US DOT rule applicability
#106
Join Date: Apr 2020
Posts: 3
Consumer NZ has provide some input:
Every ticket bought for an Air New Zealand flight to and from the US should be refunded as a result of cancellations due to the coronavirus, said Consumer NZ head of research Jessica Wilson.
"We've been in contact with the US Department of Transportation about this. It doesn't matter where you bought the ticket, it's a fact of the flight being the US.
"The refund obligation applies to all ticketed passengers on flights to and from the US, regardless of where the individual purchased their ticket or their citizenship."
Every ticket bought for an Air New Zealand flight to and from the US should be refunded as a result of cancellations due to the coronavirus, said Consumer NZ head of research Jessica Wilson.
"We've been in contact with the US Department of Transportation about this. It doesn't matter where you bought the ticket, it's a fact of the flight being the US.
"The refund obligation applies to all ticketed passengers on flights to and from the US, regardless of where the individual purchased their ticket or their citizenship."
#107


Join Date: Dec 2001
Location: Auckland, New Zealand
Programs: NZ *G
Posts: 483
See also:
https://www.stuff.co.nz/business/mon...is-consumer-nz
It appears from the story that Air NZ has finally conceded this issue.
https://www.stuff.co.nz/business/mon...is-consumer-nz
It appears from the story that Air NZ has finally conceded this issue.
#108


Join Date: Feb 2016
Programs: NZ Silver A3 Gold Qantas Gold Accor Platinum
Posts: 233
See also:
https://www.stuff.co.nz/business/mon...is-consumer-nz
It appears from the story that Air NZ has finally conceded this issue.
https://www.stuff.co.nz/business/mon...is-consumer-nz
It appears from the story that Air NZ has finally conceded this issue.
NZ6/NZ2 qualifies for refund under DOT and will be fully refunded now.
NZ2/NZ2 does not as a point to point ? can't really see the difference, really a thin straw between the two.
Even thought the LAX/LHR section of the ticket is no longer operating the ticket remains live and any changes or cancellation will incur the normal fees.
The ticket will remain live until cancelled which is unlikely till very close to the date of the flight. Policy on this changes daily so probably best leave it as it is.
As about policy and redemption of credits told not really any so became a non starter for me as don't do things that I no nothing about.
So in short have a live ticket, partly cancelled, but not fully cancelled, AIRNZ has my money for few more months. Cannot do a DOT or chargeback as do not have an actual cancellation to do so. Game, set, match to NZ
I really did feel sorry for the front line staff who to me seemed tired, under stress and having to implement policy that they do not agree with, while the puppet masters sit in thier ivory towers. Greg Foran needs to spend sometime on the phones to get perspective. Policy seems to be on the hoof with no real thought to 1,2,3 order effects, customer loyalty and plain common sense. IMHO Govt needs to get real grip and give poor AIRNZ real timelines to get the internal network fired up as the virus is now well contained and very low risk.
Last edited by ClanJ; Apr 24, 2020 at 3:27 am
#110
Original Poster




Join Date: Mar 2008
Posts: 677
Pretty deplorable to be still selling tickets on the LAX-LHR sector and not cancelling it right away when they have every intention NOT to operate that flight. NZ is being less than transparent and in my eyes pretty deceitful towards their customers as well. When the airline has full knowledge that they no longer intend to provide those services why are they trying to wait to see if the customer will cancel first? Surely we know this game that they are trying to play.
#111
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https://europa.eu/youreurope/citizen...r/index_en.htm
https://en.wikipedia.org/wiki/Flight...ion_Regulation
https://paxex.aero/2020/03/eu261-rel...virus-covid19/
#112

