FlyerTalk Forums - View Single Post - US DOT rule applicability
View Single Post
Old May 8, 2020 | 2:08 am
  #136  
Beano
All eyes on you!
10 Years on Site
 
Join Date: Mar 2014
Location: Wellington
Programs: AIRNZ Elite only
Posts: 1,659
Options

Originally Posted by frequent flyer007
Feel for you Beano. DoT's rules are VERY clear. "The Department’s rules regarding flight delays and cancellations apply only to flights that operate to, from, or within the United States" so you will be covered for both flights.

Additionally as Gary Kung pointed out you would be due a refund under NZ consumer laws as AirNZ are no longer flying this route so cannot offer you what paid for and your contract with them has been 'frustrated'. "
A frustrated contract is a contract that, subsequent to its formation, and without fault of either party, is incapable of being performed due to an unforeseen event (or events), resulting in the obligations under the contract being radically different from those contemplated by the parties to the contract."

Don't give up and don't back down!
thanks
There must be hundreds of passengers who just accept what Airnz say .
​​​​​​I assume DOT reply will be sufficient to sway the Airnz call centre for me but why should everyone have to complain to DOT when Airnz clearly know the Law ?
(I assume DOT will reply to all complaints)
Beano is offline