Lawsuit for DEFACTO CANCELLATION

Old Mar 11, 20, 11:10 pm
  #1  
Original Poster
 
Join Date: Mar 2020
Posts: 1
Lawsuit for DEFACTO CANCELLATION

Anyone aware of a class action against Cathay? I am looking for an attorney who can file a suit based on Cathay’s unwillingness to provide a proper refund for flights that can only be cancelled.

All other options to change the flight required a large up-charge - flights unavailable beyond a certain date. No option but to cancel. Now given a $90 refund on a $1000 ticket.

Based on principles of good business practice and customer advocacy , I would like to proceed with a CLASS ACTION lawsuit.

anyone know solicitors that would organize an effort to curb Cathay’s poor customer service and policies?
Kilo5117 is offline  
Old Mar 11, 20, 11:36 pm
  #2  
 
Join Date: Dec 2008
Location: AUS, WAS, PEK
Programs: FlyingBlue Gold, United Gold
Posts: 1,044
Without giving details, no one can help you. What flights are you currently booked on? Why can't you cancel them without penalty under the current (massive) travel waivers?
nancypants and M60_to_LGA like this.
lixiaojuventus is offline  
Old Mar 11, 20, 11:44 pm
  #3  
 
Join Date: Dec 2001
Location: China
Posts: 1,516
And in which jurisdiction? You say $ but is that HK, US, Canada, NZ...?
nancypants likes this.
peasant is offline  
Old Mar 12, 20, 4:41 am
  #4  
 
Join Date: Sep 2017
Location: Hong Kong
Posts: 137
For my ticket I got 100% of what I paid back, and for a partially used ticket I got a good portion of the fare back that I didn't even try to ask for more.
$90 / $1000 seems ridiculously low, is it only part of the ticket?
sparkj is offline  
Old Mar 12, 20, 5:10 am
  #5  
FlyerTalk Evangelist
 
Join Date: Nov 2009
Location: Earth. Residency:HKG formerly:YYZ Business: ATL, PVG, PEK, CAN, SZX, MNL, SIN, KUL, BKK, SGN, CPT, UIO
Programs: CX, DL, Nexus/GE, APEC
Posts: 10,256
Originally Posted by Kilo5117 View Post
...
anyone know solicitors that would organize an effort to curb Cathay’s poor customer service and policies?
I think they are too busy chasing ambulances.
nancypants likes this.
tentseller is offline  
Old Mar 12, 20, 5:25 am
  #6  
 
Join Date: Sep 2005
Location: TPE / HSZ
Programs: CX MPO GO (=SPH), IHG Spire Amb, Hertz 5*, National Emerald Club
Posts: 5,121
Originally Posted by Kilo5117 View Post
Anyone aware of a class action against Cathay? I am looking for an attorney who can file a suit based on Cathay’s unwillingness to provide a proper refund for flights that can only be cancelled.
I believe it is CX's general policy that if one of your flights is cancelled, you can ask for a full refund (or prorated partial refund if the ticket is partially used).
ernestnywang is offline  
Old Mar 12, 20, 8:49 am
  #7  
 
Join Date: Nov 2017
Programs: MPC-DM, Enrich-Plat
Posts: 720
Originally Posted by Kilo5117 View Post
Anyone aware of a class action against Cathay? I am looking for an attorney who can file a suit based on Cathay’s unwillingness to provide a proper refund for flights that can only be cancelled.

All other options to change the flight required a large up-charge - flights unavailable beyond a certain date. No option but to cancel. Now given a $90 refund on a $1000 ticket.

Based on principles of good business practice and customer advocacy , I would like to proceed with a CLASS ACTION lawsuit.

anyone know solicitors that would organize an effort to curb Cathay’s poor customer service and policies?
Dream on, do you really think, courts would grand you money, given the large scale existential issues for airlines ?

CX does have one of the most generous cancel policies, so I really think, your flight can somehow continue, even when you might have some nuisances due to rescheduling. Whenever you might be denied or put in quarantine at your ticket destination, you can cancel with a full refund.
Sozee, thomas164, flubber and 6 others like this.
Cambo is offline  
Old Mar 12, 20, 6:37 pm
  #8  
 
Join Date: Oct 2010
Location: Hong Kong
Programs: Marco Polo
Posts: 96
Also, maybe OP is outside HK, but HK doesn’t have class action suits. You can go to the Small Claims Tribunal, but presumably Cathay’s contracts are airtight, so probably a waste of time...
dietevil is offline  
Old Mar 12, 20, 7:35 pm
  #9  
A FlyerTalk Posting Legend
 
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 48,784
Bermuda $?

