Refund after Allegiant Left Me Stranded in Las Vegas

  • Hi Guest, welcome to the help forum. You can get fast answers to your customer service questions here. We have a dedicated team of advocates who are ready to help. Just go to the section that matches your question and ask us!
  • If you've posted a question or issue for our advocates to assist with, please be sure to check back frequently for responses and requests for clarification.
  • Did you know you can get email notifications when something new posts to your favorite forum? It's easy. Just click the "watch" link right next to the "post new thread" button at the top of your favorite forum. The rest is easy. Now you'll never miss another conversation.
  • Want to become an expert user? Drop by the How to use this forum section and all will be revealed. We'll show you how to make the most of your experience.

Michelle Friedman

Administrator
Staff Member
Director
Sep 19, 2015
472
906
93
#2
@Tiara Sampson

This is really a misuse of a credit card charge-back. Although your flight was delayed, Allegiant delivered you to all the destinations that your ticket indicated. They are not responsible to pay for your accommodations at your destination. Their responsibility for you ended when you landed at your final location of your ticket. Your ticket was fully used.
A three hour delay does not entitle you to receive your flight to Hawaii and back for free. I am sorry but, I suspect that you already know this, you owe Allegiant for the flight that you took.
 
Nov 14, 2016
374
930
93
48
#3
I'm not sure why you've posted this same email twice (http://forum.elliott.org/threads/need-help-with-bank-airline-dispute.4827/#post-52846) and one of these threads should be closed so I'll copy and paste my answer from the other thread.

To ensure I understand the issue:

Your flight from Hawaii to Las Vegas was 3 hours late so you missed the last bus home. You're told by an employee that Allegiant can provide compensation or a hotel in Las Vegas once you get there but no one is there. So you decided to try to reverse the charges but that has failed.

Assuming this is correct, the first thing to know is that no airline provides hotel stays for passengers once they get them to their final destination as a matter of course. If this were due to a mechanical issue or the crew not showing up then you would have been due a hotel/meals in Hawaii. Of course if the delay was due to weather the airline doesn't own anything. Either way, once you get to Vegas the airline has fulfilled its duties under their CoC and don't owe anything else. Nor are they generally responsible for any damages (like a missed bus) if the flight is late. That's always been true for large and small losses - just ask the people who missed $5000 cruises because their flight was late. The airline doesn't compensate them either.

So do you know why the airline's flight was delayed? That provides us some help in trying to figure out where to direct you.

Now if the delayed flight was due to something the airline could control (like a mechanical issue) you would have good cause to use the contacts on this site (starting with Allegiant's customer care) to ask for a refund in the amount of the bus fare and/or hotel room. After all, you were late and that's under their control (if it's weather there's little point in asking since that's not under their control). So we would recommend a concise, polite email to the airline's customer care with bullet points to state why you think they should compensate you. You'd wait a week for an answer and if you didn't get one (or one that was acceptable) you'd escalate to the next level, wait a week, rinse and repeat. Eventually hopefully you'd get high enough up the ladder that someone would provide some compensation.

But instead you decided to try to charge this back and think that's where we're going to run into a roadblock. Chase actually is correct here - the chargeback should be denied because Allegiant provided services. Nor would I consider one 11 PM phone call to customer care asking that they immediately get you a hotel room "working" with the airline to resolve this issue. You pursued the nuclear option and now without a good case history the claim has been denied.

So I hate to be the bearer of bad news but this case may be over before it begins here. You can try the above customer care approach above - which is the suggested method - but at this point I think they'll probably deny you because you attempted to charge this back. I don't really have any other good suggestions. If the reason the flight was late is due to something under the control of the airline you may still want to give this a shot. If not, it's probably not even worth your time because the chances of being successful are exceedingly slim. Again, I don't like providing bad news but between the nature of the issue - which is something that airlines don't typically compensate for - and your approach in solving it - we don't recommend using chargebacks unless it's the last resort - there's not many places for us to go on this one.


PS - I hope you called the cops on the airport employee but that's not something that's Allegiant's fault (unless it was their employee) or something I'd put in a communication to them.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
12,704
12,701
113
New York
www.promalvacations.com
#4
I agree with the others. You filed a false chargeback- Allegiant provided the service and got you home. If you read their terms and conditions, there is wording about flight delays and that they can happen.

