Jun 19, 2013, 9:45 pm
Last edit by: fti
People, please edit/use the wiki so same questions are not always asked.
The current CTA decision on the Yangon deal is only for tickets canceled by SWISS Airlines for the seven merged complaints/companions and tickets canceled by Jet Airways for one complainant and companions
- It's not about other carriers because each carrier submits different tariffs.
- If you are not one of the complainants or their companions above who were mentioned in the respective cases, you need to submit a case yourself for hearing.
- There's currently one person who is on Iberia for CTA decision, one can either wait for results or submit a complaint to CTA.
Result of the current case for LX in brief is:
- CTA found 5(F) in the tariff used to be unclear for canceling tickets on erroneously quoted fares.
- 5(F) is unjust and unreasonable and must be revised or taken down by July 9, 2013 (or SWISS can appeal by then)
- SWISS did not use its tariff correctly to cancel the tickets.
- SWISS must compensate one complainant's First Class ticket and any related expenses by July 18, 2013 provided with evidence.
- SWISS must transport other complainants (and their companions) in the original price charged with same booking class and routing by June 18, 2014.
Result of the current case for 9W in brief is:
- Tariff on file had no clauses for "erroneous fares" and was updated subsequently, which means it is not relevant to this event
- Therefore, 9W is to reinstate the tickets with a 1-year validity for transport between the same points and the same booking class.
CTA official news can be read here for general overview of the case.
Actual CTA case review can be found here for reference should you wish to file a complaint.
If you have a similar case that's with SWISS, you need to file with CTA to get a result through informal process first before it gets to formal process. The entire procedure can take up to 3 months for each and the result may not be same cause it's case-by-base and the reviewer of the case can be different.
To file an informal complaint with CTA, see here. Click through all of the pages to get to the online form for the informal complaint. Or click here.
To file a formal complaint after informal complaint has been closed, see here. Continue on to the next page to see the address or email address for the formal complaint.
The July 17th and 18th responses from LX can be found here:
Other Letters:
Feel free to add dates, flights, etc., in order to plan DOs, etc.
Aug 4: SFO-ICN (UA893)
Jason8612
Aug 5: ICN-SFO (UA892)
Jason8612
Aug 7: SFO-ICN (UA893)
Jason8612
Aug 11: ICN-NRT-ORD (UA78, UA882)
Jason8612
Aug 14: BOS-IAD-NRT-ICN (UA285, UA803, UA79)
Deltspygt
Aug 19: ICN-NRT-IAD-BOS (UA78, UA804, UA352)
Deltspygt
Oct 1: UA433-UA893
JeredF +1
Oct 8: UA892-UA242
JeredF +1
Oct 9: BOS-SFO-ICN (UA433, UA893)
BigJC
Oct 13: ICN-NRT-ORD-BOS (UA78, UA882, UA744)
BigJC
Oct 21: BOS-SFO UA433 to SFO-ICN UA893
Sterndogg +1
flyerdude88 (SFO - ICN portion only)
Oct 23: ICN - SFO UA 892
flyerdude88
Oct 27: ICN-SFO UA892 to SFO-BOS UA286
Sterndogg +1
Nov 05: BOS-ORD UA521, ORD-NRT UA881
kokonutz, I012609, BingoSF +1
Nov 11: ICN-SFO UA892, SFO-IAD UA727
kokonutz, I012609, BingoSF +1
Nov 26: BOS-SFO UA433, SFO-NRT UA837, NRT-ICN UA79
thepla
Nov 27: BOS-ORD-NRT-ICN (UA501, UA881, UA196)
BigJC+1
Nov 29: Planning 2 days in TPE, been to ICN
thepla
Dec 1: ICN-SFO UA892, SFO-ORD UA698, ORD-BOS UA961
thepla
Dec 1: ICN-NRT-IAD-BOS (UA78, UA804, UA822)
BigJC+1
Dec 15: BOS-SFO UA433, SFO-ICN UA893
songzm
Dec 25: BOS-IAD UA285, IAD-NRT UA803, NRT-ICN UA79
Dinoscool3 +2
Dec 30: ICN-SFO UA892, SFO-BOS UA444
songzm
Dec 31: ICN-SFO UA892, SFO-BOS UA770
Dinoscool3 +2
Jan 11: BOS-SFO UA1523, Jan 12: SFO-ICN UA893
margarita girl
Jan 12: BOS-SFO UA433, SFO-ICN UA893
Zebranz
14 Jan: BOS-SFO UA433 to SFO-ICN UA893
ORDOGG
19 Jan: ICN-SFO UA892 to SFO-ORD UA698 to ORD-BOS UA961
ORDOGG
Jan 22: ICN-SFO UA892 SFO-BOS UA500
margarita girl
Feb 5: ICN-SFO UA892 SFO-BOS UA242
Zebranz
CMB-DFW EY F
FARE IS GONE
FARE RULES (thanks to SQ421)
FRTLK Fare Rules (RT)
FOWLK Fare Rules (OW)
WHEN ARE YOU FLYING?
Feel free to add any additional cities you're leaving from!
Please slot yourselves in!!!
ex-CMB
Feb
Mar
8 - Darmajaya
12 - Thaidai
22 - Deadinabsentia
Apr
21 - SQ421, penegal, jozdemir
26 - tahsir21
May
28 - Upperdeck744
29 - bonsaisai (positioning flights SIN-CMB, DFW-ORD)
Jun
12 - lelee
Jul
7 - HansGolden +6
8 - arcticbull + 1
11 - bonsaisai's friend (positioning flights: SIN-CMB, DFW-MCI)
25 - Tycosiao
30 - bonsaisai's friend (positioning flights: MCI-DFW, CMB-SIN)
Aug
17 - DC777Fan
26 - Yi Yang
31 - dcas
Sep
Oct
Nov
8 - harryhv
29 - stephem+4
Dec
6 - roastpuff and (soon) Mrs. roastpuff , JFKEZE (UL Code-share)
7 - DWFI
10 - jlisi984 + dad (CMB-AUH-DFW)
21 - bonsaisai (positioning flights SIN-CMB, DFW-ORD)
ex-AUH
Jan
Feb
Mar
Apr
27 - RICHKLHS
May
Jun
29 - yerffej201
Jul
9 - HansGolden +6
27 - Tycosiao
Aug
Sep
Oct
Nov
30 - stephem+4 (to JFK)
Dec
7 - JFKEZE, DWFI [EY161 nonstop]
9 - roastpuff and (soon) Mrs. Roastpuff
ex-DFW
Jan
Feb
Mar
14 - Thaidai
15 - zainman +1
Apr
25 - SQ421, penegal, jozdemir
May
Jun
Jul
Aug
22 - arcticbull + 1
Sep
22 - bonsaisai (positioning flights ORD-DFW, CMB-SIN)
Oct
Nov
19 - harryhv->Paris
Dec
19 - Yi Yang, jona970318
24 - DWFI (EY160 nonstop)
26 - HansGolden +6 (CDG), LwoodY2K (AUH)
The current CTA decision on the Yangon deal is only for tickets canceled by SWISS Airlines for the seven merged complaints/companions and tickets canceled by Jet Airways for one complainant and companions
- It's not about other carriers because each carrier submits different tariffs.
- If you are not one of the complainants or their companions above who were mentioned in the respective cases, you need to submit a case yourself for hearing.
- There's currently one person who is on Iberia for CTA decision, one can either wait for results or submit a complaint to CTA.
Result of the current case for LX in brief is:
- CTA found 5(F) in the tariff used to be unclear for canceling tickets on erroneously quoted fares.
- 5(F) is unjust and unreasonable and must be revised or taken down by July 9, 2013 (or SWISS can appeal by then)
- SWISS did not use its tariff correctly to cancel the tickets.
- SWISS must compensate one complainant's First Class ticket and any related expenses by July 18, 2013 provided with evidence.
- SWISS must transport other complainants (and their companions) in the original price charged with same booking class and routing by June 18, 2014.
Result of the current case for 9W in brief is:
- Tariff on file had no clauses for "erroneous fares" and was updated subsequently, which means it is not relevant to this event
- Therefore, 9W is to reinstate the tickets with a 1-year validity for transport between the same points and the same booking class.
CTA official news can be read here for general overview of the case.
