Due to a technical failure I was unable to rebook my flight
Upvote:4
You can certainly ask. They may refund you or refuse. Unfortunately most airlines these days will drag their feet on refunds regardless if they are legally required to pay or not. It's just very hard to force them and they know it. They often try to makes this as tedious and complicated as possible, in the hopes that you will simply give up (which many people eventually do).
I would probably send a certified letter by mail stating that you were not able to exercise your rights to rebook due to a technical failure on their part. Add as much supporting documentation as you can. Ideally you would have transcripts of the phone calls and copies of the e-mail.
In parallel: give them a call. If you are lucky you may find a sympathetic agent. If they decline, ask for a supervisor. You can use some key terms like "Sunair has violated their own terms and conditions" , "Sunair prevented be from exercising my legal rights". This has no real legal relevance but its mumbo-jumbo to soften up the agent increase their risk-assessment of potential legal action.
Then follow up until you get your refund or you run out of energy. You could consider legal action but whether this makes sense depends on your local legal environment (and associated cost).
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