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4 days ago, me and a couple of friends went and booked a flight to Iceland and back for in the summer holidays. The price of the tickets all together is almost €2500, I payed this for everyone using a Maestro debit card.

This morning, I woke up with the horrible news that WOW air has ceased operation and has cancelled all their flights. Since we are a group of students, not getting our money back would mean that the vacation has to be cancelled.

I am having trouble understanding what I can do to try and get my money back as WOW air fails to communicate and has blocked all customer service. Is there anything I can do to get a refund? If it matters: I am a Dutch citizen.

Thomas Wagenaar
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    It does not look good for you. In other words you have just lost your money. May be you get some money back which all depends on bankruptcy proceeding. This is why there is hardly any insurance which covers such stuff. – N Randhawa Mar 28 '19 at 18:16
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    @NRandhawa Not sure about Europe, but virtually any U.S. credit card would cover this. Just do a chargeback and that's it. Some also have insurance that explicitly cover other costs that may be associated with this sort of situation. This is why you should not book flights (or rental cars, hotels, cruises, or really anything) on a debit card. In theory, Wow customers may also be eligible for some amount of EU261 compensation, but good luck getting that from a bankrupt airline. – reirab Mar 28 '19 at 21:31
  • @reirab that seems only guaranteed when you haven’t paid off the bill yet: https://viewfromthewing.boardingarea.com/2018/02/02/federal-court-says-banks-dont-honor-charge-back-youve-paid-off-balance/ – Sebastiaan van den Broek Mar 29 '19 at 06:47
  • @SebastiaanvandenBroek That says that they honored the chargebacks for charges within the last 540 days, which an airline ticket certainly would be. It is an interesting legal argument, though. I'm curious whether that case is being appealed further. I can't find anything past the 10th Circuit ruling from last year. It may still be in litigation. – reirab Mar 29 '19 at 07:08
  • Ddid you travel insurance? It is normally advised for EU nationals when travelling for medical purpouses, but it should also covcer things like this. – CMaster Mar 29 '19 at 09:07
  • If you did not take out special travel insurance on this flight, either you need to call your travel insurer (usually your bank in NL), or register as a creditor with the liquidator/curator of the bankruptcy. Most answers here presume you paid with a credit card, which is not the case, making most of the proposed chargebacks here irrelevant to you, see my answer. – Adriaan Mar 29 '19 at 09:13
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    @reirab OP said they used a debit card so even if European credit card allow chargeback this doesn’t help here. – Konrad Rudolph Mar 29 '19 at 09:40
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    @KonradRudolph Agreed. It was the "hardly any insurance covers such stuff" with which I was disagreeing. – reirab Mar 29 '19 at 14:49
  • I don't know if there is something similar whereever you are from, but in germany you would have a 14-day right to reverse the contract. If you then have your bank reverse the transaction, if possible, you might be covered. – DonQuiKong Mar 29 '19 at 18:00
  • @SebastiaanvandenBroek You are citing a court decision about the law. reirab was discussing credit card policy. In the case you cite, Chase refunded all charges made within 540 days. That's more than a year. That they refused to chargeback charges more than a year old does not have much bearing on whether they would chargeback charges made within 60 days, which is the standard time limit. – Acccumulation Mar 30 '19 at 02:00
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    2 things here... no one will trust a new airline based in iceland for a very very very long time... and who uses a debit card? – blankip Mar 30 '19 at 04:19
  • At the time Sky Europe folded, people (in Europe) who bought their tickets via internet generally got their money back, even if they used debit cards (payment via a debit card can still be made in a credit card mode and then most credit card rules apply, and even if not, contacting the bank and asking would be wise). People who bought the tickets through tourist agencies or in cash were not so lucky (and it was much more common at that time). – Radovan Garabík Mar 30 '19 at 07:23
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    @blankip everyone in my country uses a debit card, there is no need to use a credit card here at all. Besides, i'm a student - I don't satisfy the minimum salary to be able to get most credit cards, and if I do, I could never have spent 2500€ using it (cause its capped). – Thomas Wagenaar Mar 30 '19 at 18:11
  • @ThomasW - you just don't get it. Please ask or lookup why you shouldn't be using a debit card on the money SE. The fact that you think everyone in your country uses debit vs credit, I don't buy it. – blankip Mar 31 '19 at 03:15
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    @blankip: I guess you are from the USA, a country where it makes sense to use credit cards because they offer discounts, better protection than other methods, and give a credit card score that you need for certain financial products. In many other countries, credit cards are more expensive, more difficult to obtain, are less secure than other methods of payment, and the concept 'credit card score' does not exist. –  Mar 31 '19 at 12:36
  • @Pakk - No. And just no to all the upvoters for your comment. I am not saying using debit card is dumb if that is the only means of payment. I am saying you should never choose debit over credit in any scenario for an online purchase. I work in several countries in the EU and never was made to use a debit card. I mean how do you get more high risk than a deposit to a company right from your bank account. Just too many misinformed people here. – blankip Apr 01 '19 at 04:22
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    @blankip: I agree that in the situation of the OP, since the amount was high compared to his income, a credit card would have been more safe. (I would even say that not buying the tickets might have been the best option.) But you implied that credit cards are better in all situations, and then either you don't fully understand something in the EU system and assume it works the same as in the USA, or 99% of Europeans are stupid. Fact is that debit cards are dominant here. –  Apr 01 '19 at 06:12
  • @Pakk - they are dominant because of marketing. I am in Europe every year for a few weeks to months. Nobody ever has a good reason for using debit cards but everyone does. I have had so many very smart people try to reason with me on this. Did you know almost every credit card company will up your max limit if you prepay, yet your money is still as safe as normal? If you give Visa 2.5k for the tickets they up your limit to 3k until x date. That money is not WOW airlines, it is Visa. Visa would never pay WOW because those transfers happen on use. – blankip Apr 01 '19 at 06:17
  • @blankip: they are dominant because they come automatically with a regular bank account. (Which you can consider to be marketing.) I read that in the USA there are credit cards without annual fee, that can have no extra costs if you are disciplined. In that case, it is obvious: be disciplined, use a credit card. In the EU, credit cards always cost extra money. I have never seen a card without annual fee. The benefits might be worth the extra costs, but it depends on the risks you expect and the costs of the card. Different situation, different optimal solution. –  Apr 01 '19 at 07:16