Actual CTA case review can be found here for reference should you wish to file a complaint.
If you have a similar case that's with SWISS, you need to file with CTA to get a result through informal process first before it gets to formal process. The entire procedure can take up to 3 months for each and the result may not be same cause it's case-by-base and the reviewer of the case can be different.
To file an informal complaint with CTA, see here. Click through all of the pages to get to the online form for the informal complaint. Or click here.
To file a formal complaint after informal complaint has been closed, see here. Continue on to the next page to see the address or email address for the formal complaint.
The July 17th and 18th responses from LX can be found here:
Other Letters:
Feel free to add dates, flights, etc., in order to plan DOs, etc.
Aug 4: SFO-ICN (UA893)
Jason8612
Aug 5: ICN-SFO (UA892)
Jason8612
Aug 7: SFO-ICN (UA893)
Jason8612
Aug 11: ICN-NRT-ORD (UA78, UA882)
Jason8612
Aug 14: BOS-IAD-NRT-ICN (UA285, UA803, UA79)
Deltspygt
Aug 19: ICN-NRT-IAD-BOS (UA78, UA804, UA352)
Deltspygt
Oct 1: UA433-UA893
JeredF +1
Oct 8: UA892-UA242
JeredF +1
Oct 9: BOS-SFO-ICN (UA433, UA893)
BigJC
Oct 13: ICN-NRT-ORD-BOS (UA78, UA882, UA744)
BigJC
Oct 21: BOS-SFO UA433 to SFO-ICN UA893
Sterndogg +1
flyerdude88 (SFO - ICN portion only)
Oct 23: ICN - SFO UA 892
flyerdude88
Oct 27: ICN-SFO UA892 to SFO-BOS UA286
Sterndogg +1
Nov 05: BOS-ORD UA521, ORD-NRT UA881
kokonutz, I012609, BingoSF +1
Nov 11: ICN-SFO UA892, SFO-IAD UA727
kokonutz, I012609, BingoSF +1
Nov 26: BOS-SFO UA433, SFO-NRT UA837, NRT-ICN UA79
thepla
Nov 27: BOS-ORD-NRT-ICN (UA501, UA881, UA196)
BigJC+1
Nov 29: Planning 2 days in TPE, been to ICN
thepla
Dec 1: ICN-SFO UA892, SFO-ORD UA698, ORD-BOS UA961
thepla
Dec 1: ICN-NRT-IAD-BOS (UA78, UA804, UA822)
BigJC+1
Dec 15: BOS-SFO UA433, SFO-ICN UA893
songzm
Dec 25: BOS-IAD UA285, IAD-NRT UA803, NRT-ICN UA79
Dinoscool3 +2
Dec 30: ICN-SFO UA892, SFO-BOS UA444
songzm
Dec 31: ICN-SFO UA892, SFO-BOS UA770
Dinoscool3 +2
Jan 11: BOS-SFO UA1523, Jan 12: SFO-ICN UA893
margarita girl
Jan 12: BOS-SFO UA433, SFO-ICN UA893
Zebranz
14 Jan: BOS-SFO UA433 to SFO-ICN UA893
ORDOGG
19 Jan: ICN-SFO UA892 to SFO-ORD UA698 to ORD-BOS UA961
ORDOGG
Jan 22: ICN-SFO UA892 SFO-BOS UA500
margarita girl
Feb 5: ICN-SFO UA892 SFO-BOS UA242
Zebranz
CMB-DFW EY F
FARE IS GONE
FARE RULES (thanks to SQ421)
FRTLK Fare Rules (RT)
FOWLK Fare Rules (OW)
WHEN ARE YOU FLYING?
Feel free to add any additional cities you're leaving from!