They fulfilled their contract because they got you back to LAS. The fact it was late doesn't mean anything- they fulfilled the service you paid for.

By filing the false credit card chargeback you also might have blacklisted yourself with Allegiant as well.

What as the reason for the delay? If it was weather, then they don't owe you anything. If it was mechanical or due to staffing, they should have given you a hotel for the night and what you should have done when you arrived st LAS was find your own hotel and stayed the night, gotten a receipt, and then submitted it to Allegiant for reimbursement. You can get a hotel near the airport for $50 and then changed your bus ticket the next day.

Kahhss is correct- you might be out of luck.
 
#5
@Tiara Sampson - You bought a ticket on Allegiant from HNL-LAS and they got you to Las Vegas. . . . albeit late.

Explain to me [so I can help you] under what theory or set of facts Allegiant is responsible to get you to Tucson? They got you the destination for which you purchased a ticket from them.

I'd like to hear from you why you think they have an obligation to put you up in Las Vegas or get you to Tucson?

That is the core question here - and I'd like to hear from you what logic you based your decision upon to think that because their flight to the destination you purchased was late, they had some other obligation to you. . .

Thanks - I'm waiting.
 

johnbaker

Verified Member
Oct 2, 2014
848
1,397
93
45
#6
@Tiara Sampson Unfortunately no airline accepts responsibility for consequential damages. Any damages (like a hotel room) as a result of delivering you late to LAS would fall into the consequential damages category because it was your final destination with the airline.

At some level, Chase actually did you a favor by not allowing your chargeback to go through. Since you took the flight and the airline delivered you to your destination, they completed their contract and your chargeback might fall into the fraud category (banks actually have a term for it "friendly fraud").

It doesn't appear that you ever attempted to reach out to Allegiant. After an unsuccessful chargeback, they probably won't be inclined to do anything but you might try that. Its one of the reasons we suggest that you use the chargeback as your last recourse not your first.

Good luck
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
12,704
12,701
113
New York
www.promalvacations.com
#7
@Tiara Sampson Unfortunately no airline accepts responsibility for consequential damages. Any damages (like a hotel room) as a result of delivering you late to LAS would fall into the consequential damages category because it was your final destination with the airline.

At some level, Chase actually did you a favor by not allowing your chargeback to go through. Since you took the flight and the airline delivered you to your destination, they completed their contract and your chargeback might fall into the fraud category (banks actually have a term for it "friendly fraud").

It doesn't appear that you ever attempted to reach out to Allegiant. After an unsuccessful chargeback, they probably won't be inclined to do anything but you might try that. Its one of the reasons we suggest that you use the chargeback as your last recourse not your first.

Good luck
Thats the term I was trying to remember - friendly fraud.
 

kenish

Verified Member
Sep 1, 2015
1,040
1,762
113
KSNA
#8
However, I have read that I have the right to "withhold payment" if dissatisfied with the service or service is not delivered as agreed after making a good-faith effort with the merchant, which I have.
Congrats on your friend's baby! A single call to Allegiant (or any merchant) is not a "good faith" effort. That's moot, because when you purchase an airline ticket, you agree to the terms of the airline's Contract of Carriage. Allegiant's is pretty standard for all airlines. Specifically, section 85c states:

Carrier will attempt to transport passengers and their baggage promptly and as scheduled. Flight schedules, however, are subject to change without notice, and the times shown in or on Carrier's published schedules and advertising are not guaranteed. At times, without prior notice to passengers, Carrier may need to substitute other aircraft or airlines and may change, add, or omit intermediate or connecting stops. Carrier cannot guarantee that passengers will make connections to other flights of its own or those of other airlines. In the event of flight schedule changes, Carrier will attempt to so notify affected passengers as soon as possible at the airport or enroute.

Allegiant *did* deliver as mutually agreed by transporting you to LAS as ticketed, unfortunately not at the time you needed. Don't get me wrong...I'm no apologist for Allegiant but I agree this explains why Chase reversed the chargeback.