7 Answers7

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Do not assume your money is lost, contact your payment card issuer at once.

Regardless of debit vs credit, you should always contact the bank and let them tell you if it is possible to get your money back through them. They're in a better position to know because there are a lot of specific details and local regulations.

My answer from this point on is based on the fact you paid with a Maestro card: These things often depend on country-specific regulation, but it appears Maestro does allow chargebacks (refunds) for failed travel providers. Their chargeback guide states on Page 357

Intra-European Message Reason Code 4855—Goods or Services Not Provided

Failed Travel Merchant—Intra-EEA and Domestic European Transactions Only

Chargeback Conditions. For Intra-EEA and domestic European Transactions, when the Cardholder contacted the Issuer claiming a travel service has not, or will not, be provided, and when the merchant is seeking protection from creditors, insolvent, bankrupt or in liquidation, at least one of the following conditions must be met:

  1. The travel service was covered by a bonding authority or similar scheme according to local law, and one of the following:

    – The Cardholder (or traveler) requested reimbursement from the bonding authority or similar scheme and did not receive it, or the claim was declined.

    – For Swedish Domestic Transactions: no additional requirement. The Cardholder (or traveler) is not obligated to request reimbursement from a bonding authority or similar scheme prior to the Issuer raising a chargeback.

    The Cardholder (or traveler) does not need to request reimbursement from the bonding authority or similar scheme if the Merchant, bonding authority or similar scheme publicly states that the bond is insufficient prior to the chargeback.

  2. The travel service was not covered by a bonding authority or similar scheme according to local law, or neither the Issuer nor Cardholder after reasonable effort can determine whether the travel service was covered by a bonding authority or similar scheme according to local law.

Basically, it says you should claim from any applicable protection scheme first, but if it is not covered, a chargeback is possible.

user71659
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You may lose your money, or some of it, if the company goes bankrupt, which seems likely. According to the Guardian, the airline has suggested that credit card customers check with their card issuers to see if a refund is possible, and that package holiday customers may be protected by the package holiday directive. (Neither of these seems to apply to you since a debit card typically provides less protection than a credit card, though this may be different in different countries.) Otherwise, your only recourse is likely to be to file a claim with the bankruptcy administrator or liquidator.

