Air Italy Flight Cancelled. Non-refundable Positioning Flights. Best Options?
#16
Original Poster
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Just could I please add my thanks to all. All your views have helped me clarify things enormously
I did post this on the European board but apart from another poster sharing that he was re-routed.....I didn't get much assistance.
So I may have inadvertently hijacked this board where I have found great expertise over the years.....and I duly apologise. Hopefully my predicament will provide some food for thought with other BA members flying ExEU
I will dispute with IG for not offering me the option of a re-route. I will accept the taxes from Thai and I might cheekily ask BA to waive the fee....as suggested above.
And I will update the board in 30....no.... 29 days and counting
I did post this on the European board but apart from another poster sharing that he was re-routed.....I didn't get much assistance.
So I may have inadvertently hijacked this board where I have found great expertise over the years.....and I duly apologise. Hopefully my predicament will provide some food for thought with other BA members flying ExEU
I will dispute with IG for not offering me the option of a re-route. I will accept the taxes from Thai and I might cheekily ask BA to waive the fee....as suggested above.
And I will update the board in 30....no.... 29 days and counting
#17
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You're technically right, although I think your post could have misled the OP as it implies that no further remediation could be available.
#18
Join Date: May 2013
Posts: 6,349
I may be missing something but isn't this standard ex-EU risk? In other words if one part of the agenda goes pear shaped then it all falls apart. Except that usually it is the positioning bit that goes wrong.
The only thought I had is whether you could get a reasonably priced ex-EU MXP - BKK on BA that might plug the gap.
Otherwise really it's a question of taking it on the chin as apart from the IG refund I don't see any comeback against any of the airlines.
The only thought I had is whether you could get a reasonably priced ex-EU MXP - BKK on BA that might plug the gap.
Otherwise really it's a question of taking it on the chin as apart from the IG refund I don't see any comeback against any of the airlines.
#19
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Obviously....in retrospect it is standard ExEU risk.....although I haven't been unlucky for the last 5 years
Fully agree that I will have take the positioning flights on the chin.....I will be due £2.50 per person back on Thai taxes per sector.....better than nothing!
My only issue is that I was never offered a re-route. 4 calls. All denied. Told to take the refund and file a claim....which I have done.
I do note that another poster has been more fortunate....or more savvy and has been re-routed with QR. My issue is that I wasn't offered the choice and Air Italy quotes in their General Conditions of Carriage that an option will be offered.
I have already rebooked a flight with QR from HEL-DOH-HKT. About £1500 more but still a good price as Easter is filling up....But positioning flights....not bought yet.....will buy 2 weeks out....I have learnt my lesson
Lets see what the claim response is..........and I will update
Thanks all
Fully agree that I will have take the positioning flights on the chin.....I will be due £2.50 per person back on Thai taxes per sector.....better than nothing!
My only issue is that I was never offered a re-route. 4 calls. All denied. Told to take the refund and file a claim....which I have done.
I do note that another poster has been more fortunate....or more savvy and has been re-routed with QR. My issue is that I wasn't offered the choice and Air Italy quotes in their General Conditions of Carriage that an option will be offered.
. I would go back to Air Italy and explain that you have not been told about all the available options set out in their own terms and conditions, rendering your previous choice of refund null and void. I would insist to be placed on a different flight in comparable conditions even if this is on a different airline.
Lets see what the claim response is..........and I will update
Thanks all
Last edited by London Calling; Jan 22, 2019 at 6:23 am
#20
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This is simply not good enough from Air Italy. their conditions of carriage state that they will put you on a different flight regardless of what EU261 say. See here - https://www.airitaly.com/cms/deploy/...IRITALY_en.pdf
Article 10 explains what options are available to remediate a flight cancellation. I would go back to Air Italy and explain that you have not been told about all the available options set out in their own terms and conditions, rendering your previous choice of refund null and void. I would insist to be placed on a different flight in comparable conditions even if this is on a different airline.
Article 10 explains what options are available to remediate a flight cancellation. I would go back to Air Italy and explain that you have not been told about all the available options set out in their own terms and conditions, rendering your previous choice of refund null and void. I would insist to be placed on a different flight in comparable conditions even if this is on a different airline.
Not that I would drop the issue, but it is, at this point, a claim against IG for the difference in fares for MXP-BKK which he experiences should he choose to rebook on a carrier operating the route. Making that case under either the Regulation or the contract is a long and arduous task.
#21
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This is simply not good enough from Air Italy. their conditions of carriage state that they will put you on a different flight regardless of what EU261 say. See here - https://www.airitaly.com/cms/deploy/...IRITALY_en.pdf
#22
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Ambiguity doesn't work in their favour. Consumer law tends to be interpreted in favour of the consumer wheb there are ambiguous clauses.