Being blacklisted by Allegiant might be a blessing in disguise! Their business model is to make profits from booking hotels, cars, vacation packages, etc. They call themselves a "Travel Club" and not an airline, and you probably noticed their booking webpages are very intensive in ads and "upsells". Their rock-bottom fares include numerous junk fees; often the total fare is very similar to AA, United, etc. unless your travel needs can dodge them. Since Allegiant makes profits on ancillary travel, they drop routes or cities on very short notice if "ground bookings" fall short. Sometimes flights never begin- a few years ago, Allegiant started selling flights from Monterey, Fresno, and Santa Maria (CA) to Hawaii. A few days before the first flights they suddenly announced they weren't starting. Thousands were left to make last-minute changes and purchase expensive, last-minute tickets on other airlines.

Allegiant does not have interline agreements- if something goes amok with your flights, you can't be rebooked on another airline but rebooked onto the next Allegiant flight with seats available. Many routes have one flight every 2-3 days, meaning it might be a week for an "available" flight ! Since they often use outlying airports, when a flight is cancelled or badly delayed the only recourse is traveling 1-2 hours to the "main" airport and buying a walk-up fare on another airline.

The biggest concern is maintenance. Compared to other airlines, Allegiant has a much higher rate of maintenance cancellations and delays. About 5 years ago, thousands were stranded after the FAA grounded their 757 fleet due to maintenance concerns. Also, google the recent series of Tampa Bay Times articles. Allegiant has a 4x higher rate of emergency landings than the major airlines, mostly due to older planes not receiving a higher level of maintenance and inspections.
 

jsn55

Verified Member
Dec 26, 2014
6,635
6,639
113
San Francisco
#9
ADVOCATE ADVICE
When you travel, add some money to your packing list. Whether it's credit availability or cash, don't be one of those poor souls who are sleeping on an airport floor. Be ready to take care of yourself. Plans don't always work out the way you expect. It's kinda cute when a college student spends his last dime for a flight home over the holidays, but the rest of us need to take better care of ourselves.
 
Sep 19, 2015
2,162
3,468
113
48
#10
It is nice that you flew to meet your friend's baby and I hope that mother and child are healthy.

It appears that you were using a debit card as you mention the account being overdrawn.

This may be an unpopular question but if funds were so tight that you could not afford 50 to 75 for a hotel, why did you make the trip?

It seems you used the chargeback as a way to float yourself a loan for the hotel as you mention the account was overdrawn.

Did you call the police on the airport employee?

As a female I understand the fear of being stranded alone at night in an unsecure environment.

But you took a pleasure trip to meet a friend's baby in Hawaii without enough of an emergency fund to pay for a hotel and then abused the chargeback system. And now there is a record with the bank of you abusing the system.

Being dissatisfied is not enough to warrant a chargeback-- and while 3 hours late is unpleasant and very annoying it was your final destination. But as many pointed out you would have more leverage in seeking a hotel reimbursement for the delay rather than doing a chargeback because you could not afford a hotel.
 
Jan 5, 2017
9
7
3
28
#11
@Tiara Sampson

This is really a misuse of a credit card charge-back. Although your flight was delayed, Allegiant delivered you to all the destinations that your ticket indicated. They are not responsible to pay for your accommodations at your destination. Their responsibility for you ended when you landed at your final location of your ticket. Your ticket was fully used.
A three hour delay does not entitle you to receive your flight to Hawaii and back for free. I am sorry but, I suspect that you already know this, you owe Allegiant for the flight that you took.
Thank you for your opinion. It's strange because I did tell Chase Bank everything that I wrote here more than once and they did not tell me that it was a misuse of charge-back. There is also random advice all over the internet stating that if you are unhappy with service you can do a chargeback.. This is why I made this post, to try and get more solid advice.

And no.. when I called Allegiant, I was not expecting for my entire flight free just accommodations or compensation for a hotel and bus ticket. I have received accommodations for a missed connecting flight before which is why I assumed it was standard practice. Now I see that is not the case. I am not a frequent flyer. When I called Chase, they stated that all they could do to help was a chargeback. It felt unorthodox but, I accepted. Of course, that was a mistake.
 
Jan 5, 2017
9
7
3
28
#12
It is nice that you flew to meet your friend's baby and I hope that mother and child are healthy.

It appears that you were using a debit card as you mention the account being overdrawn.

This may be an unpopular question but if funds were so tight that you could not afford 50 to 75 for a hotel, why did you make the trip?

It seems you used the chargeback as a way to float yourself a loan for the hotel as you mention the account was overdrawn.

Did you call the police on the airport employee?

As a female I understand the fear of being stranded alone at night in an unsecure environment.

But you took a pleasure trip to meet a friend's baby in Hawaii without enough of an emergency fund to pay for a hotel and then abused the chargeback system. And now there is a record with the bank of you abusing the system.

Being dissatisfied is not enough to warrant a chargeback-- and while 3 hours late is unpleasant and very annoying it was your final destination. But as many pointed out you would have more leverage in seeking a hotel reimbursement for the delay rather than doing a chargeback because you could not afford a hotel.
Thank you for your reply. It's a little irrelevant but if you're curious I'm a broke college student and have apparently been very lucky when flying in the past. There were also other personal reasons involved in making the trip asap. Also, a hotel, cab, and bus ticket in Vegas came to much more than $75. But, I definitely will not fly without a substantial emergency fund twice.

After speaking with Chase Bank I did not believe that it was abuse of the system. I had never done a chargeback and Chase suggested it after I told them what I wrote here.. It was not meant to be a loan but a refund as I was told by Chase. Now, I'm fully aware that this was incredibly unorthodox.

Anywho, I think I'll just let the whole thing go.
 
Likes: Patina
Jan 5, 2017
9
7
3
28
#13
Congrats on your friend's baby! A single call to Allegiant (or any merchant) is not a "good faith" effort. That's moot, because when you purchase an airline ticket, you agree to the terms of the airline's Contract of Carriage. Allegiant's is pretty standard for all airlines. Specifically, section 85c states:

Carrier will attempt to transport passengers and their baggage promptly and as scheduled. Flight schedules, however, are subject to change without notice, and the times shown in or on Carrier's published schedules and advertising are not guaranteed. At times, without prior notice to passengers, Carrier may need to substitute other aircraft or airlines and may change, add, or omit intermediate or connecting stops. Carrier cannot guarantee that passengers will make connections to other flights of its own or those of other airlines. In the event of flight schedule changes, Carrier will attempt to so notify affected passengers as soon as possible at the airport or enroute.

Allegiant *did* deliver as mutually agreed by transporting you to LAS as ticketed, unfortunately not at the time you needed. Don't get me wrong...I'm no apologist for Allegiant but I agree this explains why Chase reversed the chargeback.

Being blacklisted by Allegiant might be a blessing in disguise! Their business model is to make profits from booking hotels, cars, vacation packages, etc. They call themselves a "Travel Club" and not an airline, and you probably noticed their booking webpages are very intensive in ads and "upsells". Their rock-bottom fares include numerous junk fees; often the total fare is very similar to AA, United, etc. unless your travel needs can dodge them. Since Allegiant makes profits on ancillary travel, they drop routes or cities on very short notice if "ground bookings" fall short. Sometimes flights never begin- a few years ago, Allegiant started selling flights from Monterey, Fresno, and Santa Maria (CA) to Hawaii. A few days before the first flights they suddenly announced they weren't starting. Thousands were left to make last-minute changes and purchase expensive, last-minute tickets on other airlines.

Allegiant does not have interline agreements- if something goes amok with your flights, you can't be rebooked on another airline but rebooked onto the next Allegiant flight with seats available. Many routes have one flight every 2-3 days, meaning it might be a week for an "available" flight ! Since they often use outlying airports, when a flight is cancelled or badly delayed the only recourse is traveling 1-2 hours to the "main" airport and buying a walk-up fare on another airline.

The biggest concern is maintenance. Compared to other airlines, Allegiant has a much higher rate of maintenance cancellations and delays. About 5 years ago, thousands were stranded after the FAA grounded their 757 fleet due to maintenance concerns. Also, google the recent series of Tampa Bay Times articles. Allegiant has a 4x higher rate of emergency landings than the major airlines, mostly due to older planes not receiving a higher level of maintenance and inspections.
Thank you for all of the info! Well, I believe that I learned my lesson.. Timelines aren't guaranteed and once the flight is over you are no longer the airline's problem. Got it :)

I did honestly know that Allegiant was not the greatest airline to fly but geez were they cheap.. Of course, you get what you pay for. I didn't know that they were this bad. I was just reading about their frightening emergency landings and maintenance issues. It's definitely inspiration to do more research on airlines before flying.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
12,704
12,701
113
New York
www.promalvacations.com
#15
The bank will file a chargeback for you which is only temporary until they contact the supplier to see what their side of the story is. When the airline proved it delivered their requirement which is to get you to your final destination. So they delivered the service you paid for.

