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Airline's offer of a voucher for a flight cancelled due to coronavirus doesn't fly, area man says; he wants his money back

Edward Manchur says Spirit Airlines should be ashamed of itself, but more important, it should refund the fares paid by him and other passengers unable to get where they wanted to go after the company began canceling flights right and left due to Covid-19 issues.

In a lawsuit filed in US District Court in Boston yesterday, the now housebound lawyer from the North Shore says he paid $224.78 for a flight to Ft. Myers, FL for himself and traveling companion for April 9, but that Spirit e-mailed him in March that it had canceled that flight and instead booked them on a flight on April 7.

Plaintiff was unable to accommodate this flight change and requested a refund. Instead, Plaintiff was informed by Spirit on March 20, 2020 that he had been issued a credit (a voucher) for travel on a future Spirit flight.

That, Manchur says, violates Spirit's own flight contract, which calls for a refund for passengers who can't be accommodated on the next flight after a cancelled flight. And he wants a judge to make him lead plaintiff in a class-action suit against Spirit.

And, Manchur continues, with his law practice being deemed "non-essential" by the Commonwealth of Massachusetts, he is stuck at home, losing money and doesn't want a voucher he might never be able to use:

The need for monetary refunds over travel vouchers is pressing during this time of crisis. Travel vouchers provide little security in this public crisis, particularly where many individual Americans need money now to pay for basics like food and rent, not restrictive, temporary credits towards future travel which these individuals may never be able to use.

Reflecting the need to provide individuals with such assistance, the Coronavirus Aid, Relief, and Economic Security Act ("CARES") is set to provide a bailout to the airlines, providing them about $58 billion in aid. President Trump announced in press conference on April 9, 2020 that additional funding and financial aid will be provided to airlines. Despite this, Spirit refuses to comply with the law or countenance the exigent needs of its customers. ...

Plaintiff is and continues to be immediately affected by the COVID-19 pandemic. As a lawyer, his services have been, since March 2020, declared by Governor Charlie Baker as “non-essential.” As such, Plaintiff is urged to shelter in place. Plaintiff is prohibited from being in crowds of more than 10 people. Despite being entitled to a refund for his cancelled flight, Spirit has refused to provide Plaintiff a refund.

Manchur is seeking a court order ordering Spirit to knock it off and offer passengers with tickets on cancelled flights their money back, triple damages for himself and other Spirit customers in the same boat, interest and attorney's fees.

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PDF icon Manchur's complete complaint817.01 KB


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Comments

I recall news articles from about a week ago about the US Dept of Transportation toughening up its stance on non-compliant airlines.

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I really hate these lawsuits usually but...

I am one of these people. I had two flights. One to London and one to Florida. When I took the credits in early March when i cancelled, I figured "oh I'll still go in a few months when this blows over"

Month and a half later.. not sure if/when I will ever go. I'd honestly like my money back now. Almost 2300 bucks in flights and upgrades in credits now. Sure I'll fly again eventually but my priorities in travel might change.

I see this guys point...

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$100 to fly Spirit.

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ew.. greyhound with wings?

Delta and Virgin Atlantic.. ..

My point is this will set a precedent..

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Wow. I knew that running dog was up to something with the flying fairy!

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I got a credit for our flights to and from the Grand Canyon and we got credits for them which is fine...but we will have to call Expedia to use those credits which seems stupid to me. Why it can't just be in my account as a credit only used on those airlines?

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The airline industry took billions of public money after 9/11 and already got plenty of taxpayer perks before this happened. Did they invest the money for when another crisis would hit? Of course not. They did stock buybacks and paid their executives like heroes.

So once again, same story. They'll find every chance to screw the average flyer but are the first to claim they need a handout when things go bad.

Let them all fail. From the ashes new airlines will rise and maybe they won't be so quick to screw customers.

The same goes for every other large company that wants recovery cash. I feel bad for the small shops, not these conglomerates that bank on getting bailouts.

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