If it comes down to that, the company's assets will be liquidated and the resulting cash will be used to pay off its liabilities. Since the liabilities may exceed the assets, you are unlikely to receive all of your money. Many assets will have been bought with loans (such as airplanes), and they will be used to satisfy the lenders. Only if the asset is worth more than the debts it secures will any additional value be used to pay other debts.

Update: the Guardian article appears largely to have been based on the company's own statement, reproduced here in full. The linked page may change, so it is a good idea to visit it directly, as well as to visit the links at the bottom of the notice, to look for new information.

TRAVEL ALERT

End of Operation of WOW AIR

Information for WOW AIR passengers

WOW AIR has ceased operation. All WOW AIR flights have been cancelled.

How will I reach my destination?

Passengers are advised to check available flights with other airlines.

Some airlines may offer flights at a reduced rate, so-called rescue fares, in light of the circumstances. Information on those airlines will be published, when it becomes available.

What are my rights?

Passengers whose ticket was paid with a credit card are advised to contact their credit card company to check whether a refund of the ticket cost will be issued. Passengers who bought their ticket from a European travel agent (within the European Economic Area) as a part of a package tour (a package which includes flights and accommodation or other services) are protected by the Package Travel Directive. Those passengers are advised to contact their travel agent to arrange an alternative flight.

Passengers who may have bought travel protection, or those passengers whose credit card terms may include such protection, may be entitled to claim compensation and assistance due to delays or travel disruption. However, such compensation is often limited.

Passengers may also be entitled to compensation from WOW AIR, including in accordance with European regulation on Air Passenger Rights. In case of a bankruptcy, claims should be filed to the administrator / liquidator.

Where can I get up-to-date information?

This announcement will be published and continuously updated on the following websites:

General information about passenger rights can be found at www.icetra.is

Information to passengers .pdf

Upplýsingar til farþega .pdf

28.03.2019

In the last case, you probably won't see any money for several months or a few years.

phoog
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    Thanks, is there a way I can be informed once a bankruptcy administrator or liquidator has been appointed? – Thomas Wagenaar Mar 28 '19 at 18:29
  • @ThomasW I think the best thing will be to follow the news media and the company website, and maybe also look for any Icelandic government sites, for example the aviation regulator or the corporate or financial regulator, that might have relevant news. Even though you used a debit card, I would look more closely at the possibility of disputing the charge if I were you. – phoog Mar 28 '19 at 18:42
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    Several airlines have started resuce plans e.g. wizz air, icelandair are offering rescue fares. Follow the news media and other airline sites for resuce fares. – N Randhawa Mar 28 '19 at 18:49
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    Thanks @NRandhawa, but I am not stuck in Europe or Iceland, I have booked a summer holiday. The rescue fares are only for passengers that are stuck – Thomas Wagenaar Mar 28 '19 at 19:00
  • @ThomasW there are some other links in the company's travel alert, which I've added to the answer. – phoog Mar 28 '19 at 19:12
  • @ThomasW note that in the case of bankruptcy/liquidation, not only will any compensation you may receive be years from now (most likely), it could also be a small percentage of what you paid. – Mike Harris Mar 28 '19 at 19:41
  • @MikeHarris thanks. I didn't stress that adequately. I've edited the answer. – phoog Mar 28 '19 at 19:50
  • And the writing has been on the wall for Wowair for at least a week, so very good chance Maestro did not give them your money. – Harper - Reinstate Monica Mar 29 '19 at 00:41
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    @Harper OP wrote in their original already that they used a debit card, not a credit card. There's no such thing as chargebacks on Dutch debit cards, and the payment you make is essentially a glorified bank transfer, so their money would most probably be already in WOW's account. Whether their status as a creditor is high-priority or not I don't know, but their sole option is to file as a creditor with the liquidator and hope for the best. – Adriaan Mar 29 '19 at 12:30
  • @Adriaan Yeah I was partially wrong about what I said there. Deleted. I bet there are chargebacks/disputes, there have to be. Otherwise why on earth would anyone use such a card, if it's basically bitcoin byebye? Anyway you understand debit charges aren't direct, they ride on the credit card system, Maestro=Mastercard. If the acquirer knew the airline was about to reneg, and they should, it would be pure negligence to hand them customer money. So there is always a chance. – Harper - Reinstate Monica Mar 29 '19 at 16:08
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TL;DR your sole option is to register as a creditor of WOW air with the curator/liquidator of the bankruptcy. Unless you bought additional insurance on your ticket

