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Air NZ no refund on cancelled flights

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Old Jul 29, 2014, 2:14 am
  #1  
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Air NZ no refund on cancelled flights

I can't believe this. I had a Hamilton to Wellington and return the same day flight booked with Air NZ for a very important business meeting that morning. I arrived nice and early to only be told the flight was cancelled due to fog, and that I had an option to take the bus to Auckland to then catch a flight sometime later that day to Wellington. As this would get me into Wellington long after the meeting would be over, there was no point, and I declined. I was then told by the lady at the counter I would get a full refund.

I just checked my bank 2 weeks later to find they had not refunded me anything. I then called Air NZ, was put on hold several times only to be told I would only get a refund for the first flight, but I could only get a credit for the return flight. I insisted that I was entitled to a full refund as Air NZ did not provide the service contracted for, only to be again told that I could not get a refund for the return as it was a non-refundable ticket.

How can Air NZ get away with this? They did not get me to Wellington, so how can I not be entitled to a full refund? Anyone else have this experience?
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Old Jul 29, 2014, 2:46 am
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NZ have this covered under their conditions of carriage. Non-refundable fares remain non-refundable in the event of an uncontrollable-disrupt. (That is what travel insurance is for). You agree to the conditions of carriage when you purchase your ticket.

http://http://www.airnewzealand.co.n...cle-10-refunds

10.2.3 Where the cancellation, failure or misconnection referred to in Article 10.2.1 is as a result of circumstances beyond our control, whether you have checked in or not, you have the options set out in Article 9.2.1 except to the extent that any non-refundable portion of your Ticket will not be refunded and you may instead be entitled to a 12 month credit of the non-refundable part of the fare for future travel on us. We may deduct a reasonable service fee from the credit to cover our administration costs.
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Old Jul 29, 2014, 2:49 am
  #3  
 
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Did you opt out of the travel insurance? If so I don't see what grounds you have for a full refund.
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Old Jul 29, 2014, 3:08 am
  #4  
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Originally Posted by sbiddle
If so I don't see what grounds you have for a full refund.
A flight cancellation is not a good enough reason? Plus, being told that they would get a full refund?

How was the OP supposed to take the return, same-day flight (and who's to say that it was not also cancelled?), when they didn't operate the outbound, meaning that the OP could not travel to Wellington as booked, and any later arrival was of no use given that the delay meant that the journey was in vain?

This is not a case where the OP should rely on travel insurance. The airline owes a full refund. This does not sound like the Air NZ that I know.
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Old Jul 29, 2014, 3:13 am
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.....

Last edited by angatol; Feb 28, 2015 at 2:32 pm
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Old Jul 29, 2014, 3:23 am
  #6  
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Somewhere in here lies the detail....

http://www.airnewzealand.co.nz/condi...rs-and-baggage


ARTICLE 9: SCHEDULES AND CANCELLATION OF FLIGHTS
9.1 SCHEDULES
We undertake to use our best efforts to carry you and your Baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel. However, to do so, we may need to use a substitute aircraft, and/or the services of another Carrier or ground transportation operator ("Alternative Carrier"). We may also be obliged to change the time of flights, often for reasons beyond our control, and consequently, times shown in timetables cannot be guaranteed and thus form no part of your contract of carriage with us.

9.2 CANCELLATION AND RE-ROUTING
9.2.1 We reserve the right to substitute an aircraft and/or Alternative Carrier. If we cancel a flight, fail to operate a flight reasonably according to the schedule, fail to stop at your destination or Stopover, or cause you to miss a connecting flight on which you hold a confirmed reservation on a Conjunction Ticket, you shall have the option, subject to our agreement, either:
9.2.1.1 to be carried on another of our scheduled services on which space is available in the same class, or where space is not available, on the services of an Alternative Carrier, in either case without additional charge or refund to you; or
9.2.1.2 to be re-routed to the next Stopover or destination shown on your Ticket by our own services or those of an Alternative Carrier. If the fare and charges for the revised routing are lower than what you have paid, we shall refund the difference;
9.2.1.3 if neither of the above alternatives is acceptable to you, we will make a refund or provide a credit in accordance with the provisions of 10.2 and we shall have no further liability to you.
9.3 If we are unable to provide previously confirmed space, we shall provide compensation as required by any applicable law or pursuant to our denied boarding compensation policy. (Further information is available from us on request).
9.4 Notwithstanding 9.2.1, if you or your travelling companion/s cause a flight disruption for any reason, including medical emergency, that requires us to divert the aircraft and disembark you at an airport which is not on our normal route network (that is, to an airport where Air New Zealand does not operate its own aircraft) you will need to make your own arrangements and bear all costs of travelling for you and your companions from that airport to the Air New Zealand airport to resume your original itinerary or return to your point of origin on our services. Your Ticket’s fare rules will apply.
9.5 Subject to Article 17 of these Conditions, nothing contained in this Article 9 shall affect any rights you may have under the Consumer Guarantees Act 1993 (New Zealand) if it is applicable.
ARTICLE 10: REFUNDS

In cases where you are entitled to a refund or credit, we will refund or credit the fare paid for your Ticket, or any unused part of it, together with any applicable taxes, government & airport costs in accordance with the applicable fare rules or Tariff and the following additional rules:

10.1 TO WHOM REFUND MADE
10.1.1 Except as otherwise provided in this Article 10, we shall be entitled in our absolute discretion to make refund either to the person named in the Ticket or to the person who has paid for the Ticket, upon presentation of satisfactory proof of such payment.

