Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

thatbloke

Well-Known Member
5 February 2018
335
42
714
Earth
It's quite simple.

Australian Consumer Guarantees cover airlines and tickets. It does not matter what crap they put in their terms and conditions. You get what you pay for or you are entitled to remedy

How do I know this? I had to take Jetstar to Qcat 4 years ago and the day before the hearing they paid me what i wanted.

If you go down this path it is very important to get them to acknowledge the debt if it's for out of pocket expenses such as an alternate flight. If it's just a refund then they do not need to acknowledge.

In my case, they offered mx X% and said go to my travel insurance for the other X% I added X and X together and that counted as a debt acknowledgement. Even the registrar at the court I filed in said I was on a winner before they paid me put.

I got 4k out of Jetstar for stuffing up our flights, it took a while but in the end they paid up . Go get em
 
  • Like
Reactions: Minky

DMLegal

Well-Known Member
28 May 2018
187
33
514
You have little chance of obtaining anything from this claim. You have not suffered 'damage' (stress and fatigue is not damage). You may have suffered some loss by purchasing the new ticket with Air New Zealand, but it is unclear whether you were offered another flight and/or accommodation upon arrival in Brisbane? Also, it is unclear whether the second 'bump' was a consequence of the first 'bump'. If so, in my view, this is one 'bump'. In any event you will only obtain damages for actual loss suffered, feelings and tiredness do not count. I agree it is not ideal, right, moral, acceptable or nice, but its life. It is something that we all accept as travelers and it undoubtedly keeps ticket prices lower overall. Your decision to take it upon yourself to book with another airline was not reasonable, it sounds like a knee-jerk reaction. Do you seriously think any airline, including Emirates, would leave themselves open to legal action for the consequences of over-booking flights, yet overbook anyway in the hope nobody would pursue the matter; not a chance. If I had a client come to me with such an issue, I wouldn't take the case, even though I could still get paid. It has such a low chance of success in my view it would be unprofessional and unethical to accept it.
 

thatbloke

Well-Known Member
5 February 2018
335
42
714
Earth
Then why did Jetstar pay me out?
 
  • Like
Reactions: Minky

DMLegal

Well-Known Member
28 May 2018
187
33
514
Then why did Jetstar pay me out?

I don’t know the facts of your dispute other than your previous post, so there could be many reasons.

On what basis did you claim $4000? How much of it was for ‘pain and suffering’ and (if any) what pain and suffering did you claim had occurred?

I am not for one minute saying people are not entitled to compensation for legitimate losses incurred as a result of being rebooked, all I was saying is, based on what the OP has said, no compensable losses were incurred, aside from the extra $600.
 

Minky

Active Member
30 December 2016
14
0
36
Hi Peeps - I thought I would do a follow up post to explain what happened, after all this time, to some extent so that it may possibly aid others who find themselves having been subjected to the terrible service that I and my father experienced on Emirates airlines when they bumped us.

I know it's been a while, but it was only a couple of months ago that my bank decided to 'give' me the money I had lost for the tickets, ie $630. You see, I had lodged a charge back claim with them(the bank) on the basis that I paid for Emirates tickets via my credit card and did not get the service that I paid for; nor did I get a refund from Emirates after months of trying. You can email Emirates for claims; that's all. 'Faceless', is one word to describe their customer service. Might as well refer customers to AI. Where is the humanity? Shame on you Emirates!

Seeking a charge back was actually not something I was aware was even possible, until months after these bumping's happened. It was the first and only time I have ever sought any charge back, or for that matter any refund from any airline.

Any way, I lodged the claim which took some hours owing to my having to provide all manner of documentation and other information in relation to the tickets. Ironically, this claim was then forwarded to someone in the Philippines. I established this because their response to my claim was written poorly. In other words, English was not their first language. It was clear that they did not fully comprehend the basis of the claim. I say ironic, because when I sought compensation via Emirates through email in the first instance, similarly, they did not respond in a manner which would suggest they understood English sufficiently; for Emirates response was bland and had no indication of them having even looked at the claim and the 'basic facts'. Emirates service during the claim process was terrible to say the least. Indeed, their response to my father, was insulting, ie $80 skyward points(see above posts).

Since my charge back claim failed in the first instance, I phoned my bank directly, seeking to speak with 'someone in NZ' so I could put forward the facts of the claim and have some confidence that they would look at it. It turns out there is a time limit on charge back claims: two months. I was well outside this time limit(due to Emirates wild mongoose chase), so my claim was denied on that basis. End of story? Not quite.

I sought an appeal of sorts. I suggested to the bank, that it has been brought to their attention that they are processing transactions for Emirates Airlines who in this instance, were acting in a fraudulent manner, ie people pay for tickets, Emirates bumps them, then does not refund tickets for missed connections for example. Since that was so, it would then mean that the bank was caught up in this fiasco in terms of their own liability. If they process transactions for an airline which commits fraud, then the bank is also party to that fraud; at least once it has been brought to their attention.

