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Can airlines refuse to refund money if my visa is cancelled?


16-May-2023 (In Labour & Service Law)

How can I travel if my VISA is rejected and why would the airline not refund the money in such a case? I took a package worth 1.75 Lakhs for 2 people to Europe from Thomas Cook. They asked me for the documents on 1st April with which they applied for a Visa on 11th April and the trip was on 10th May. The Visa got rejected.

 

Now they say they will deduct Rs. 65000 as the ticket was not refundable and this was signed by me while taking the package. Is this justified?

 

Please help me get my money back.

 

Answers (1)

Answer #1
139 votes

Rejection of VISA is the paramount reason based on which no Airline would 'Not refund' the Air Ticket cost and there is no way whatsoever by which you can use the Air Ticket for the travel. Also, you are not cancelling the ticket on your whims and fancies wherein it would be justified for the Airline not to refund the ticket cost.

You have the option of filing a recovery suit and claiming that the terms of the package were not explained to you or were explained incorrectly and you were told that the tickets shall be booked only once the visa is approved and in pursuance of the same the company had made you sign the papers without reading the terms and conditions. 

As an alternate option, you may file a recovery suit making both, the travel agent as well as the Airline the party to the suit for arbitrarily and fraudulently deducting a huge cost out of the package paid by you when you were not at fault at all.

Lastly, you may even approach the consumer forum and file a compliant against the Travel agent as well as the Airline.

Kindly contact us for any further details and action.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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