FlyerTalk Forums - View Single Post - Cathay Cancelled Flight - Refusing to Refund.......
Old Jun 28, 2015 | 8:20 pm
  #8  
percysmith
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I think clause 10.2.2 of the CoC comes into play:

http://downloads.cathaypacific.com/c...ge.pdf#page=24

10.2.2 Except as otherwise provided by the Warsaw Convention or the Montreal Convention or applicable law, if we cancel a flight, fail to operate a flight reasonably according to the schedule, fail to stop at your destination or Stopover destination, or cause you to miss a connecting flight on which you hold a confirmed reservation, we shall, at your option, either:
10.2.2.1 carry you at the earliest opportunity on another of our scheduled services on which space is available without additional charges and; where necessary, extend the validity of your Ticket; or
10.2.2.2 within a reasonable period of time re-route you to the destination shown on your Ticket by our own services or those of another Carrier, or by other mutually agreed means and class of transportation without additional charge. If the fare, and charges for the revised routing are lower than what you have paid, we shall refund the difference;
10.2.2.3 or make a refund in accordance with the provisions of Article 11;
Can 10.2.2.2 apply to entitle OP to travel on Qantas?
Or since no "re-route" has occurred (only a re-issue?) OP only has rights to the next CX flight?

If the former than OP has claim against CX for contractual breach, the liquidated damage being the cost of the QF one-way ticket and reinstatement of the return leg (which is now flown out of sequence).
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