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I booked a flight with Turkish Airlines (non refundable),

Customer Question
Hello - I booked...

Hello - I booked a flight with Turkish Airlines (non refundable), but i was unable to use it due to visa rejection. and my request for the refund was denied by the airline

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

I have my green card but I was unable to get visa for Dubai because I have Afghani passport.

Lawyer's Assistant: Has anything been filed or reported?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The ticket was booked through 3rd party (CheapOair) and my request for refund was sent to the airline by them

Submitted: 5 months ago.Category: Immigration Law
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Answered in 1 minute by:
1/3/2018
Immigration Lawyer: Nisha Jones,
 replied 5 months ago
Nisha Jones
Category: Immigration Law
Satisfied Customers: 3,033
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an Immigration Law attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 5 months ago
Hello - are you able to advise if i should be seeking legal counsel in this case?
Immigration Lawyer: Nisha Jones,
 replied 5 months ago

I'm sorry to hear about your situation. Give me just a few minutes to type up some information for you, thanks!

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Immigration Lawyer: Nisha Jones,
 replied 5 months ago

Unfortunately since the ticket was non-refundable, you most likely will not be able to have the ticket refunded or transferred.

Many airlines will now offer the ability to change travel dates or refund a ticket, however it requires the payment of an additional fee at the time the ticket is booked.

If you didn't choose that option and pay the additional fee for covering schedule changes, then unfortunately there's not much recourse for getting a refund, even with the help of an attorney.

Sorry to not have better news for you, but I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 5 months ago
Nisha - I'm full aware that my ticket was non refundable, but they cannot reject a refund request if its due to visa rejection. Did you even look at the airline refund policy?
Immigration Lawyer: Expert James, Lawyer replied 5 months ago
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 13,213
Experience: Write FOR JAMES to get my help!
Verified

Have you provided evidence of the visa refusal to CheapOair?

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Immigration Lawyer: Expert James, Lawyer replied 5 months ago

So what, exactly was their response?

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Customer reply replied 5 months ago
The response I got from CheapOair was - "Unfortunately the request did not turn out in our favor, the airline has denied our request for any exception and the ticket will remain non refundable".
Immigration Lawyer: Expert James, Lawyer replied 5 months ago

Where did you see the information about visa issuance? Because what I've found is the following on the website:

VISA AND ENTRY REQUIREMENTS

All customers are advised to verify travel documents (transit visa/entry visa) for the country through which they are transiting and/or entering. Reliable information regarding international travel can be found at www.travel.state.gov and also with the consulate/embassy of the country(s) you are visiting or transiting through. CheapOair will not be responsible if proper travel documents are not available and you are denied entry or transit into a Country.

Your transaction with CheapOair does not guarantee entrance to the country of destination. Traveler understands that CheapOair accepts no responsibility for determining passenger's eligibility to enter or transit through any specific country. Information, if any, given by CheapOair's employees must be verified with government authorities. Such information does not imply responsibility on CheapOair's behalf.

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Customer reply replied 5 months ago
The issue is with the Turkish airlines and not CheapOair. We need to look at their refund policy.
Immigration Lawyer: Expert James, Lawyer replied 5 months ago

Thank you so much.

Please keep in mind that my job is to provide you with information, whether the outcome is what you had hoped for or not. Only telling you what you to hear is not the purpose of this site and it doesn't do you any good. So if you are upset about the outcome but the quality of my customer service is good, please do not give me a negative rating. I am only a messenger. If you need more information, feel free to reply and let me know - I am here to help you.

ANSWER: Unfortunately, that is not the case. Had you bought the ticket through Turkish, you would have a valid claim directly against Turkish. But because you purchased the Turkish ticket through CheapOair, your claim is subject to CheapOair's Terms and Conditions as well.

When you used CheapOair, you agreed not only to the airline's T&Cs, but also to CheapOair's T&Cs. Logically speaking, there would be no reason for CheapOair to put those visa issues in their T&Cs if you were only subject to the airline's T&Cs. That also why, when you purchase the ticket through CheapOair, they have their T&Cs and state that you are also subject to the airline's T&Cs. So yes, Turkish gives a no-refund exception for visa issues, but CheapOair is not required to apply the same conditions in its own T&Cs, which you are also subject to.

Again, I know this is not what you wanted to hear. But I do not make those decisions and I have no control over the outcome. I am just here to provide information about the situation you described and not make any decisions about your case. So please do not hold that against me.

▼ RATING REQUIRED! ▼ Please remember to click on 4 or 5 stars (★★★★) on your computer screen. This is important because this is how I get credit for doing my job.

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If you want to talk on the phone, I am available to do that for an additional fee.

And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.

Thank you!

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Immigration Lawyer: Expert James, Lawyer replied 5 months ago

Hi, I’m just checking in to see how things are going. I see you have reviewed my answer but I have not received credit for it. Remember that the rating is not based on the outcome you wanted or desired, but instead, on my service to you. Negative ratings are reserved for Experts who are rude or unprofessional.

Do you need more help?

Thank you!

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