For if a bank is aware of such fraud, but continues to do business with that airline, then the bank is most certainly condoning such fraud and a party to it. But with billions of dollars of transactions being processed, it may be harder for the bank to hold Emirates to account. When corporations are so massive, and with such deep pockets, well...you know, it's all about the money.

The bank decided to change its tune. Legally speaking, they were indeed liable too. But instead of admitting anything, they merely stated that since I was a good customer, they would credit my account $630. What I really wanted, was for them to contact Emirates, and due to the banks influence, get to the bottom of Emirates fraudulent actions so they do not do it again, and in future abide by their own contracts and their obligations in terms of the Montreal convention. For after all the time spend on all this, even in this thread, for $630, it would have been more effective to have just allowed Emirates to get away with their fraud in lieu of the aforementioned and not even seek compensation in the first instance.

I should also mention, that in the 'Kingdom'(Arabian peninsula), they traditionally take the issue of 'theft' very seriously indeed. One supposes, when a corporation is so massive, they can apparently get away with theft, without any sanction; beyond the law. Very much so indicative of corporate psychopathy. Indeed, the buck stops at the CEO, but if you follow the yellow brick road, you know what's behind the curtain.

Because of that, this is why it is very important that Australia and NZ develop an 'airline charter' similar to that which exists in North America and the EU. Protections need to be provided so that passengers are not treated like cattle in so being bumped hither and thither due to over booking and subsequent bumping. The reasoning for such charters is 'common sense'. One such reason would be that airline staff, could so easily bump a passenger with a booked ticket, and then sell that 'seat' to another passenger for profit, ie some local wants to get somewhere so they get their buddy at the airline to 'take care of business'.

To allow for unfettered bumping's just invites corruption. That 'seemed' to be the case in Dubai. People were cutting the line and given preference. It's only speculation, but some of the 'young people' who did that and subsequently checked in, well...why not bump the young and willing so that an elderly passenger who has been standing in line for hours, does not have to be bumped?

I contend, few, if any other airline would 'involuntarily' bump an 'elderly passenger'. Emirates are happy to do that though. As stated above, if bumping's must happen, the airline should seek those who are willing, rather than bumping people involuntarily. Then, if not enough wish to volunteer, the airline should seek younger passengers. Then, those bumped involuntarily, should be given full compensation, as happens in North America and the EU, and for good reason.

It is even possible, that an aircraft has freight on board, such that it has reached the weight limit. Perhaps someone wishes to get some freight somewhere, so to lower the weight, just bump 20 or more passengers? Right? Put passengers last? How could one know? As such, if that happens, it would be a case of gross impropriety.

Since the bank 'gave' me the $630, I will not name them. In the alternative, they'd have found themselves here and elsewhere, facing the music. The bank was devious, but hardly even vaguely in the same realm as Emirates fraud and theft. I was thankful the bank gave me the money.
After all this, neither my father or I will ever fly Emirates Airlines ever again. As far as we are concerned, Emirates airline is synonymous with filth. They are dishonorable and they do not honor contracts. We will both encourage as many people as possible to avoid them. We had flown with them prior, several times, and their customer service was 'ok'. Certainly not exceptional, but hardly bad either. Why would they quibble over such a small claim of compensation? They make billions. It's hard to fathom how their customer service could be so compromised. In the long run, it just hurts them.

Lastly, regarding customer service, I would humbly suggest that any airline that has such gaping holes with their customer service, might just have gaping holes in other area's of their business. When that business involves aircraft and passengers, this could pose a possible safety issue above and beyond other airlines. I do not mean this in any manner which suggests I am being vindictive or malicious, rather, I mean this 'sincerely' as a matter of basic common sense. There is a far greater 'possibility' is all, ie accident. God forbid that anything does happen, but this serves as a warning to potential customers of Emirates Airlines to be mindful of such a reasonable consideration when you choose Emirates over a more reputable and conscientious airline. The aircraft themselves might be exceptionally safe, but such safety is only going to be as good as the maintenance done on said aircraft. Emirates is a young airline too. A few minor incidents, but plenty enough to beg the question of over all competence in the whole corporation. Think twice.

Perhaps Emirates Airline will read this and it will help them improve so that they do not continue to engage in such gross impropriety.

Thank's again to every one who responded here and helped provide for all the information that clarified things. ;)
 

Minky

Active Member
30 December 2016
14
0
36
DMLegal "You have little chance of obtaining anything from this claim. You have not suffered 'damage' (stress and fatigue is not damage). You may have suffered some loss by purchasing the new ticket with Air New Zealand, but it is unclear whether you were offered another flight and/or accommodation upon arrival in Brisbane? Also, it is unclear whether the second 'bump' was a consequence of the first 'bump'. If so, in my view, this is one 'bump'. In any event you will only obtain damages for actual loss suffered, feelings and tiredness do not count. I agree it is not ideal, right, moral, acceptable or nice, but its life. It is something that we all accept as travelers and it undoubtedly keeps ticket prices lower overall. Your decision to take it upon yourself to book with another airline was not reasonable, it sounds like a knee-jerk reaction. Do you seriously think any airline, including Emirates, would leave themselves open to legal action for the consequences of over-booking flights, yet overbook anyway in the hope nobody would pursue the matter; not a chance. If I had a client come to me with such an issue, I wouldn't take the case, even though I could still get paid. It has such a low chance of success in my view it would be unprofessional and unethical to accept it."

