaris airlines allegedly cancelled all flights to the U.S. from Mexico but failed to refund consumers.

Volaris class action lawsuit has been filed against the Mexican airline by passengers who claim that their flights were cancelled due to the coronavirus outbreak but they were not provide a refund and are even required to pay a penalty in order to rebook their flight.

Samantha Levey says that Volaris canceled many flights to Mexico from the United States because of the spread of the coronavirus pandemic, even though the restriction on travel did not apply to any air travel.

Levey states that, when the airline canceled these flights, they did not provide refunds to passengers who requested them despite a customer contract and the Department of Transportation (DOT) recommendations that airlines should refund consumers.

Did you have airline travel tickets that were canceled because of the coronavirus? Get legal help here.

Volaris is an ultra-low-cost airline that offers travel to and from Mexico and operates 394 daily flights to 40 cities in Mexico and 26 cities in the United States and South America, according to the Volaris class action lawsuit.

On June 21, 2019, Levey claims that she purchased a round trip ticket from Chicago to Silao, Guanajuato, Mexico for $636.57. She says that she was supposed to depart from Chicago’s Midway Airport on March 20, 2020 and return on March 24, 2020.

Levey alleges that she purchased an airline ticket on Volaris so that she could travel to Mexico during the late winter and early spring when travel fares are the most expensive.

On March 20, Volaris reportedly canceled her flights without any notice or explanation. Levey notes that there has not been a ban on air travel to and from Mexico due to the coronavirus. The only travel that is being banned is non-essential ground travel along the United States and Mexico border in order to prevent the spread of the coronavirus.

Despite knowing this, Volaris canceled flights from the United States to Mexico without providing a refund to passengers and making them pay a penalty in order to rebook their flights, Levey maintains.

Even after numerous attempts to contact the airline by phone and email, Volaris allegedly refused to offer Levey a refund for her $636.57 ticket price. Even though she requested a refund for the canceled flight, Volaris reportedly offered to provide credit towards future travel within the next 30 days.

Levey could not change her schedule and demanded that the airline provide her with a full refund, to which the airline refused. After that exchange, Volaris offered Levey a credit for $404.45, under the condition that she utilize the credit towards another Volaris flight for travel between April 6, 2020, and July 5, 2020.

Although cancelled flights are good for public health, Volaris consumers argue that they deserve refunds.

If she refused or did not reschedule within that time frame, she would lose all of the money that she paid towards the trip, the Volaris class action lawsuit states.

The Volaris class action lawsuit notes that flight disruptions outside of the control of the airlines, such as the coronavirus pandemic, does not preclude airlines from providing refunds to passengers. Levey points to DOT guidance to support her point.

On April 3, 2020, the DOT sent out an enforcement notice which recommended that airlines’ should provide a refund to passengers if their flights were canceled or if the carrier makes a significant change to the flight schedule and the passenger requests a refund, the plaintiff argues.

The Volaris class action alleges that the plaintiff and potential Class Members have been damaged as a result of the defendant’s actions in an amount that will be determined at trial.

“Defendant made deceptive and/or misleading representations regarding the fees that would have deceived an objectively reasonable person into believing they were legitimate,” the Volaris class action lawsuit says.

The Volaris class action lawsuit maintains that there are numerous questions of law that are common to Class Members, including: 1) whether Volaris’ cancelation of the flights without a refund constitutes a breach of contract; 2) whether Volaris’ contract with passengers permits the cancelation of flights without a refund and if these actions are unconscionable; 3) whether Volaris’ cancelation of the plaintiff’s flights was outside of the their control or through no fault of the plaintiff; and 4) whether the current COVID-19 pandemic is an act of God which would entitle the plaintiff and the class to a refund.

Prospective Class Members include: “All natural persons domiciled in the United States or its territories who purchased airfare on Volaris airlines for travel between March 20, 2020, and April 20, 2020, […] whose flights were canceled by Volaris and who were not provided a refund of paid fare and/or were required to pay a penalty to rebook their travel.”

The plaintiff is represented by William Sweetnam of Sweetnam LLC.

The Volaris Canceled Flight Class Action Lawsuit is Levey v. Concesionaria Vuela Compania de Aviacion SAPI de CV, et al., Case No. 1:20-cv-02215, in the U.S. District Court for the Northern District of Illinois.

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  • Salvador Marin August 2, 2020

    Can you guys add me to lawsuit as well? The same thing happened to me.