10.1.2 If a Ticket has been paid for by a person other than the Passenger named in the Ticket, and the Ticket indicates that there is a restriction on refund, we shall make a refund only to the person who paid for the Ticket, or to that person's order.

10.1.3 Except in the case of a lost Ticket, refunds will only be made on surrender to us of the Ticket and all unused Flight Coupons.

10.2 DISRUPT / INVOLUNTARY REFUNDS
10.2.1 If we or any of Our Operators cancel a flight, fail to operate a flight reasonably according to schedule, fail to stop at your destination or Stopover, or cause you to miss a connecting flight on which you hold a confirmed reservation on a Conjunction Ticket, then subject to Article 10.2.3, the amount of the refund shall be:

10.2.1.1 if no portion of the Ticket has been used, an amount equal to the fare paid (including applicable taxes, government & airport costs notwithstanding the applicable fare rules);

10.2.2 If a portion of the Ticket has been used, the refund will be the higher of:

10.2.2.1 the one way fare (less applicable discounts and charges but including applicable taxes, government & airport costs notwithstanding the applicable fare rules) from point of interruption to destination or point of next Stopover; or

10.2.2.2 the difference between the fare paid and the fare for the carriage used (including applicable taxes, government & airport costs notwithstanding the applicable fare rules).

10.2.3 Where the cancellation, failure or misconnection referred to in Article 10.2.1 is as a result of circumstances beyond our control, whether you have checked in or not, you have the options set out in Article 9.2.1 except to the extent that any non-refundable portion of your Ticket will not be refunded and you may instead be entitled to a 12 month credit of the non-refundable part of the fare for future travel on us. We may deduct a reasonable service fee from the credit to cover our administration costs.

10.3 VOLUNTARY REFUNDS

10.4 REFUND ON LOST TICKET

10.5 RIGHT TO REFUSE REFUND

10.6 CURRENCY

10.7 BY WHOM TICKET REFUNDABLE

Last edited by Thai-Kiwi; Jul 29, 2014 at 7:08 am
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Old Jul 29, 2014, 3:29 am
  #7  
 
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Unless the return flight was a separate booking then perhaps the airline has some grounds to not give full refund. In any case, regardless of what T&Cs say, try to contact customer relations and they will get you sorted.
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Old Jul 29, 2014, 3:35 am
  #8  
 
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.....

Last edited by angatol; Feb 28, 2015 at 2:32 pm
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Old Jul 29, 2014, 4:04 am
  #9  
 
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Originally Posted by angatol
Can 10.2.3 really be legal in NZ? It's possible to fail to perform on a contract and have terms and conditions that deny a refund??
Absolutely where the airline has no control over the weather, the OP had a non-refundable ticket and had, I understand, opted out of the insurance cover.
I believe there is a difference between unable to fullfill for reasons beyond their control such as weather, runways closed for whatever reason and "failing" to fullfill which infers the airline may have had some influence or control of the circumstances surrounding the failure.
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Old Jul 29, 2014, 4:12 am
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.....

Last edited by angatol; Feb 28, 2015 at 2:33 pm
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Old Jul 29, 2014, 4:22 am
  #11  
 
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Domestic Insurance cover is ticked by default on all domestic tickets (which in itself is a controversial issue). You have to opt-out of this when booking a ticket by removing this from the sale.

Had the OP not opted out of the insurance my understanding of the policy is that it would have entitled a fully flexi refund on the non refundable fare.
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Old Jul 29, 2014, 12:47 pm
  #12  
 
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What annoys me is that you don't get any SP or APD for the cancelled flight either.
Earn is supposed to be now based on $ spent, you have spent the $ but still don't earn.
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Old Jul 29, 2014, 4:18 pm
  #13  
 
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Originally Posted by angatol
So if I buy a car in NZ and the container ship with my car on it sinks. The car dealer can just keep my money without providing a car? All they have to do is put a clause like that in their Ts&Cs.
Potentially. My study of contract law was some years ago now but following common law principles, if your particular car has been ascertained and earmarked for you, the contract contains no further direction on when title transfer is to take place then you bear the risk from the conclusion of the contract (which can be different to when you take delivery). You may have a case against the shipping company.

You can add all sorts of clauses to change the above of course but it remains, the example you suggest, although unlikely, is a possibility.
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Old Jul 29, 2014, 5:39 pm
  #14  
 
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OP didn't say, but I infer, that NZ also did not offer the 12-month credit either. If so, that is a poor show.
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Old Jul 29, 2014, 6:16 pm
  #15  
 
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while I have some sympathy for the OP, it makes sense to me that they would not refund on the 2nd flight. I'm making some assumptions here.. you could have got to Wellington (albeit not in time for your meeting) and therefore you could have taken the flight home. So therefore it would seem quite nice of them to offer you a credit on the return portion.

Having said all that, I'd be quite livid too It's easy to be calm and objective when the case referred to doesn't involve me!
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