Negarse a reembolsar el vuelo cancelado.

Un vuelo que reservé con Booking.com fue cancelado y Booking, y casi un año después, no me ha devuelto el dinero. La aerolínea me indicó que debía solicitar el reembolso a través de Booking.com, Booking me dijo durante varios meses que mi reembolso estaba en proceso y luego dejó de responderme. El vuelo se canceló el 13 de mayo de 2023 y mi reembolso sigue en proceso.

------------------------------------ Tony F (CS Global) Jun 21, 2024, 11::42 GMT+2 Your ref: CPTES01992069-77Our ref: 40-327104947Dear Madam/Sir,Please find here attached our official answer to the above mentioned claim, received in Booking.com.We kindly ask you to reply to this email if any further communication will be needed.Kind regards,Tony FCS Senior Relations SpecialistBooking.comCopyright © 1996–2024Booking.com. All rights reserved This e-mail was sent byBooking.com, Herengracht 597, 1017 CE Amsterdam, Netherlands [KJLV2R-NV22M]

Att. Customer RelationsIn response to the objection (dated 24/06/21) of my claim via OCU Ref: CPTES01992069-77 dated 2024-03-36 I am now submitting a claim against Booking.com B.V.Customer RelationsBooking.com B.V.Oosterdokskade163 1011 DLAmsterdam The NetherlandsCLAIM:1a: I, Vanessa Mirasola on the 10th of January 2023 using Booking.com booked a flight and paid 195.79 EUR, including a trip from Krabi to Siem Reap departing on the 23rd of June 2023.1b: The above is confirmed as being factual in a response from Tony F, CS Senior Relations Specialist.1c: I contacted Booking.com customer service and received a response from GotoGate on behalf of Booking.com requesting proof that my flight with AirAsia was cancelled by the airline, I sent such proof May 11, 2023.1d: schedulechange@flightsonbooking.gotogate.support Emailed me on May 12, 2023 the following: Hi Vanessa,Thank you for your replyWe would like to inform you that yes your flight got canceled by the airline we have sent you the refund option, please reply to this email to confirm the refund and proceed further.Please feel free to contact us for any further assistance, our opening hours and phone number can be found on our website, under 'Contact us.Kind regards,Adil S1e: I responded in an email dated May 13, 2023 yes I would like a refund please2a: AirAsia in section 11.8 of their Terms and Conditions states In respect of any claim for a refund in respect of a Ticket/Itinerary/Booking that has been booked through a travel agent or other third party, the Passenger must apply to that agentarty for such refund. in this case that agent or party is Booking.com2b: Booking.com implicitly accepts this responsibility as they accept the validity of AirAsia's Contract of Carriage.3a: After contacting Booking.com and speaking with their partner GotoGate, I received an email dated May 15 2023 indicating that AirAsia had rejected the refund because the Guest opted to utilize the booking.3b: On May 15, 2023 I contacted Booking.com/GotoGate once more to indicated that I DID NOT opt to use the booking and/or and alternative flight referring to my email dated May 13, 2023 where I expressly request a refund.3c: GotoGate responded to me in an email on May 16, 2023:Hi Vanessa,Thank you for your reply.We apologize for the inconvenience this may have caused you.We would like to inform you that the refund request is already raised from our end and it is under process with our refund team. They will check with the airline and will get back to you with an update.Kind regards,Swapnil PCONCLUSION4a: Booking.com B.V. recognizes the responsibility to issue refunds for flights canceled by the airline both in their Terms of Service and in their email correspondencewith me via their partner GotoGate.4b: I, in accordance with AirAsia Contract of Carriage requested a refund from the agent, Booking.com.4c: Booking.com and their partner GotoGate have repeatedly recognized my right to refund, my refund request with them, and their responsibility to issue me the refund.4d: To date, I have not received a refund for said flight more than one year later. I have contacted Booking.com and their partner GotoGate on various occasions without success.4e: I once again request that Booking.com B.V. refund me the 195.79EUR paid for said canceled flights.

------------------------------------ Tony F (CS Global) Jul 5, 2024, 10::02 GMT+2 Your ref: CPTES01992069-77Our ref: 40-327104947Dear Vanessa,As mentioned in our earlier response, Booking.com provides the Platform on which Service Providers can promote and sell their Travel Experiences and you can search for, compare and book them.Please be informed that Booking.com acts solely as the Platform and is not involved in the Third-Party Terms. We are not responsible for your ticket or any extras you may buy and (to the fullest extent permitted by law) have no liability to you in relation to your Booking.When you make a Booking, it’s directly with the airline. We’re not a ‘contractual party’ to your Booking. When booking, you enter into (i) an Intermediation Contract with the Third-Party Aggregator (for the ticket) and (ii) a Contract of Carriage with the airline (for the Flight itself).In this case, we have reached out to the Third-Party Aggregator, Gotogate again, they let us know that taking into account their previous response, they would like to confirm that on the 11th of May of 2023 you contacted them asking to review the case as the airline cancelled the flight due to operational reasons. The refund request was escalated and they contacted the airline to claim a refund on the 14th of May 2023 with reference 128423562. On the 15th of May 2023 the response was that no refund is possible as you have opted to utilize the said booking, based on the airline's reply (attached in their previous response).So far Gotogate would like to inform that aligning to their terms and conditions in paragraph 3.4 and 9.3 as intermediaries they cannot be held responsible for any change that took place from the airline's end and at the same they cannot process a refund, after their application, if the airline does not authorize it.Summarizing, Gotogate wants to outline the fact that no funds received from the airline's side, nevertheless they applied once again for full refund due to the change that took place, without any guarantee of the outcome.Based on order details the status of the new refund request is still pending based on the below:Gotogate will revert as soon as the airline replies to the refund application.Kind regards,Tony FCS Senior Relations SpecialistBooking.comCopyright © 1996–2024Booking.com. All rights reserved This e-mail was sent byBooking.com, Herengracht 597, 1017 CE Amsterdam, Netherlands [KL1J96-E7JDV]