Join Date: Sep 2017
Programs: Air NZ Koru, Air NZ ELT *G, IHG Spire Ambassador, Emirates, Flying Blue, QANTAS Club
Posts: 445
Pretty deplorable to be still selling tickets on the LAX-LHR sector and not cancelling it right away when they have every intention NOT to operate that flight. NZ is being less than transparent and in my eyes pretty deceitful towards their customers as well. When the airline has full knowledge that they no longer intend to provide those services why are they trying to wait to see if the customer will cancel first? Surely we know this game that they are trying to play.
#113
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,253
Yes, EC261. Not sure of the applicability in circumstances of COVID19:
https://europa.eu/youreurope/citizen...r/index_en.htm
https://en.wikipedia.org/wiki/Flight...ion_Regulation
https://paxex.aero/2020/03/eu261-rel...virus-covid19/
https://europa.eu/youreurope/citizen...r/index_en.htm
https://en.wikipedia.org/wiki/Flight...ion_Regulation
https://paxex.aero/2020/03/eu261-rel...virus-covid19/
US DOT rules apply for all flights to or from the US (as well as within).
EC 261/2004 only applies to non-EU carriers for departures from the EU.
However, that may not make a difference. If one holds a ticket NZ-EU-NZ, and the return is cancelled, the whole ticket is subject to the Regulation's refund provisions.
#114
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,253
Pretty deplorable to be still selling tickets on the LAX-LHR sector and not cancelling it right away when they have every intention NOT to operate that flight. NZ is being less than transparent and in my eyes pretty deceitful towards their customers as well. When the airline has full knowledge that they no longer intend to provide those services why are they trying to wait to see if the customer will cancel first? Surely we know this game that they are trying to play.
If the specific flight is still scheduled, then the refund rule does not apply. Simply wait until the flight is cancelled and then request your refund.
#115
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No.
US DOT rules apply for all flights to or from the US (as well as within).
EC 261/2004 only applies to non-EU carriers for departures from the EU.
However, that may not make a difference. If one holds a ticket NZ-EU-NZ, and the return is cancelled, the whole ticket is subject to the Regulation's refund provisions.
US DOT rules apply for all flights to or from the US (as well as within).
EC 261/2004 only applies to non-EU carriers for departures from the EU.
However, that may not make a difference. If one holds a ticket NZ-EU-NZ, and the return is cancelled, the whole ticket is subject to the Regulation's refund provisions.
I'll quibble - my response was to Ged 's question:
Does Europe have any similar laws to USA DOT as in applicability for flying into and out of ? or do the euro DOT equivalent only cover flights within the regions.
You have provided some useful detail on applicability, so great....
Last edited by Thai-Kiwi; Apr 24, 2020 at 8:30 pm
#116
Join Date: Apr 2020
Posts: 5
Been successful in securing my full refund for flights to and from the USA from the deceitful AirNZ today.
Everyone who is struggling please complain to US Department of Transportation. Its a very simple, easy form and a real person with a real email address will respond and confirm that you are indeed due a refund.
Additionally, when they have enough complaints the US DoT will take enforcement action against AirNZ.
Once you have that email from US DoT, AirNZ someone seems to find the policy that they can indeed provide you with a refund.
Good luck, stay safe and contact US DoT and look forward to your full refund from Air NZ. Accept nothing less! After all, who knows if they will still be around when you want to use your credit!
Everyone who is struggling please complain to US Department of Transportation. Its a very simple, easy form and a real person with a real email address will respond and confirm that you are indeed due a refund.
Additionally, when they have enough complaints the US DoT will take enforcement action against AirNZ.
Once you have that email from US DoT, AirNZ someone seems to find the policy that they can indeed provide you with a refund.
Good luck, stay safe and contact US DoT and look forward to your full refund from Air NZ. Accept nothing less! After all, who knows if they will still be around when you want to use your credit!
#117
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Join Date: Mar 2005
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Been successful in securing my full refund for flights to and from the USA from the deceitful AirNZ today.
Everyone who is struggling please complain to US Department of Transportation. Its a very simple, easy form and a real person with a real email address will respond and confirm that you are indeed due a refund.
Additionally, when they have enough complaints the US DoT will take enforcement action against AirNZ.
Once you have that email from US DoT, AirNZ someone seems to find the policy that they can indeed provide you with a refund.
Good luck, stay safe and contact US DoT and look forward to your full refund from Air NZ. Accept nothing less! After all, who knows if they will still be around when you want to use your credit!
Everyone who is struggling please complain to US Department of Transportation. Its a very simple, easy form and a real person with a real email address will respond and confirm that you are indeed due a refund.
Additionally, when they have enough complaints the US DoT will take enforcement action against AirNZ.
Once you have that email from US DoT, AirNZ someone seems to find the policy that they can indeed provide you with a refund.
Good luck, stay safe and contact US DoT and look forward to your full refund from Air NZ. Accept nothing less! After all, who knows if they will still be around when you want to use your credit!
Thanks for your contribution. TK
#118