Please slot yourselves in!!!
ex-CMB
Feb
Mar
8 - Darmajaya
12 - Thaidai
22 - Deadinabsentia
Apr
21 - SQ421, penegal, jozdemir
26 - tahsir21
May
28 - Upperdeck744
29 - bonsaisai (positioning flights SIN-CMB, DFW-ORD)
Jun
12 - lelee
Jul
7 - HansGolden +6
8 - arcticbull + 1
11 - bonsaisai's friend (positioning flights: SIN-CMB, DFW-MCI)
25 - Tycosiao
30 - bonsaisai's friend (positioning flights: MCI-DFW, CMB-SIN)
Aug
17 - DC777Fan
26 - Yi Yang
31 - dcas
Sep
Oct
Nov
8 - harryhv
29 - stephem+4
Dec
6 - roastpuff and (soon) Mrs. roastpuff , JFKEZE (UL Code-share)
7 - DWFI
10 - jlisi984 + dad (CMB-AUH-DFW)
21 - bonsaisai (positioning flights SIN-CMB, DFW-ORD)
ex-AUH
Jan
Feb
Mar
Apr
27 - RICHKLHS
May
Jun
29 - yerffej201
Jul
9 - HansGolden +6
27 - Tycosiao
Aug
Sep
Oct
Nov
30 - stephem+4 (to JFK)
Dec
7 - JFKEZE, DWFI [EY161 nonstop]
9 - roastpuff and (soon) Mrs. Roastpuff
ex-DFW
Jan
Feb
Mar
14 - Thaidai
15 - zainman +1
Apr
25 - SQ421, penegal, jozdemir
May
Jun
Jul
Aug
22 - arcticbull + 1
Sep
22 - bonsaisai (positioning flights ORD-DFW, CMB-SIN)
Oct
Nov
19 - harryhv->Paris
Dec
19 - Yi Yang, jona970318
24 - DWFI (EY160 nonstop)
26 - HansGolden +6 (CDG), LwoodY2K (AUH)
[PREM FARE GONE] RGN First class comes back again!!!!
Feb 8, 2013, 12:48 am
#7381
Join Date: Mar 2007
Location: Berlin
Posts: 1,768
Through the magic of the RECAP project, I have made the filings in this case (except some proofs of service and cover sheets) freely available to everyone:
http://archive.recapthelaw.org/cacd/533936/
http://archive.org/details/gov.uscourts.cacd.533936
The show cause order is #12 on the docket list. My interest was especially piqued by the exhibits attached to Lufthansa's response to that order (#14).
Enjoy.
http://archive.recapthelaw.org/cacd/533936/
http://archive.org/details/gov.uscourts.cacd.533936
The show cause order is #12 on the docket list. My interest was especially piqued by the exhibits attached to Lufthansa's response to that order (#14).
Enjoy.
Or that immediately is 9 days later.
How did this case end up anyways?
Feb 8, 2013, 12:50 am
#7382
FlyerTalk Evangelist
Join Date: Jul 2005
Location: Seat 2A
Programs: AA EXP LT GLD 1MM, BA GLD, NH/UA*G, Hyatt Dia, Marr Tit LT PLT, IHG Spire,HH Dia, MGM NOIR,Hertz PC
Posts: 10,571
Unfortunately the original judge was not available on my court date because of absence, she was initially interested in the case. The new guy was a 'temporary judge' that couldn't be bothered. But I don't want to seek excuses. I fought and lost. And I'm happy LH had to spend some money along the way.
Feb 8, 2013, 12:55 am
#7383
Join Date: Apr 2003
Location: Hong Kong
Posts: 612
Through the magic of the RECAP project, I have made the filings in this case (except some proofs of service and cover sheets) freely available to everyone:
http://archive.recapthelaw.org/cacd/533936/
http://archive.org/details/gov.uscourts.cacd.533936
The show cause order is #12 on the docket list. My interest was especially piqued by the exhibits attached to Lufthansa's response to that order (#14).
Enjoy.
http://archive.recapthelaw.org/cacd/533936/
http://archive.org/details/gov.uscourts.cacd.533936
The show cause order is #12 on the docket list. My interest was especially piqued by the exhibits attached to Lufthansa's response to that order (#14).
Enjoy.
Feb 8, 2013, 1:03 am
#7384
Join Date: Mar 2012
Location: BHX
Programs: BA GGL CCR GfL, SQ Gold, Hyatt Glob, HH Diamond, Marriott Plat, Cafe Nero Loyalty Card (7 Stamps)
Posts: 7,379
Legally not relevant but as so often there are different point of views.
Base is on a simple fact situation like booking 2 separate tickets and having a misconnect on ticket one. The airline is not obliged to do anything for you because their contract starts and ends with the first and last cupon of the individual tickets. It is the OPs problem (and our all since we often like to play this game).