Thank you for providing your opinion.

No, I was not offered another flight by Emirates when I arrived in Brisbane. Nor was I offered accommodation or any kind of upgrade. They could have easily done either, or both when I learned in Dubai that I had been bumped for the second time in two days.

The second bumping was not as a result of the first bumping. Any airline that bumps a passenger involuntarily twice in two days and offers no compensation is not an airline I would wish to fly on.

Yes, I am well aware that 'feelings and tiredness' do not count in terms of damages.

I agree, that what they did is not ideal, right, moral, acceptable or nice. However, yes indeed, that is life where Emirates Airlines is concerned. But it need not be, and these kinds of actions should 'never ever' be considered acceptable.

In my own opinion, in having read a significant quantity of the legal provisions with reference to the Montreal convention, Warsaw convention and Emirates own contractual obligations stated on their own tickets, they are without question at fault here.

There should be much more effort made by legal authorities both private and Governmental, to uphold the existing law such that consumers are provided the protections that are already alleged to exist with regard to basic contractual obligations and consumer protections. I reiterate, that Emirates Airlines in this example, did not even abide by their own 'terms and conditions'. If the law has no teeth, what good could it possibly serve? What purpose could the Montreal convention serve if signatories to it(Emirates Airlines) do not have to abide by the provisions therein?

Both my father and I who have traveled extensively on many different airlines over many many years do not agree that 'involuntary bumping' is something we or any one else should accept so that the airline can keep their ticket prices low. If we have booked a ticket months in advance, to attend a wedding for example, the suggestion that the airline can just decide to fly us on another day for their own convenience makes no sense what so ever. This is why in North America and in Europe they do have airline charters to prevent that kind of abuse from happening. If on the other hand the bumpings were as a result of a 'force majeur', yes, that is life and nothing can be doe about that.

In being bumped once, that was not the end of the world for me. I could have easily made my NZ connections still. But being told the next day at Dubai airport that I was now bumped for a second time(Brisbane - Auckland), and offered 'nothing' in lieu of that, and being offered 'nothing' in lieu of my losses because of the missed NZ connections, is a disgrace and should 'never ever' be considered acceptable for airlines to behave in that manner, to keep their ticket prices low or otherwise.

No, I do not believe that Emirates Airlines would leave themselves open to legal action for the consequence of over booking flights. I believe they take their chances as a corporation and know full well that the legal costs of litigation for the passenger far outweigh any such compensation awarded should a bumped passenger win their case. The Airline also knows, that should a passenger take legal action against Emirates Airlines, it will take months, possibly years for the matter to get to court. For $630, it would be ridiculous to pursue such a small claim in the courts. Furthermore, if a passenger loses their lawsuit, 'costs' may be awarded against the passenger which could amount to many thousands of dollars.

So yes, from that perspective, no lawyer in their right mind would take on such a case or suggest to a client that they do. This was clear from day one.

The worst aspect of this entire fiasco, was the fact that Emirates Airline are happy to bump elderly passengers involuntarily. Both my father and I do not for one moment accept that such a practice is acceptable, ethical, moral, decent, or lawful. And while it may well be that legal action could be tenuous in terms of David taking on Goliath, I and my father consider that doing so is just, virtuous and serves to maintain the integrity of the law irrespective of any monetary considerations. The law must be upheld, no matter the expense. There is a duty of care to all society. Justice is central to a good society. Either that, or we just look away as further abuses happen with impunity.

So yes, an elderly man with two replaced hips and on medication, being bumped involuntarily by Emirates Airlines after waking early, standing in line for many hours and so much walking. Absolutely and without question, unacceptable. Indeed, if legal representation had been forthcoming here, the main issue here was always, 'willful misconduct'. Both during the aforementioned and after the fact.
 
Last edited:

Minky

Active Member
30 December 2016
14
0
36
thatbloke, thank you very much for providing input. I agree, Consumer Guarantee's should protect passengers from these corporate abuses. I am glad you got the compensation you deserved. ;)
 

thatbloke

Well-Known Member
5 February 2018
335
42
714
Earth
thatbloke, thank you very much for providing input. I agree, Consumer Guarantee's should protect passengers from these corporate abuses. I am glad you got the compensation you deserved. ;)
And congrats to you too... Airlines think they can behave above the law simply because they think they can write their own rules but they are very much mistaken
 
  • Like
Reactions: Minky