Join Date: Mar 2014
Location: Wellington
Programs: AIRNZ Elite only
Posts: 1,653
Been successful in securing my full refund for flights to and from the USA from the deceitful AirNZ today.
Everyone who is struggling please complain to US Department of Transportation. Its a very simple, easy form and a real person with a real email address will respond and confirm that you are indeed due a refund.
Additionally, when they have enough complaints the US DoT will take enforcement action against AirNZ.
Once you have that email from US DoT, AirNZ someone seems to find the policy that they can indeed provide you with a refund.
Good luck, stay safe and contact US DoT and look forward to your full refund from Air NZ. Accept nothing less! After all, who knows if they will still be around when you want to use your credit!
Everyone who is struggling please complain to US Department of Transportation. Its a very simple, easy form and a real person with a real email address will respond and confirm that you are indeed due a refund.
Additionally, when they have enough complaints the US DoT will take enforcement action against AirNZ.
Once you have that email from US DoT, AirNZ someone seems to find the policy that they can indeed provide you with a refund.
Good luck, stay safe and contact US DoT and look forward to your full refund from Air NZ. Accept nothing less! After all, who knows if they will still be around when you want to use your credit!
#119

Join Date: Sep 2017
Programs: Air NZ Koru, Air NZ ELT *G, IHG Spire Ambassador, Emirates, Flying Blue, QANTAS Club
Posts: 445
Responses from DOT and Air NZ
Filed a DOT complaint 16th April
DOT "replied" 28th April - it was a semi personalised response indicacting that based on the information provided at the time of the consumer complaint that Air New Zealand was required under DOT rules to provide a full refund.
Air NZ have replied 29th April direct to me, with a forwarded copy of my complaint to DOT and their response where they had authorised a full refund to my TA. Interesting instruction to AIR NZ from DOT
Case # DK__________
Dear Customer Relations Official:
Enclosed is a copy of a complaint that we recently received about your company. Under DOT rules, airlines are required to acknowledge receipt of this complaint to the complainant within 30 days and provide a substantive response to the complainant within 60 days. See 14 CFR 259.7(c). If your company has already received a copy of this complaint directly from the complainant or from another source, those deadlines are calculated from the date that you first received a copy of the complaint.
As this complaint is about an area that appears to fall under one of our rules, please send us a copy of your response(s) to the complainant and include the case number at the top of this communication.
Sincerely,
xxxxxxx xxxxx
U.S. Department of Transportation
Aviation Consumer Protection Division"As this complaint is about an area that appears to fall under one of our rules, please send us a copy of your response(s) to the complainant and include the case number at the top of this communication".
DOT "replied" 28th April - it was a semi personalised response indicacting that based on the information provided at the time of the consumer complaint that Air New Zealand was required under DOT rules to provide a full refund.
Air NZ have replied 29th April direct to me, with a forwarded copy of my complaint to DOT and their response where they had authorised a full refund to my TA. Interesting instruction to AIR NZ from DOT
Case # DK__________
Dear Customer Relations Official:
Enclosed is a copy of a complaint that we recently received about your company. Under DOT rules, airlines are required to acknowledge receipt of this complaint to the complainant within 30 days and provide a substantive response to the complainant within 60 days. See 14 CFR 259.7(c). If your company has already received a copy of this complaint directly from the complainant or from another source, those deadlines are calculated from the date that you first received a copy of the complaint.
As this complaint is about an area that appears to fall under one of our rules, please send us a copy of your response(s) to the complainant and include the case number at the top of this communication.
Sincerely,
xxxxxxx xxxxx
U.S. Department of Transportation
Aviation Consumer Protection Division"As this complaint is about an area that appears to fall under one of our rules, please send us a copy of your response(s) to the complainant and include the case number at the top of this communication".
#120
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DOT does not deal with typical customer service issue. Therefore, the complaint is screened to determine jurisdiction first. If this falls within DOT's jurisdiction, then DOT can order for the response.
But again - the response will mostly mention that the airline has reached a amicable solution with the complainant and the matter in question has been resolved. This is to avoid accept any liabilities.
But again - the response will mostly mention that the airline has reached a amicable solution with the complainant and the matter in question has been resolved. This is to avoid accept any liabilities.

