Air Asia want their money back.

Bitte_Kein_Lexus · Post by **Bitte_Kein_Lexus** » Wed Jun 03, 2020 2:50 pm

Move your money to a different account if needed, and cancel your card if MC start playing dumb. They can't just hold onto your money for months on end if they didn't provide you with said service. You might need the money now as well. Too bad for them.

Post by **Freightdog** » Wed Jun 03, 2020 2:52 pm

Did AirAsia refund the money? Or did the bank cover the refund under its guarantees and obligations?

I suspect that the bank or MasterCard were obliged to refund you (the customer) after following their dispute guidelines, and then seek the funds from AirAsia. Now, MasterCard are probably having a hard time getting the funds from AirAsia, and may be putting the pressure on you while making it appear that it’s AirAsia doing so.
Different countries each have varying laws on the matter, but from personal experience of dealing with online purchases in the U.K., that have gone awry, the bank or credit institution (Visa/MasterCard etc) are ultimately responsible for protecting your rights, and honouring the debt to you.

My guess is that AirAsia (and many other outfits) have their teams of legal help fighting off all claims vigorously, and the financial institutions likewise. The banking crisis a decade or so ago revealed quite a lot of fragility in bits of the banking system. The worldwide situation now is going to reveal how well some of those lessons were learnt.

armchairlawyer · Post by **armchairlawyer** » Wed Jun 03, 2020 2:54 pm

OP, if you post the specific T&Cs relating to cancellation of the flights by the airline, I'd be happy to comment as best I can. If you have many differernt tickets, it is possible they have different T&Cs as air asia is not just one company. Also need to know the governing law of each contract, there should be a short clause specifying that. And post anything comment that your bank made when they granted you the refund (e.g. that it was subject to a later redebit after investigation).
I cannot find any generic right in Australian law that grants you the right to a refund, https://www.accc.gov.au/consumers/healt ... cellations
BTW, I think it will be your bank (or credit card issuer) that will reclaim the money from you, not Mastercard. The latter is just a processing agent.

Kung-fu Hillbilly · Post by **Kung-fu Hillbilly** » Wed Jun 03, 2020 3:03 pm

armchairlawyer wrote: ↑Wed Jun 03, 2020 2:54 pm OP, if you post the specific T&Cs relating to cancellation of the flights by the airline, I'd be happy to comment as best I can. If you have many differernt tickets, it is possible they have different T&Cs as air asia is not just one company. Also need to know the governing law of each contract, there should be a short clause specifying that. And post anything comment that your bank made when they granted you the refund (e.g. that it was subject to a later redebit after investigation).
I cannot find any generic right in Australian law that grants you the right to a refund, https://www.accc.gov.au/consumers/healt ... cellations
BTW, I think it will be your bank (or credit card issuer) that will reclaim the money from you, not Mastercard. The latter is just a processing agent.

After I received the refund in full I understood the case to be closed and deleted all correspondence in relation to the matter, including tickets. Thanks for the offer of assistance.

AirAsia are challenging Mastercard as it was explained to me by the person from my bank overseeing the new dispute.

phuketrichard · Post by **phuketrichard** » Wed Jun 03, 2020 3:16 pm

Kung-fu Hillbilly wrote: ↑Wed Jun 03, 2020 2:34 pm Mastercard can remove the funds at their discretion if they uphold the vendor's claim. I can't stop it, apparently.

How can MC remove funds from your bank?

I cant see that happening, yea they could reverse charge you an you would have a $1,000 debt, but they cant access ur bank account

explorer · Post by **explorer** » Wed Jun 03, 2020 3:40 pm

Under Australian consumer law, if the flights you were booked on, were cancelled, you are entitled to a full refund.

If you did not buy them in Australia, I don't know if Australian law applies.

If they do give you a refund it will take many months.

Air Asia definitely do the wrong thing by people in Countries where they can get away with it.

If you talk to staff at Air Asia, you can't have a logical conversation. They just keep avoiding the issue. It is easy to buy tickets, but you can't resolve a dispute.

Kammekor · Post by **Kammekor** » Wed Jun 03, 2020 3:47 pm

explorer wrote: ↑Wed Jun 03, 2020 3:40 pm Under Australian consumer law, if the flights you were booked on, were cancelled, you are entitled to a full refund.

If you did not buy them in Australia, I don't know if Australian law applies.

If they do give you a refund it will take many months.

Air Asia definitely do the wrong thing by people in Countries where they can get away with it.

If you talk to staff at Air Asia, you can't have a logical conversation. They just keep avoiding the issue. It is easy to buy tickets, but you can't resolve a dispute.

I think for Air Asia Malaysian law applies because that's where they are based.

But... It is possible their are Australian laws in place for flight departing from- or flying to Australia. That's the case in the EU for instance. But I guess not all flight originate / end in Australia.

Kung-fu Hillbilly · Post by **Kung-fu Hillbilly** » Wed Jun 03, 2020 4:31 pm

explorer wrote: ↑Wed Jun 03, 2020 3:40 pm
If you did not buy them in Australia, I don't know if Australian law applies.

I considered this, however as the card is attached to an Australian bank with the transaction conducted through that bank, I'd have thought it comes under Australian law.

explorer · Post by **explorer** » Wed Jun 03, 2020 5:14 pm

Kung-fu Hillbilly wrote: ↑Wed Jun 03, 2020 4:31 pm I considered this, however as the card is attached to an Australian bank with the transaction conducted through that bank, I'd have thought it comes under Australian law.

I don't know the law in this situation. You could ring up ACCC or whoever, and ask them.

explorer · Post by **explorer** » Wed Jun 03, 2020 5:17 pm

Kammekor wrote: ↑Wed Jun 03, 2020 3:47 pm I think for Air Asia Malaysian law applies because that's where they are based.

Flights booked in Australia do come under Australian law, even for foreign companies operating in Australia.

Air Asia want their money back.

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