What on earth is OP talking about, what route, how did he pay and how is it that when others are obtaining refunds, he isn't?
Often1 is offline  
Old Mar 12, 20, 7:58 pm
  #10  
Ambassador, Hong Kong and Macau
 
Join Date: May 2009
Location: HKG
Programs: Asia Miles. Not bothering to join Marco Polo.
Posts: 16,962
Originally Posted by Kilo5117 View Post
Anyone aware of a class action against Cathay? I am looking for an attorney who can file a suit based on Cathay’s unwillingness to provide a proper refund for flights that can only be cancelled.

All other options to change the flight required a large up-charge - flights unavailable beyond a certain date. No option but to cancel. Now given a $90 refund on a $1000 ticket.

Based on principles of good business practice and customer advocacy , I would like to proceed with a CLASS ACTION lawsuit.

anyone know solicitors that would organize an effort to curb Cathay’s poor customer service and policies?
Given it's likely kilo5117 is/will be a drive-by ranter who won't come back, but has a relatively unique handle, not that hard to reverse engineer his case:

Country of residence: US https://www.flyertalk.com/forum/members/kilo5117.html . Probably Westport, CT https://sigtalk.com/legion-series/32...ma-issues.html

Nearest CX port will be JFK

US$1,000 ticket - Economy Save to or via HKG?

There is no refund policy made available for mere US-HK flights https://www.cathaypacific.com/cx/en_...s/refunds.html . We don't know whether he has an onward destination beyond HKG until (if) he comes back.

US$90 may only represent refund of taxes paid on his ticket.

Why "can only be cancelled"? A nationality requirement?

"I’m a citizen/passport holder flying to a country that has a travel restriction on my nationality. Can I get a refund?
We only offer refunds for flights to above countries. You can change your travel date or destination with no change fees, see Free rebooking for more details on how to change."

I have some reservations about above policy - I believe it is adequate grounds for credit card chargeback even if CX is not willing to provide refunds. If my speculation is correct, kilo5117 might wish to speak to his [US] credit card issuer rather than CX and compel a refund that way.
Cryofern likes this.

Last edited by percysmith; Mar 13, 20 at 12:30 am
percysmith is online now  
Old Mar 12, 20, 8:46 pm
  #11  
FlyerTalk Evangelist
 
Join Date: Nov 2009
Location: Earth. Residency:HKG formerly:YYZ Business: ATL, PVG, PEK, CAN, SZX, MNL, SIN, KUL, BKK, SGN, CPT, UIO
Programs: CX, DL, Nexus/GE, APEC
Posts: 10,256
Maybe OP will find this helpful:

ChooseHKLawyer

It is the official find a lawyer site of the HK law society.
tentseller is offline  
Old Mar 12, 20, 8:51 pm
  #12  
Ambassador, Hong Kong and Macau
 
Join Date: May 2009
Location: HKG
Programs: Asia Miles. Not bothering to join Marco Polo.
Posts: 16,962
Originally Posted by tentseller View Post
Maybe OP will find this helpful:

ChooseHKLawyer

It is the official find a lawyer site of the HK law society.
If my speculation is correct he is probably better suing in Connecticut Small Claims Court. But I don't advocate suing - charging back is so much more effective.
percysmith is online now  
Old Mar 12, 20, 10:19 pm
  #13  
 
Join Date: Jun 2011
Location: NYC
Programs: AA GLD, AC
Posts: 2,832
Originally Posted by Often1 View Post
Bermuda $?

What on earth is OP talking about, what route, how did he pay and how is it that when others are obtaining refunds, he isn't?
Bermuda $ = USD hehe

But yeah, based on the ranty thread title WITH incoherent CAPS, I assumed this would be a drive-by.
nancypants likes this.
M60_to_LGA is offline  
Old Mar 12, 20, 10:24 pm
  #14  
sxc
Moderator, Cathay Pacific
 
Join Date: Dec 2004
Programs: CX Green, QF Platinum, BAEC Silver, Hyatt Glob
Posts: 10,455
If the flight itself was cancelled (rather than the pax being unable to travel due to restrictions), doesn't CX's conditions of carriage allow for a full refund?

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;
sxc is offline  
Old Mar 13, 20, 2:13 am
  #15  
FlyerTalk Evangelist
 
Join Date: Nov 2009
Location: Earth. Residency:HKG formerly:YYZ Business: ATL, PVG, PEK, CAN, SZX, MNL, SIN, KUL, BKK, SGN, CPT, UIO
Programs: CX, DL, Nexus/GE, APEC
Posts: 10,256
Originally Posted by percysmith View Post
If my speculation is correct he is probably better suing in Connecticut Small Claims Court. But I don't advocate suing - charging back is so much more effective.
A chargeback is usually very effective. However, some cards have a limit of chargeback must be within 100 days of the charge.
When AC failed to issue a full refund for Mrs TS's cancelled (by AC) ticket, a chargeback was denied as it was over 100 days. Travel insurance (Allianze) on the card paid the difference.
tentseller is offline  

Thread Tools
Search this Thread
Search Engine: