InterContinental Hong Kong hotel closes, to re-open as a Regent hotel in 2022

Lady London says:

Nope
Very important @Blindman
A voucher cannot be given without the customers explicit agreement.
Customer has full right under eu261 to get his cash fully refunded.
Any airline taken to court must give cash back. Despite airlines currently stating “policies” that offer only a voucher these are illegal and the airline will lose in court. Some governments even appear to be supporting their own airlines in this. They can’t because EU law giving the refund supersedes any local country’s law.

As well as the right to a refund, under ec261 customer can also choose a reasonably close in time reroute. They also have a right to choose to reroute IE be rebooked, to a later date for the same travel, that suits them.

In the case of any cheap ticket to Australia you will not get the opportunity again, any voucher is highly unlikely not to cover the cost of a replacement ticket,so h*** yes I would I n s I s t on my right to reroute on a much later date of my choosing. You would also retain all these rights on the new date ticket if things were changed again for any reason on their side.

It’s a no brainer to insist on reroute. Not voucher for sure, which you do not have to accept. And refund, in this particular case of highly desirable never-find-this-price-again travel, is defo better than voucher but not by much.

Insist on your right to choose a later date a d have them reticket you.
If you choose reroute and your airline says they don’t have any flights, any seats or any award seats on your chosen future date (be a little bit flexible if your play is to demand your right to same travel future date)then EU261 requires that they ticket you on somebody else and doesn’t have to be one of their preferred “partners”. Qatar is still flying if your airline is trying to weasel out of giving you your rights

I am really surprised people are falling for these tricks by the airlines. Our few rights were hard won and even in peacetime the airlines regularly have devious strategies to try not to give what is due. They also try at every point to have the law amended to remove consumer protection

So for sure refund not voucher, but your right to choose to travel on a later date without being subject to any increased cost, surely is more protective and useful here.

Lady London says:

Practically
1. Do what @Harry T says. Ask nicely. Keep a record of the call. Date, time, who you spoke to. Recording it might help. The airlines record all calls too, but it is amazing how many recordings are “lost” if required for court evidence.

2. If they still say no either record your reasonable efforts or to make sure ask is this your final answer. I would absolutely have quoted my ec261/2004 rights to them by this time. A No answer would be their admission that they are breaking the law.

3. If you paid on credit card once the above is done then if a uk credit card you have Section 75 rights (s.75). These mean credit card is jointly responsible for providing what you purchased, and also jointly responsible for a y legal rights you have connected with that purchase.

So if you want a refund and airline wont give it to you or travel agent is not paying it over then you can call credit card co and request them to
refund you under s.75

Credit card co is also responsible for consequential losses under s.75.

If you want your right under EC 261 to travel on a later date that suits you then the credit card is also jointly responsible for providing you that ticket without any increased cost (regardless of what that ticket might cost).

4. If you paid on charge card (not credit card) then most cards also participate in chargeback. A chargeback gives you your money back because you did not get.whatyou purchased. It’s a favour done you by the card companies and not legally required as s.75 is. So if you paid by credit card you could claim chargeback but s75 is much more powerful. If you paid by charge card you only have chargeback.

If ticket was paid by any Amex card then normally you would have no problem as Amex takes care of it, and has the reputation of sorting these things out since forever as part of their service, so unlikely you’d have to get technical like above.

5. Insurance may cover you – check your terms on the date you purchased or renewed

6. Last resort sue them for refund or cost of replacement ticket. You probably don’t have to go this far down the list.

Charlieface says:

Personally I would claim a refund in cash, and not mention the voucher received, hoping they wouldn’t cancel it. I would say it served them right