I had booked this ticket as well and it got cxl. But never in this world would I have purchased my feeder flights for money if I wasn't absolutely sure this would fly. Lesson learned.
Base is on a simple fact situation like booking 2 separate tickets and having a misconnect on ticket one. The airline is not obliged to do anything for you because their contract starts and ends with the first and last cupon of the individual tickets. It is the OPs problem (and our all since we often like to play this game).
I had booked this ticket as well and it got cxl. But never in this world would I have purchased my feeder flights for money if I wasn't absolutely sure this would fly. Lesson learned.
In the UK I'm perfectly entitled to claim for reasonable associated costs in SCC.
Feb 8, 2013, 1:07 am
#7385
FlyerTalk Evangelist
Join Date: Jul 2005
Location: Seat 2A
Programs: AA EXP LT GLD 1MM, BA GLD, NH/UA*G, Hyatt Dia, Marr Tit LT PLT, IHG Spire,HH Dia, MGM NOIR,Hertz PC
Posts: 10,571
Feb 8, 2013, 1:10 am
#7386
FlyerTalk Evangelist
Join Date: Jul 2005
Location: Seat 2A
Programs: AA EXP LT GLD 1MM, BA GLD, NH/UA*G, Hyatt Dia, Marr Tit LT PLT, IHG Spire,HH Dia, MGM NOIR,Hertz PC
Posts: 10,571
Even within the U.S. the practices of SCC are very different depending on the state you are filing in.
Feb 8, 2013, 1:49 am
#7389
Join Date: Mar 2012
Posts: 989
need advice fellow flyertalkers, I received the dreaded email from TL that my UL ticketed stock RGN-KUL-SIN-LHR-YUL has a schedule change that will make me mis-connected. When i logged in to check, it seems that the KUL-SIN leg has been dropped off. I went to MH website to look for an alternative flight and it shows that my original flight was still flying. Who should I call? MH or TL? is this a sign that my R3 booking is in trouble?
Feb 8, 2013, 1:56 am
#7390
FlyerTalk Evangelist
Join Date: Mar 2001
Location: AU
Programs: former Olympic Airways Gold (yeah - still proud of that!)
Posts: 14,411
although we are talking about contract law here. And for contract law there is also anticipatory breach. Which it would seem to be a prima facie case of here if you haven't already travelled. Whether or not you are successful would depend on arguments around contract law.
Feb 8, 2013, 2:10 am
#7391
FlyerTalk Evangelist
Join Date: Nov 2004
Location: Denmark
Programs: TK Elite
Posts: 12,030
My mistake. Yes, this is contract law. Nevertheless, even for anticipatory breach of contract, you need to establish a loss to be able to recover under civil law. No judge will award compensation if there is no loss/damage.
Feb 8, 2013, 2:25 am
#7392
FlyerTalk Evangelist
Join Date: Mar 2001
Location: AU
Programs: former Olympic Airways Gold (yeah - still proud of that!)
Posts: 14,411
although courts are sometimes reluctant to order specific performance, I'm wondering if this might actually be a prime example of where it would be an appropriate remedy.
Feb 8, 2013, 3:03 am
#7394
Join Date: Mar 2012
Location: BHX
Programs: BA GGL CCR GfL, SQ Gold, Hyatt Glob, HH Diamond, Marriott Plat, Cafe Nero Loyalty Card (7 Stamps)
Posts: 7,379
Your claim is therefore the replacement cost of that ticket.
This is assuming you haven't started the journey. The procedure would be a little different for those who were stranded and/or downgraded en route.
Feb 8, 2013, 3:19 am
#7395
FlyerTalk Evangelist
Join Date: Jul 2005
Location: Seat 2A
Programs: AA EXP LT GLD 1MM, BA GLD, NH/UA*G, Hyatt Dia, Marr Tit LT PLT, IHG Spire,HH Dia, MGM NOIR,Hertz PC
Posts: 10,571
I agree with this. However then you would have to probably sue in civil court and not the Small Claims Division. This would require extensive arguments and litigation from both sides for which SCC is not set up, at least not in the U.S.