First off, if you have an (ongoing-) travel insurance ((doorlopende-) reisverzekering), is to call your insurer and ask what they provide for bankruptcy of a travel agent. Usually your bank is also the travel insurance provider in the Netherlands. I'm not optimistic; this SkyScanner article suggests that bankruptcy is not covered in travel insurance, but at least they'll be more knowledgeable on the juridical side of things.

Seeing you paid with a Dutch debit card, which is entirely reasonable when you're Dutch, and have not taken out any additional travel protection insurance (at least, that's what I assume, since you didn't mention it), there's only one way forward as far as I can see: make sure you are a registered creditor when the bankruptcy files (see e.g. this news article). phoog's answer has a collection of official links where the legal curator should be annouced.

You will most likely not be the only Dutch citizen having this problem, so probably someone will create a sort of rights-foundation where you can subscribe, and they will collectively try to get their money back. It means you loose some percentage to advocacy costs, but at least you don't have to go through the legal procedure yourself.

So keep an eye out for the bankruptcy declaration and who the curator is, and contact them, as well as any rights-foundation (belangenbehartigingsstichting in Dutch) which will probably be set up for all duped clients. You might see some of your money back, depending on how bad the financial situation was, but it will take years most likely.

As far as I can see the standard EU safeguard for flight cancellations, lost luggage, delays etc does not hold for bankruptcies. You could contact them of course, although I don't expect you to get a refund through there.

The usual 2 week term for sending back online-bought goods does not hold for travel tickets neither alas.

Why most of the other answers are wrong: You have a Dutch debit card. What the international community here understands from the debit card principle is, as I gather it, some kind of prepaid or Credit Card-Light. Sadly, this is not the case. All the cashback mentions in other answers are, however hopeful, wrong. They simply do not work with a Dutch card. What you did was most likely an iDeal(1) payment (or an actual PIN payment with your card on Schiphol), which transfers your money from your account to the company, in this case WOW air, directly. There's no such thing as a payment company in between, so all the cashback tales you're thrown as a bone here simply do not work. Sorry, but your sole solace is trying to register as a creditor. Please, be my guest, try to contact your bank to get a cashback, but don't be surprised when they look at you weird. It's just not a thing with the Dutch debit card. As gerrit put it:

Terminology note: American "debit cards" are not Dutch "debit cards". In US, CA, UK, "debit cards" typically have a 16-digit number and CVV code, a magnetic stripe, and can be used for card-not-present payments. Dutch or German "debit cards" have no 16 digit number or CVV code, and increasingly often no magnetic stripe either. In US/CA this is often called an "ATM card".

Sorry, but the other answers are from an Anglo-Saxon point of view on the debit card which simply is not true for the Dutch case.

(1) From the linked page:

(...) this payment method allows customers to buy on the Internet using direct online transfers from their bank account.

Bank authorizes transaction in real-time, deducting the amount directly from the consumer's account (if there is not enough balance, the transaction will be refused)

Merchant received real-time confirmation of the payment by the bank

There is no chargeback right however, which can be considered a disadvantage for the consumer using this payment method.

I.e. your money is there basically the moment you confirm your iDeal payment, and no chargebacks are to be gotten.

