17 hours ago
UAE: Can passengers claim refund if the flight ticket is non-refundable?
Question: I recently booked a flight through a travel agent, which I now need to cancel. However, the agent says I won't get my money back, as the flight option I selected does not allow cancellations. Can I get my money back?
Answer: It is assumed that the travel agent did not provide you with clear and complete information about the non-refundable nature of the flight ticket before booking.
A consumer has the right to obtain accurate information about the goods or services they purchase, use, or receive. This is by Article 4(2) of Federal Law No. 15 of 2020 on Consumer Protection, 'Obtaining true information on the commodities purchased, used or consumed or the service received.'
The performance of all contractual obligations is subject to the principle of good faith, as prescribed under Article 246 (1) of the Federal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates, which states, '1. The contract shall be implemented, according to the provisions contained therein and in a manner consistent with the requirements of good faith.'
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The wording in a contract should be clear under Article (265) (1) of the UAE Civil Transactions Law, 'If the wording of a contract is clear, it may not be departed from by way of interpretation to ascertain the intention of the parties.'
Furthermore, if an individual approves something after an agent has done it on his behalf, it may be considered as if you had given consent to the agent before the agent doing such work. This is by the Article 930 of the Federal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates, 'Subsequent permission for a dealing shall be regarded as a prior grant of agency.'
Based on the aforementioned provision of the law, if the travel agent did not inform you that the air ticket is non-refundable before booking, you may have grounds to request a refund or compensation under the UAE Civil Transactions Law and Consumer Protection Law.
The agent is obliged to act in your interest and provide full disclosure. You may also contact the airline directly to check if any refund or rebooking options are available. Furthermore, you may consider filing a complaint with the UAE Consumer Protection Department or seek further legal advice.
