Avianca - fully refundable ticket but no refund
 

I booked an avianca flight from Sao Paulo to New York, which cost about US$1000. I bought the most expensive, 100% flexible, fully flexible ticket. When I later cancelled it, I was told to fill out a form and I would receive a refund. I did that, and have called every 2 weeks for 3 months now, and am told every time that I will receive the money in 1 months time.

As it is 3 months on, it is now plainly obvious that I will never receive the money (the latest excuse is that it takes 60 working days for a bank to transfer money, which is obviously not true). I took the flight early april and still have not got the refund. Is there anything I can do about this? In my mind I have been stolen from and can do nothing about it. Does anyone have any suggestions?

I would query the charge with your credit card company...

Sadly if it's been three months you can no longer contest the charge. I'd give it a bit more time then there's always small claims court.

I'm confused a bit here. Did you take the flight as you state in your 2nd statement, if so, you are not entitled to anything. Now if you called and canceled and requested the refund before the flight operated, Avianca may have been able to act a bit quicker.

The querying your charge rules may vary according to which country or jurisdiction you live in. For example, there is no three month rule in the UK. Credit card companies in the uk are jointly and severally liable for the delivery of goods purchased with the card, as long as the purchase is over £100 ($140). They are in effect in the same position as the retailer, fully legally responsible for ensuring the goods are delivered to the standard specified. It is one of the main reasons I always use a credit card for travel purchases etc... in the event of bankruptcy or failure of any element of the service, you are totally covered.

As the flight was international, lets hope you were in a jurisdiction which allows this.