Adriaan
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    The differences listed between American debit cards and European ones are sheer fantasy, it all depends on the bank and not the country. But debit cards all have in common that you're taking money directly out of your bank account, very much as if you were paying cash. So sadly, the bulk of this answer is right in terms of how unlikely a refund would be. –  Mar 30 '19 at 01:26
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    "which transfers your money from your account to the company, in this case WOW air, directly. There's no such thing as a payment company in between" Unless the money was delivered as an envelope full of cash or something, the money went to an acquiring bank, not to WOW directly, and there has to be some sort of system for handling the transfer. – Acccumulation Mar 30 '19 at 02:07
  • Chargebacks do exist. I don't care what country's bank issued it, you used a Maestro card, not silver coins. – Lightness Races in Orbit Mar 30 '19 at 20:19
  • @LightnessRacesinOrbit not on Dutch iDeal/PIN payments made with a debit card. The sole chargeback you can do here is if you authorised a company/charity/whatever to make deductions from your account (automated collection) you can charge back that within 14 days of it being deducted from your account. For payments you made yourself there is no such thing as a chargeback here, not even for maestro cards. – Adriaan Mar 30 '19 at 21:52
  • This is presuming that the payment was done on the Dutch card network instead of the regular Visa/MasterCard network. Did the WOW website even support them before it went bankrupt? – JonathanReez Apr 01 '19 at 17:52
  • @JonathanReez yes; iDeal (see the wiki link) is the Dutch payment method online. Everyone uses it for online purchases, and for a fact I know that WOW air did; my old study is going to Iceland for a field trip this summer and students already started emailing the professor that their flight is cancelled, and how they will get their money back, given they paid through iDeal. Basically on a Dutch debit card there's no option besides iDeal (or bank transfer and PIN) to pay, and no way for chargebacks, hence my strong statement. – Adriaan Apr 01 '19 at 19:19
  • @JonathanReez basically iDeal is so popular here that if you open an online store/company/payment method without supporting it, barely anyone will be able to pay. Booking, AirBNB, all major airlines flying to Schiphol etc support it, because it has such a large market share. – Adriaan Apr 01 '19 at 19:36
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    @Adriaan so most Dutch citizens don't have access to a Visa/Mastercard debit card? That's fascinating – JonathanReez Apr 01 '19 at 20:04
  • @JonathanReez indeed, no. The major banks generally give you a maestro debit one as default card, which works as an ATM card an with iDeal as listed above. You can usually buy a credit card on top of your package; as a student I paid €12.50/year for a card with €500/month cap, which I only used for buying books over amazon.co.uk (there's no Dutch version of that). Besides that, no-one in NL uses credit cards, people only have them for when going abroad or purchasing online from abroad. – Adriaan Apr 01 '19 at 20:12
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Contact your credit card issuer and dispute the charge, that is to say, request a chargeback. While the investigation runs, that part of your bill will be considered "disputed" and you will not have to pay it. You are extremely likely to be fully refunded.

Oh wait, it's a debit card??? Okay, same deal. Except while the investigation runs, the money will be absent from your account. You are significantly less likely to be fully refunded. The "investigation" could run a month or two.

....and you just discovered one of the biggest vulnerabilities of debit cards as opposed to credit cards.

Normally you should talk to the merchant before doing a chargeback. But you seriously tried... So good enough!

All that said, there's a chance even a chargeback that worked is not a successful dodge. A chargeback only reverses the payment, not the liability. There's tale of some too-clever bankruptcy trustee going after customers who had successful chargebacks, claiming they misused chargeback to make themselves a higher priority creditor than they were, and get paid out of turn. I have my doubts that would stand up in court, but that trustee tried it! A lot of dumb people probably paid him rather than fight.

Harper - Reinstate Monica
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    but still likely, to be fully refunded what are you basing this on and who will be the one refunding? If the airline declares bankruptcy and there are many creditors then it's unlikely you can be paid back from what's left of the airline (based on the idea that there's less money than the total amount that owed to creditors). – JJJ Mar 29 '19 at 00:48
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    @jjj having been through it. OP is a customer, he didn't sell them fuel. Not all creditors have equal priority, customers are the highest. Also, Mastercard (Maestro) has business analysts who do research, they were well aware of WOW's troubles, and very likely withheld their payments to cover expected chargebacks such as OP's. Credit cards do that. – Harper - Reinstate Monica Mar 29 '19 at 00:52
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    I would like to see some sources to support that. I don't know which jurisdictions apply but here in Western Europe we see that authorities (e.g. taxes) and companies (mostly suppliers) are the first to be compensated and there's almost never anything left for customers (if there were, they wouldn't have declared bankruptcy). Those experiences are mostly with retailers, I'd like to see some sources pointing to priority and debitcard payment providers withholding payments as you claim in your comment. – JJJ Mar 29 '19 at 00:57
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    @JJJ Chargebacks aren't a claim against the airline, but rather the airline's card processing bank (acquirer). In Visa and Mastercard schemes, the customer's bank (issuer) receives money back from the acquirer as a bank-to-bank transaction, they never deal with the merchant themselves. The acquirer assumes the risk of bankruptcy of their merchant. – user71659 Mar 29 '19 at 01:24
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    @JJJ my research also says you have a good point about priorities. Edited. But also what user71659 says, particularly it is the acquirer's job to know their customer and withhold back enough money to cover foreseeable chargebacks, and when they smell blood in the water, that withholding can go to 100% lickety split. This can greatly add to the death spiral for a struggling business, ask anyone with a Square account. – Harper - Reinstate Monica Mar 29 '19 at 01:33
  • I guess that clawback depends on where you are. I might well be able to force a jury trial on the matter, in which case the trustee has zero chance to win. – Joshua Mar 30 '19 at 14:50
  • @Joshua i agree. Any bankruptcy trustee relies very Very heavily on "possession is 9/10 of the law". A successful chargeback surely means the money was held up at the acquirer, so it was never in possession of the trustee. The trustee is declaring all payables invalid with one hand, yet is declaring all receivables due with the other. Especially receivables on goods/services the bankrupt entity knew they would never deliver... Taking it in the first place is just fraud. – Harper - Reinstate Monica Mar 30 '19 at 16:14
  • Couldn't trying to get a chargeback to succeed that one is not entitled to be interpreted as attempted fraud in some cases? – rackandboneman Mar 31 '19 at 01:15
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    @rackandboneman sure, but to be "not entitled to it", you'd have gotten your airplane ride! – Harper - Reinstate Monica Mar 31 '19 at 05:34
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WOW air has provided new information on reclaiming your money through the liquidator yesterday:

Passengers may also be entitled to compensation from WOW AIR, including in accordance with European regulation on Air Passenger Rights. Since WOW Air has been declared bankruptcy, claims can be filed to the administrator / liquidator.

In that case it is emphasized that passengers file a formal claim to one of the liquidators, Sveinn Andri Sveinsson sas@reykjaviklawyers.com. If you want your claim to be registered on the Registration of claims, you must use a form in accordance with the Icelandic bankruptcy law no 21/1991. Below is a form that can be used. The deadline to file a formal claim is August 3rd 2019. No information about possible recovery will be available until firstly after the creditors meeting in august 16th 2019.

The mentioned form can be found on the website (https://wowair.com/).

Good luck!

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user96784
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In the Netherlands there is a garantiefonds for when travel organisations go bankrupt. It is sort of an insurance: if you did not pay the premium you cannot claim the benefits. In the old days you'd always go through a travel agency and be required to pay the fee. Booking directly through the internet saves you the fee most of the time, but costs you the fare occasionally.

Do you have travel insurance? Ask them too.

Adriaan
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  • Do you have a link for this garantiefonds? All I could find (see my answer ) was the EU one, and that doesn't hold for bankruptcies. The travel insurance doesn't cover bankruptcies either, at least those of the fours major Dutch banks. – Adriaan Apr 01 '19 at 19:31
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The exact specifics of payment do matter here. Even with debit cars there is legal protection in the EU for you. As far as I know, any debit card transaction without entering a PIN number (which would be online payments, or in-store payments with signature rather than PIN number) is effectively just a convenient way of handing over your IBAN, so that the other party can do a bank withdrawal.

Bank withdrawals can be veto'ed for at least 2 weeks. Usually just a matter of two clicks in your online bank account.

modmatt
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  • Interesting; I always thought an iDeal payment (online banking) was an authorised bank transfer, but made easy for online purchases. If it indeed would be an authorisation for a one-time withdrawal by the company it should be possible to reclaim. I'd like to see a reference here though, as this is not how I understand iDeal payments. – Adriaan Apr 01 '19 at 19:34
  • Wikipedia on iDeal seems to refute this view, and instead says its a direct bank transfer (which I'd always thought). If they paid at the counter using their card they'd have to have entered their PIN, unless they manually set their PINless payment amount from the standard €20 to €2500, which I highly doubt. – Adriaan Apr 01 '19 at 19:43