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As the title says, I booked a ticket with an airline (Condor Air) August, 2019. On December, 2019, I was granted a refund because their parent company went bankrupt and the airline stopped operating on some of the routes we were to fly on. The airline still operates though and we were told at the time that we would have the refund back in our account within 6-8 weeks specifically. That would have been by the first week of February. I have emailed the company throughout the entirety of the 4 months since the refund was approved to follow up, get updates, make sure they have all information necessary etc. I keep getting generic emails that don't actually make any sense, nor does it answer my simple questions, like 'what is happening with the refund?'. They dance around the question and every case I open with them keeps getting closed, after which the following customer service agent tells me that the cases have been closed so they can't see any information about what happened. Apparently there is only one special department in the company that can see the information I need, but they have not gotten back to me in the 3 months that I have been persistently contacting them. I literally have zero information about what is going on and approaching half a year of dealing with this crap I am well and truly over it. So I let them know that I will be charging them interest at 50% p.a. compounded weekly until they have sent me my money back. Am I within my right to do this, and if so, how can I enforce this repayment?

I am in Asutralia, and I have also contacted a German ombudsman for transport (one that Condor Air have signed an agreement with, the 'SoP'). They too have not gotten back to me since my initial inquiry almost 2 months ago.

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  • What country are you in? Germany as well? Commented Apr 11, 2020 at 9:20
  • I am in Australia
    – Rian199
    Commented Apr 12, 2020 at 10:08

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You cannot arbitrarily charge any interest rate, especially 50%.

It depends on the Terms and Conditions / Contract of Carriage mutually agreed with the merchant.

Even if the T&C / CoC says you can charge interest, the interest rate is likely close to Risk Free Rate (Germany Government Bond, which is negative), unless you can prove that your opporunity cost (of borrowing) is significantly higher as a direct result of the withheld funds. You will also have to consider the enforcement/lawyer cost.

Given that the merchant is unresponsive, a suggestion is European Small Claims, or if you paid by Credit Card, file a Charge-Back at your Bank.

In both cases, you have to gather evidence (e.g. the T&C/CoC, email printout).

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