Lawsuit for DEFACTO CANCELLATION
#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?
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?
#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?
$90 / $1000 seems ridiculously low, is it only part of the ticket?
#5
FlyerTalk Evangelist
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#6
Join Date: Sep 2005
Location: TPE / HSZ
Programs: CX MPO GO (=SPH), IHG Spire Amb, Hertz 5*, National Emerald Club
Posts: 5,121
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).
#7
Join Date: Nov 2017
Programs: MPC-DM, Enrich-Plat
Posts: 720
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?
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?
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.
#10
Ambassador, Hong Kong and Macau
Join Date: May 2009
Location: HKG
Programs: Asia Miles. Not bothering to join Marco Polo.
Posts: 16,962
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?
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?
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.
Last edited by percysmith; Mar 13, 20 at 12:30 am
#11
FlyerTalk Evangelist
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Maybe OP will find this helpful:
ChooseHKLawyer
It is the official find a lawyer site of the HK law society.
ChooseHKLawyer
It is the official find a lawyer site of the HK law society.
#12
Ambassador, Hong Kong and Macau
Join Date: May 2009
Location: HKG
Programs: Asia Miles. Not bothering to join Marco Polo.
Posts: 16,962
Maybe OP will find this helpful:
ChooseHKLawyer
It is the official find a lawyer site of the HK law society.
ChooseHKLawyer
It is the official find a lawyer site of the HK law society.
#13
Join Date: Jun 2011
Location: NYC
Programs: AA GLD, AC
Posts: 2,832
#14
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;
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;
#15
FlyerTalk Evangelist
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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.