The credit you received was a temporary credit allowing you to use that money until the investigation is complete. If they find in your favor, the credit is made permanent. In this case they rightly determined that Allegiant provided the service and reversed the credit.

Here is what their terms state about delays and cancellations;

  1. Except to the extent provided in Article 85.A. above, Carrier shall not be liable for any failure or delay in operating any flight due to causes beyond Carrier's control, including but not limited to, acts of God, governmental actions, fire, weather, mechanical difficulties, Air Traffic Control, strikes or labor disputes, or inability to obtain fuel for the flight in question. Carrier shall use its best efforts to notify all affected passengers promptly of planned schedule changes and service withdrawals.
  2. Carrier will attempt to transport passengers and their baggage promptly and as scheduled. Flight schedules, however, are subject to change without notice, and the times shown in or on Carrier's published schedules and advertising are not guaranteed. At times, without prior notice to passengers, Carrier may need to substitute other aircraft or airlines and may change, add, or omit intermediate or connecting stops. Carrier cannot guarantee that passengers will make connections to other flights of its own or those of other airlines. In the event of flight schedule changes, Carrier will attempt to so notify affected passengers as soon as possible at the airport or enroute.
 
Jan 5, 2017
9
7
3
28
#16
The bank will file a chargeback for you which is only temporary until they contact the supplier to see what their side of the story is. When the airline proved it delivered their requirement which is to get you to your final destination. So they delivered the service you paid for.

The credit you received was a temporary credit allowing you to use that money until the investigation is complete. If they find in your favor, the credit is made permanent. In this case they rightly determined that Allegiant provided the service and reversed the credit.

Here is what their terms state about delays and cancellations;

  1. Except to the extent provided in Article 85.A. above, Carrier shall not be liable for any failure or delay in operating any flight due to causes beyond Carrier's control, including but not limited to, acts of God, governmental actions, fire, weather, mechanical difficulties, Air Traffic Control, strikes or labor disputes, or inability to obtain fuel for the flight in question. Carrier shall use its best efforts to notify all affected passengers promptly of planned schedule changes and service withdrawals.
  2. Carrier will attempt to transport passengers and their baggage promptly and as scheduled. Flight schedules, however, are subject to change without notice, and the times shown in or on Carrier's published schedules and advertising are not guaranteed. At times, without prior notice to passengers, Carrier may need to substitute other aircraft or airlines and may change, add, or omit intermediate or connecting stops. Carrier cannot guarantee that passengers will make connections to other flights of its own or those of other airlines. In the event of flight schedule changes, Carrier will attempt to so notify affected passengers as soon as possible at the airport or enroute.
Thank you so much for the additional info.

I bet the list of what they are liable for is very small :) Question, you and Kahhss stated that mechanical failure warrants accommodations provided by the airliner. Is that not correct or is that just for some airlines?
 
Jan 5, 2017
9
7
3
28
#17
I'm not sure why you've posted this same email twice (http://forum.elliott.org/threads/need-help-with-bank-airline-dispute.4827/#post-52846) and one of these threads should be closed so I'll copy and paste my answer from the other thread.

To ensure I understand the issue:

Your flight from Hawaii to Las Vegas was 3 hours late so you missed the last bus home. You're told by an employee that Allegiant can provide compensation or a hotel in Las Vegas once you get there but no one is there. So you decided to try to reverse the charges but that has failed.

Assuming this is correct, the first thing to know is that no airline provides hotel stays for passengers once they get them to their final destination as a matter of course. If this were due to a mechanical issue or the crew not showing up then you would have been due a hotel/meals in Hawaii. Of course if the delay was due to weather the airline doesn't own anything. Either way, once you get to Vegas the airline has fulfilled its duties under their CoC and don't owe anything else. Nor are they generally responsible for any damages (like a missed bus) if the flight is late. That's always been true for large and small losses - just ask the people who missed $5000 cruises because their flight was late. The airline doesn't compensate them either.

