AeroMexico admits it made a mistake but doesn’t correct it. No refund due.

By | December 12th, 2016

This case should have been a slam-dunk for David Garcia-Solorzano, if not also for our advocacy team. Instead, I’m sorry to say it’s going into the “Case Dismissed” file.

Garcia-Solorzano’s story is an important reminder that you can be right and still come up short, especially in the airline world.

Last summer, Garcia-Solorzano booked two tickets on AeroMexico using two separate credit cards. One of the credit cards didn’t go through. “I was told to call customer service to complete the purchase,” he says.

When Garcia-Solorzano phoned the carrier, a representative informed him that the system did not recognize the card.

“I thought that it was strange since in March I bought tickets for my family and myself to travel in May,” he says. So he called his credit card company. Still no luck. Finally, he offered AeroMexico another credit card number. Success!

AeroMexico charged him $878.

“The next morning, I noticed on their website that the same two tickets for the same travel dates now cost $632,” he says. “I called customer service in regards to their 24-hour guarantee and I was told that policy only applies if the purchase was made on the website. As I just explained, I could not make the purchase on the website because the card was not recognized by the system.”

By the way, here’s the 24-hour guarantee. It only applies to U.S. tickets, and you can thank the Department of Transportation for it.


Garcia-Solorzano wants a refund. AeroMexico refused, initially saying it was because the 24-hour rule only applied to tickets purchased online.

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Our advocacy team contacted AeroMexico and it corrected itself.

“Let me apologize for the incorrect information that was provided to you by our representative about the 24-hour refund policy,” a representative told Garcia-Solorzano. “As you mention, they should have honored it even if the purchase was not made online.”

But AeroMexico refused to budge on Garcia-Solorzano’s request.

“Unfortunately there is nothing we can do,” a representative said. “The tickets were used.”

Well, of course they were used.

This is classic false airline logic. After the initial hassle of booking the ticket, it refused to let him cancel and rebook at a cheaper flight because it said his ticket didn’t qualify. But it did qualify. Now, AeroMexico says it won’t refund the difference because he used a ticket that it more or less forced him to use.

Go figure.

There’s only one place to turn: The U.S. Department of Transportation. Only they can sort out this mess and hold AeroMexico’s feet to the fire.

This one kind of reminds me of that Austrian Airlines case, where they weighed a passenger’s luggage and sent it down the conveyor belt before she could repack the bag. Too late!

Only, if the DOT does its job, it may not be too late. I’ll report back on this case soon, which, come to think of it, may not be a “Case Dismissed” after all.

Should AeroMexico have given David Garcia-Solorzano a refund?

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  • Alan Gore

    Four people think that this is the right way to do business?

  • Now up to 7 people . . . . I just hope I’m not doing business with any of them!

  • Harvey-6-3.5

    Maybe we need a special national small claims court for airlines and hotels, where disgruntled passengers could submit their claims, when rejected by the airlines, for review for a small percentage fee, that could compel payment by the airlines.

  • Bill___A

    Not only should they refund, but they should be charged a penalty for inconveniencing so many people. I never, ever plan to go to Mexico, but if I did, it surely wouldn’t be on these guys. Maybe this is the Mexican way to do business.

  • AAGK

    This is the most unfair thing I have ever read. Aeromexico is actually punishing its PAX for failing to correct its own error despite the OP’s repeated requests. Aero deserves the punishment. I hope this case makes its way to the DOT for a big fine.

  • Michael__K

    The 24-hour refund rule applies to all channels ‘marketed to US consumers’ by the airline, not just websites. If this was a flight to or from the US, and if he dialed one of the designated contact phone numbers from the United States, then the 24 hour rule ought to apply, no matter what AeroMexico claims to the contrary.

  • Michael__K

    Tangential issue: every Covered Carrier must post a Customer Service Plan on its website, per 14 CFR 259.5. The Customer Service Plan is supposed to cover various policies, including the 24 hour cancellation rule and the timely refund rule there.

    It looks like AeroMexico is in the midst of upgrading their website at the moment (most pages reroute to beta.aeromexico.com) , and it does not appear to be possible to navigate to their current US Customer Service Plan at this time. Might be worth pointing this out to the DOT.

  • LeeAnneClark

    They’re Aeromexico employees. ;)

  • disqus_00YDCZxqDV

    He’s lucky Aeromexico didn’t just keep all his money and give him no tickets at all !

  • PsyGuy

    Another option would be small claims court, which would likely be easier and faster.

  • PsyGuy

    We already have one it’s called Chris Elliott.

  • The Original Joe S

    on the belt too late? Hogwash! I fly an Asian airline, and they retrieved the bag for me after it went down the belt. That’s the difference between a GOOD airline and the US flagged ones.

    AeroMexico – off the radar for me!

  • jim6555

    The problem is that the Court of Chris Elliott doesn’t have the legal power to force Aeromexico or any other company that cheats the public to do the right thing.

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