#23
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You should have been clear that the OP may get a desirable resolution in a court of law (as a few posters stated already) rather than state that the airline's T&Cs expressly promise a particular re-booking option. No one disputes the fact that a court may side with the OP as clearly the Reg does not make any sense if re-booking onto other carriers is not an option.
#24
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I have already (along with others) pointed out that one might litigate IG's obligations and one might win. The same issue arises under EC 261/2004 as under the contract, e.g., it does not convey a right to be rebooked OA, but on the other hand, if IG itself cannot rebook because it no longer operates, neither the Regulation nor the contract mean much.
Winning will be an arduous and costly exercise as the claims agencies are unlikely to take this on and lawyers not likely to act on a contingency with an "iffy" chance of success.
OP apparently purchased this ticket "in" (to the extent that the internet is "in" anywhere) the UK and therefore could have a go at it through the MCOL process.
#25
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That does not get around your assertion that the contract requires rebooking OA by its terms. It does not.
I have already (along with others) pointed out that one might litigate IG's obligations and one might win. The same issue arises under EC 261/2004 as under the contract, e.g., it does not convey a right to be rebooked OA, but on the other hand, if IG itself cannot rebook because it no longer operates, neither the Regulation nor the contract mean much.
Winning will be an arduous and costly exercise as the claims agencies are unlikely to take this on and lawyers not likely to act on a contingency with an "iffy" chance of success.
OP apparently purchased this ticket "in" (to the extent that the internet is "in" anywhere) the UK and therefore could have a go at it through the MCOL process.
I have already (along with others) pointed out that one might litigate IG's obligations and one might win. The same issue arises under EC 261/2004 as under the contract, e.g., it does not convey a right to be rebooked OA, but on the other hand, if IG itself cannot rebook because it no longer operates, neither the Regulation nor the contract mean much.
Winning will be an arduous and costly exercise as the claims agencies are unlikely to take this on and lawyers not likely to act on a contingency with an "iffy" chance of success.
OP apparently purchased this ticket "in" (to the extent that the internet is "in" anywhere) the UK and therefore could have a go at it through the MCOL process.
#26
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Again.....very appreciative for the input
The previous comments that IG do not have the capability to re-route is not correct and one reason why I am a little peeved and keen to pursue resolution
Have written to Air Italy again today citing their T&C and requesting a refund of the additional cost of arranging alternative flights consequential to their failure to offer a re-routing. If they offered me a re-routing now, it would be quite a hassle to change things again. Maybe I should ask for a reschedule for Christmas!?!?
Forgive my ignorance....what is MCOL?
The previous comments that IG do not have the capability to re-route is not correct and one reason why I am a little peeved and keen to pursue resolution
The customer service is actually a hit and miss. When I first called them, a very nice lady asked me to email my other confirmed bookings (accommodation, connecting flights booked under separate PNRs etc.) so that they can offer me an alternative. When I tried to call them again after sending through the info, I got hang up 4 times as soon as I started speaking English (this is despite the fact that I press '2' for English option). I made a rant on their Facebook page (sadly this appears to be the most effective way of getting attention these days...) and within a couple of hours, a very nice agent called and offered me Qatar Airways flights via Doha. I was initially offered an afternoon departure from MXP but I requested a morning flight so that I don't have to reschedule my BKK-SIN (CX) flight booked separately. All done in about 15 mins, new tickets issued within an hour so I was quite impressed.
Forgive my ignorance....what is MCOL?
Last edited by London Calling; Jan 22, 2019 at 2:47 pm
#27
Join Date: May 2017
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That provision carefully skirts the question of whether a reroute is on another carrier. To be qutie precise, nothing in the entire document you cite requires rebooking on another carrier. The problem here is that IG has either terminated the route or is at least not operating it for some forseeable time period after the end of March. In litigation, OP is stuck with the same problem as under EC 261/2004.
#28
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#29
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Are you suggesting that IG only needs to rebook on the next IG flight? Don't forget that IG also has to pay for a hotel room and for food at a restaurant until that flight departs. If IG indeed is allowed to rebook only on the next IG flight - which may depart years later when IG decides to re-open the route - then it is still a lot cheaper for IG to rebook on another airline than to pay for a hotel room during all that time.
No one said that IG must only rebook onto its own services. This is what airlines do when they cancel routes months in advance (some do negotiate with other airlines to get passengers to their destinations). Getting a different outcome would require a legal action.
#30
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