So do you know why the airline's flight was delayed? That provides us some help in trying to figure out where to direct you.

Now if the delayed flight was due to something the airline could control (like a mechanical issue) you would have good cause to use the contacts on this site (starting with Allegiant's customer care) to ask for a refund in the amount of the bus fare and/or hotel room. After all, you were late and that's under their control (if it's weather there's little point in asking since that's not under their control). So we would recommend a concise, polite email to the airline's customer care with bullet points to state why you think they should compensate you. You'd wait a week for an answer and if you didn't get one (or one that was acceptable) you'd escalate to the next level, wait a week, rinse and repeat. Eventually hopefully you'd get high enough up the ladder that someone would provide some compensation.

But instead you decided to try to charge this back and think that's where we're going to run into a roadblock. Chase actually is correct here - the chargeback should be denied because Allegiant provided services. Nor would I consider one 11 PM phone call to customer care asking that they immediately get you a hotel room "working" with the airline to resolve this issue. You pursued the nuclear option and now without a good case history the claim has been denied.

So I hate to be the bearer of bad news but this case may be over before it begins here. You can try the above customer care approach above - which is the suggested method - but at this point I think they'll probably deny you because you attempted to charge this back. I don't really have any other good suggestions. If the reason the flight was late is due to something under the control of the airline you may still want to give this a shot. If not, it's probably not even worth your time because the chances of being successful are exceedingly slim. Again, I don't like providing bad news but between the nature of the issue - which is something that airlines don't typically compensate for - and your approach in solving it - we don't recommend using chargebacks unless it's the last resort - there's not many places for us to go on this one.


PS - I hope you called the cops on the airport employee but that's not something that's Allegiant's fault (unless it was their employee) or something I'd put in a communication to them.
Thank you for the plethora of information. You definitely helped to give me a better idea of airline rules and regulations. I absolutely took a much too informal radical approach in the heat of the moment. Facing my options, I believe that I'll just cut my losses, move on, and learn from this.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
12,704
12,701
113
New York
www.promalvacations.com
#18
There was no flight cancellation due to mechanical failure. You were late, not canceled. That's the difference and where you fall into the "flight schedules are subject to change."

If you never left HNL they would have owed you a hotel room. Your flight was merely delayed and just took off late, it wasn't canceled.

Airport employees will tell you anything to get you out of their hair.
 
Likes: jsn55
Jan 5, 2017
9
7
3
28
#19
@Tiara Sampson Unfortunately no airline accepts responsibility for consequential damages. Any damages (like a hotel room) as a result of delivering you late to LAS would fall into the consequential damages category because it was your final destination with the airline.

At some level, Chase actually did you a favor by not allowing your chargeback to go through. Since you took the flight and the airline delivered you to your destination, they completed their contract and your chargeback might fall into the fraud category (banks actually have a term for it "friendly fraud").

It doesn't appear that you ever attempted to reach out to Allegiant. After an unsuccessful chargeback, they probably won't be inclined to do anything but you might try that. Its one of the reasons we suggest that you use the chargeback as your last recourse not your first.

Good luck
Hello,

For someone who doesn't travel often, it really feels like common sense that they would offer a hotel room after delivering you late. I guess I have much to learn. I did attempt to reach out to Allegiant. I called them before my flight but didn't get through after an hour, I spoke to an Allegiant rep before my flight, and called and spoke to Allegiant while in Vegas.

I get what you mean, it is a radical last option. Without the luxuries of time and money, it definitely felt like my last recourse. Trust me, I spent hours exhausting my options. Of course, I got myself into that situation but, did what I did to get out.

I guess it's time to pay for the consequences :) Thank you for the reply.
 
Last edited:
Jan 5, 2017
9
7
3
28
#20
There was no flight cancellation due to mechanical failure. You were late, not canceled. That's the difference and where you fall into the "flight schedules are subject to change."

If you never left HNL they would have owed you a hotel room. Your flight was merely delayed and just took off late, it wasn't canceled.

Airport employees will tell you anything to get you out of their hair.
Got it. You guys spoke in regards to delays, that's where it was confusing.

Ha. I am sure that is the truth.