  • Batel Ouda June 19, 2020

    Gloria is refusing to give me my money back after they canceled my flight back and forth from Mexico City to lax and vise versa. Worst airline ever and regret using them. They are refusing to give me my money back that is against the law. Please add me to this lawsuit.

  • Hilda Prado May 18, 2020

    Same here. Hotel canceled because they are closed due to Covid and Volaris wants me to reschedule and of course pay additional money because the dates next year are not the same price as I paid. I have no control if I will be able to travel again soon due to Covid. I will travel until a vaccine is found. What makes Volaris think I know my next travel dates already???? How can I be added to this Law suit?

  • Yesica May 17, 2020

    Same thing happened to my husband flight was cancelled by volaris and I called varies times no luck I finally spoke to one representative and told me I was going to get refund back but no luck haven’t seen any refund yet add me too

  • Manuel Rangel May 14, 2020

    They moved my trip 2 days after I was supposed to leave. How can they decide when you’re going to leave and come back. They told me that they will email me with options it doesn’t look good for me to get a refund

  • Carolina Lattimore May 6, 2020

    Please add me to the law sue.how can I change a date when I don’t know when El Salvador it’s going to let people in my flight was from lax to El Salvador.I called trying to find out a solution they have me waiting for 54 minutes just to hang up on me .

  • Pedro Carvalho May 6, 2020

    They canceled my flight and are refusing to give me a refund. Volaris is also forcing me to get on a flight that’s 3 days after my original booking, and they keep insisting that my flight wasn’t canceled (How is that possible?). I cant accept a flight that would require me to stay 3 days in the airport, nor do I want a Voucher for future use. I need a refund now! You can sign me in, please!

  • Jorge May 5, 2020

    I had my Hotel and Volaris cancelled. Hotel got refunded but not Volaris.

  • Norberto Fernandez May 3, 2020

    my hotel cancel my reservation due to COvID-19 since they are closing for the rest of the year, called Volaris and they refuse to refund me. They want me to change my flight to a date i dont have since we dont know when we can travel and charge me 600 for flight change. Please add me to the lawsuit

  • Miguel May 2, 2020

    I called them and they want me to pay 500 dllrs to change my flight. They are terrible.

  • Patricia April 23, 2020

    I have tried for o er three weeks to get a refund, please add me.

  • Alejandra Pham April 22, 2020

    Same happened to me. Add me to this lawsuit. They need to not take advantage of people.

  • PETER LIU April 22, 2020

    Add me

  • Stacey April 21, 2020

    I would like to be added as well. My flight was cancelled two days before my scheduled departure date (such a delayed response, considering it’s late April). I was not offered a refund—only a credit that expires in 90 days. None of my emails or Twitter messages were responded to.

  • Meghan April 20, 2020

    I could not go on a trip due to coronavirus. The customer service was awful and nearly impossible to get through to. I could not get a refund or credit for my flight and I lost almost $300. Please add me to this class action lawsuit.

  • Rose April 20, 2020

    The worst experience dealing with this airline…WILL NEVER USE AGAIN. Impossible to get a hold of someone. Please add me to this class action lawsuit

  • Anna Stephens April 19, 2020

    Add me we had plans from TJ to puerto Vallarta March 25- April 1.
    They wouldn’t let us cancel they said to change flight it wanted us to purchase be tickets. We are out 6 tickets that cost 2000 ya dollars.

  • Lily April 18, 2020

    Add me

  • Evangelina April 18, 2020

    I’m in the same boat

    • Evangelina April 18, 2020

      Add me plz

  • Julie Willmore April 17, 2020

    I have flights to travel to Cabo San Lucas in June 6th, 2020 and I am trying to contact Volaris because I don’t feel it will be safe to travel with my family during this time but it is impossible to get a hold of anyone at Volaris and Airbnb

  • Gavy April 15, 2020

    Volaris think they played smart by canceling flights way before there was a travel ban then they stop answering the phone there was no way to comunícate with volaris but now we have them against the wall and are about to pay the consequences

  • Emilia Mejia April 15, 2020

    My Flight was cancelled and did not notify me got my check in notifications and when I arrived to the airport that’s when I found out our flight was cancelled. We Had to purchase different tickets to flight the next morning to Tijuana because Volaris was not cooperating in changing our flight.

  • Cynthia Medina April 14, 2020

    They canceled my flight and refuse to provide refund. Tried to contact them by phone and email, but there is no answer. Add me in

  • Felicia R Reddick April 13, 2020

    add me in

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