Aeromexico Contract of Carriage Issue
#1
Original Poster
Join Date: Jan 2018
Posts: 4
Aeromexico Contract of Carriage Issue
Hi FT. I don't know where to turn with this one and am hoping for some advice on how to get Aeromexico to stick to their Contract of Carriage. Here's the story. So far I have sent this to their customer service email (they replied and said I had to call within 24 hours of that first missed segment) and just now to their Senior Vice President of Customer Experience.
My wife and I booked a round-trip ticket from Tijuana to Oaxaca, with a stop in Mexico City.
We are traveling with our 3-year-old daughter, and she's finishing up with potty training. The lines at Terminal 2 in CDMX were long, and she had to go twice, and we ended up missing our connecting flight to Oaxaca. We took a bus to Oaxaca.
I asked customer service if it might be possible to reinstate our return trip, but I failed to call within 24 hours per the contract of carriage, and it seems they're not willing to make an exception for my daughter's predicament with the bathrooms in Mexico City. I understand that.
However, the Contract of Carriage clearly states that if we miss the first segment of our return flight at 6:45am on November 5, we will still be able to use the second segment of that flight, the one from Mexico City to Tijuana, as long as we call within 24 hours of 6:45am on November 5 (and obviously before that second segment departs). The pertinent section of the Contract of Carriage is section 3, paragraphs 8 and 9. (The language "despite not having used any of the previous segments" is critical). I've pasted it here:
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For domestic flights (where the origin and destination are in Mexican territory), passengers may use subsequent segments of their itinerary, despite not having used any of the previous segments. To do so, passengers must call the Carrier's Call Center on telephone number (55) 5133 4000 within 24 hours after the scheduled time of the segment that has not been used.
In this case, the segment not used will be considered extinct and will not be restituted or reimbursed under any circumstance. Aeromxico and Aeromxico Connect reserve the right to collect administrative charges for handling of different Airport Tariffs, as well as said differences.
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It says "any", not "any and all". I understand that I'll be liable for those administrative charges and tariffs in the second cited paragraph but that has to be less than the $1400 they're quoting me to reinstate the itinerary. So what do I do? Find a lawyer? Buy a return ticket, then find a lawyer to get it paid for? File a chargeback? I'd hate to do that. Call my credit card company?
My wife and I booked a round-trip ticket from Tijuana to Oaxaca, with a stop in Mexico City.
We are traveling with our 3-year-old daughter, and she's finishing up with potty training. The lines at Terminal 2 in CDMX were long, and she had to go twice, and we ended up missing our connecting flight to Oaxaca. We took a bus to Oaxaca.
I asked customer service if it might be possible to reinstate our return trip, but I failed to call within 24 hours per the contract of carriage, and it seems they're not willing to make an exception for my daughter's predicament with the bathrooms in Mexico City. I understand that.
However, the Contract of Carriage clearly states that if we miss the first segment of our return flight at 6:45am on November 5, we will still be able to use the second segment of that flight, the one from Mexico City to Tijuana, as long as we call within 24 hours of 6:45am on November 5 (and obviously before that second segment departs). The pertinent section of the Contract of Carriage is section 3, paragraphs 8 and 9. (The language "despite not having used any of the previous segments" is critical). I've pasted it here:
---
For domestic flights (where the origin and destination are in Mexican territory), passengers may use subsequent segments of their itinerary, despite not having used any of the previous segments. To do so, passengers must call the Carrier's Call Center on telephone number (55) 5133 4000 within 24 hours after the scheduled time of the segment that has not been used.
In this case, the segment not used will be considered extinct and will not be restituted or reimbursed under any circumstance. Aeromxico and Aeromxico Connect reserve the right to collect administrative charges for handling of different Airport Tariffs, as well as said differences.
---
It says "any", not "any and all". I understand that I'll be liable for those administrative charges and tariffs in the second cited paragraph but that has to be less than the $1400 they're quoting me to reinstate the itinerary. So what do I do? Find a lawyer? Buy a return ticket, then find a lawyer to get it paid for? File a chargeback? I'd hate to do that. Call my credit card company?
#2
Join Date: Feb 2014
Location: New Jersey
Programs: AeroMexico Club Premiere
Posts: 255
I am not a lawyer, but I interpret this as at the point that you missed the window, the ticket became void for the rest of the itinerary. So "despite not having used any of the previous segments" was dependent on you having notified them in the 24 hour window.
That being said, I would keep trying. Sometimes different customer service reps give you different results.
That being said, I would keep trying. Sometimes different customer service reps give you different results.
#3
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
I am not a lawyer, but I interpret this as at the point that you missed the window, the ticket became void for the rest of the itinerary. So "despite not having used any of the previous segments" was dependent on you having notified them in the 24 hour window.
That being said, I would keep trying. Sometimes different customer service reps give you different results.
That being said, I would keep trying. Sometimes different customer service reps give you different results.
Agreed that OP ought to keep trying. I would focus away from a reading of the COC as that does little good. Similarly, the reason for the no show is reasonable, e.g. child problems. But, not calling within 24 hours is not. Just ask.
#4
Original Poster
Join Date: Jan 2018
Posts: 4
Update: customer service just got back to me after asking again per your advice - they're reinstating the entire return itinerary.
I appreciate your help and agree that arguing over the CoC isn't very productive without a lawyer.
I do think the fact that it was related to my daughter's potty training and the T2 bathroom disaster at MEX were key.
We'll be back on Aeromexico soon!
I appreciate your help and agree that arguing over the CoC isn't very productive without a lawyer.
I do think the fact that it was related to my daughter's potty training and the T2 bathroom disaster at MEX were key.
We'll be back on Aeromexico soon!