Proof of payment

A group of air passengers had their flight cancelled. The passengers demanded a refund for their plane tickets, but the air carrier claimed they had already been refunded. The transfer had been made to the same payment card used to purchase the tickets.

Responsibility for documentation

The Danish Eastern High Court decided that the passengers were responsible for proving the lack of refund, especially since the air carrier had already presented documentation that they had completed the transfer. Therefore, the passengers could not simply deny receiving the payment, and the Court found that a refund had occurred.

The Court emphasized that the air carrier had transferred the amount to the original payment card and that they could refer to several printouts from their internal system. The Court also highlighted that the air carrier had encouraged the passengers to contact their bank to locate the payment. However, the passengers never did so.

IUNO’s opinion

The case demonstrates that it is the passengers’ responsibility to document that they have not received a refund if the air carrier has presented evidence to the contrary.

IUNO recommends that air carriers consider this ruling when a passenger denies receiving a refund. The ruling indicates that it may be sufficient for the air carrier to prove that a refund has been made to the card used by the passengers for payment. This has significant practical implications, as refunds for plane tickets usually occur automatically.

[Eastern High Court judgment of January 26, 2024, in case BS-40185/2023-OLR]