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Continued from page 34


carriers Iberia and Vueling. Unite national officer for


aviation Oliver Richardson said: “It’s concerning that IAG is not seeking a similar solution for BA. This is designed to boost profits and try to force other operators out of the UK aviation sector.” Union leaders fear remaining


BA workers will be forced into accepting the equivalent of zero-hour contracts that could be ripped up in the event of turbulence in future, according to reports in the national press. The threatened job losses


come despite BA furloughing almost 23,000 employees. In a letter to staff, BA chief


executive Alex Cruz wrote: “There is no government bailout standing by for BA and we cannot expect the taxpayer to offset salaries indefinitely. We have to reshape our airline . . . not just to address the Covid-19 pandemic but to withstand any longer-term reductions in customer demand.” IAG reported a first-quarter


operating loss of €535 million, plus an exceptional charge of €1.3 billion due to “the ineffectiveness of its fuel and currency hedging”, and warned: “Recovery of demand to 2019 levels will take several years.” Lufthansa is considering filing


for protection from creditors in Germany where it is seeking up to €9 billion in government aid. Lufthansa Group carrier Swiss was granted a CHF1.5 billion (€1.4 billion) support package by the Swiss government. Virgin Atlantic continues to


battle to secure new funding with the aid of US investment bank Houlihan Lokey. The carrier has denied it needs a bailout by the


end of May to survive. i Virgin Atlantic job cuts, page 6


Travlaw reports ‘success’ at disputing chargebacks


Ian Taylor


Travel law specialist Travlaw reports “a good success rate” in challenging card chargebacks against travel agents. Lawyer Krystene Bousfield, who


heads the Travlaw team dealing with chargebacks, said: “There are a lot of chargebacks – and not Section 75 claims, just chargebacks.” Travel agents are not legally liable


for Section 75 claims for refunds on credit card payments, brought under the Consumer Credit Act, so these can be challenged unless an agent has acted as a travel organiser. But chargebacks on credit and debit cards are made at the discretion of the card issuer and bypass this legal defence. Bousfield said: “We’re issuing clients


with dispute letters and precedent letters and seeing quite a good success rate. The industry has to fight chargebacks. If you don’t dispute them they will be granted automatically.”


Norwegian wins backing for debt swap rescue plan


Norwegian Air won the support of shareholders owning 95% of equity for a debt-for-equity swap that will see the airline fall into the hands of its aircraft lessors and bondholders. The carrier also reported


support from “a significant number of lessors” to converting their debt to shares in the airline and announced the agreement of


32 7 MAY 2020


Krystene Bousfield


Issuing a Refund Credit Note to


a consumer and attaching evidence of this to a dispute letter when challenging a chargeback can help. Bousfield recommends issuing a


Refund Credit Note “in any event”, regardless of whether a consumer accepts it. She said: “A Refund Credit Note means a refund will be


issued. We can argue a refund has been given and will be paid at a later date. Mastercard and Visa have said they are open to this. If you attach something to the dispute letter as evidence [it helps].” Asked whether chargebacks


depend on the card-issuing bank, Bousfield said: “One million percent – some are a lot more understanding.” But she argued: “Banks and mer-


chant providers are not the courts. This should come down to points of law, to Foreign Office advice, to the Package Travel Regulations. Consumers should not be just going to their cards for chargebacks.” She advises agents: “Keep the


dispute letter short and to the point and add supporting documents like the Refund Credit Note.” Her colleague Matt Gatenby,


Travlaw senior partner, said: “Everyone should be challenging chargebacks. The industry does not have much choice. We feel we’re doing better than normal in fighting them.”


bondholders to a debt-for-equity deal that should erase NOK10 billion (£775 million) in debt. Together the agreements should


allow Norwegian to access NOK3 billion (£240 million) in state aid from the Norwegian government. The carrier warned last week it


would run out of cash by mid-May unless creditors and shareholders approved its escape plan. The deals will leave aircraft


leasing companies owning 53% of the airline and bondholders owning 42%, with shareholders holding just over 5% before a new rights issue. The rescue should be signed off


on May 18. However, the bailout leaves the carrier still heavily in debt. Norwegian warned last week


that most of its fleet would remain grounded for at least a year and said its fleet would be cut by about one third once the crisis is over.


travelweekly.co.uk


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