Hi, I am seeking any help regarding my Australian Consumer Law rights, or lack thereof, with regard to 'over booking' or 'bumping' of passengers on Emirates Airlines.
My father bought tickets in Australia for both of us to Accra, via Dubai. On the way back, we stopped in Dubai overnight to break the journey. We arose early the next day to get to the airport, booked to fly from Dubai - Brisbane. After standing in line for over 2 hours, we were finally told that the plane was over booked and we would not be getting on that flight.
The check-in staff explained that they were not happy in having to tell booked passengers this since it was a 'common occurrence'. After being ushered to another line to speak with a more senior staff member, he arrived an hour later and explained that there was 'nothing' he could do. Then we were offered 'tickets' in order to render us voluntary bumpees. We refused this offer. Having been standing in line for many hours, neither of us was familiar with our rights and were not very happy at this stage.
Also, there were various stipulations on the ticket vouchers which we were ambiguous. Besides, neither of us had any desire to do further air travel within the next 12 months, which was a provision of the ticket vouchers offered, and we were both very stressed and fatigued. Indeed, my father is 78 years old, and in my view, their bumping of him at least, constituted an 'unsafe situation', and was possibly negligent too. He was pissed off, and I more so, given they bumped him.
Keep in mind, neither of us was rude to the staff; they were just front people for managerial nonsense. How it is considered wise, prudent, just and lawful to bump the elderly involuntarily is incomprehensible. It should be illegal too!
We were subsequently put up in a hotel overnight, with meal vouchers. However, it took us a further 20 minutes to collect the taxi vouchers to the hotel, and once we arrived there, it took 20 minutes to check-in owing to '20 other passengers' also bumped from that flight. The entire day was wasted. We were both exhausted.
The next day, we got to the airport even earlier to ensure we got on the requisite flight. At check-in, I asked to confirm my other booking with Emirates, from Brisbane - Auckland which was later that same day. I was then told I had been bumped from that flight too! Bumped from Emirates twice in two days!
By now, neither my father or I were very happy to say the least. Indeed, we were both very stressed and further exhausted having been shuffled around like cattle. As a result of the second bumping, I missed my connection with Air New Zealand from Auckland - Gisborne (non-refundable). This meant I had to stay in Australia, and having missed my flight to NZ, it created a domino effect impacting others' travel plans back home creating even more stress.
Since I had been bumped by Emirates twice in two days, I, like any other reasonable person, now had no faith that Emirates could deliver anything other than more of the same: crap. Once bitten twice shy? Why would I give them the opportunity to possibly bump me for a third time? Accordingly, I booked a new ticket with Air New Zealand from the Gold Coast - Auckland - Gisborne, at a cost of $630.
Once I got home, my father sought to get compensation from Emirates due to the involuntary bumping on both of our behalf's. He soon discovered, that it is 'impossible' to speak to a human being from Emirates with regards complaints and compensation. Eventually, he had his travel agent in Australia send a letter to Emirates on his behalf.
After many weeks of no response, Emirates then sent a reply, but for some reason or lack thereof, they sent it to my older brother's email address. One presumes because he had flown Emirates in the past. My brother forwarded this response to my father and me.
Emirates denied any liability, offered no apology, and instead said they would extend to my father Emirates skyward points which amounted to $80. They went on to say - in lieu of me having been bumped twice and now $630 out of pocket - that they would also extend to me the same amount of skyward points, 'if' I was prepared to sign up with their program!
If that is not rubbing salt in the would then I do not know what is. To say their actions were insulting is being generous to say the least.
Since all this has happened, and nowhere to turn for help in terms of any consumer protections, I find myself here. Both my father and I have spent countless hours trying to seek some reasonable redress, to no avail.
We've also both been reading about alleged consumer protection with regard to Australian Consumer Law, the Warsaw convention and the Montreal convention.
It seems crazy that there seems to be no way whatsoever to get what we are entitled to. The laws seem ambiguous and there are elements of jurisdiction issues with regard to Dubai. Can they conduct themselves like that with impunity? Are there no laws which can address their flippant actions?
There also seems like there is no avenue to seek damages in lieu of all the stress they have caused both of us, over many months now. It is as though any and all laws governing the aviation industry are geared toward the airlines and do not offer adequate protections for consumers. Certainly this appears to be the case in Australia and NZ, for I note that in the EU and North America, they have charters which stipulate clearly what an airlines liability is with regard to bumping passengers involuntarily. And how many airlines would consider it even remotely reasonable to bump the elderly?
As such, though I am not well versed in the law, Emirates actions and lack thereof 'could' be deemed to have been, negligent, lacking a duty of care, misrepresentative and a breach of contract. Surely, if any reasonable person was aware of the 'extent' and 'frequency' with which they over book flights and bump passengers (including elderly passengers), and were clearly aware of the impossible nature of seeking redress should they be bumped, then there is a better than good chance such a person would book a ticket with another more reputable airline rather than being placed in harms way with Emirates?
This whole fiasco has caused immense stress for both of us. It's as though this corporation is happy to take your money, but when you seek compensation, they become invisible. Furthermore, why is it so difficult to gain any kind of equity with regard to alleged consumer protections? Are there any? Or does Emirates legal funding budget prohibit any kind of redress for their victims?
Given the nature of Emirates clear and obvious breach's in lieu of 'common sense', and contractual obligations, they should not be allowed to conduct business in Australia or NZ if this is how they carry on.
David and Goliath? Yes, it seems like that.
To be sure, both my father and I have flown on at least 50 different airlines each, to all parts of the world and never had any problem like this.
I would be grateful if those here who are legally trained or otherwise could provide some advice regards what we can do; not just in terms of us seeking compensation, but perhaps also damages. They should not be allowed to do this to other passengers! There must be laws which govern this kind of thing? For I think most any reasonable person, or judge for that matter, in having ascertained the facts of this case, would conclude that Emirates actions were despicable irrespective of the provisions of the Warsaw and Montreal convention which appear to limit an airlines liability in terms of damages. We will consider legal action if it is worthwhile.
Thank you peeps and apologies for the length.
My father bought tickets in Australia for both of us to Accra, via Dubai. On the way back, we stopped in Dubai overnight to break the journey. We arose early the next day to get to the airport, booked to fly from Dubai - Brisbane. After standing in line for over 2 hours, we were finally told that the plane was over booked and we would not be getting on that flight.
The check-in staff explained that they were not happy in having to tell booked passengers this since it was a 'common occurrence'. After being ushered to another line to speak with a more senior staff member, he arrived an hour later and explained that there was 'nothing' he could do. Then we were offered 'tickets' in order to render us voluntary bumpees. We refused this offer. Having been standing in line for many hours, neither of us was familiar with our rights and were not very happy at this stage.
Also, there were various stipulations on the ticket vouchers which we were ambiguous. Besides, neither of us had any desire to do further air travel within the next 12 months, which was a provision of the ticket vouchers offered, and we were both very stressed and fatigued. Indeed, my father is 78 years old, and in my view, their bumping of him at least, constituted an 'unsafe situation', and was possibly negligent too. He was pissed off, and I more so, given they bumped him.
Keep in mind, neither of us was rude to the staff; they were just front people for managerial nonsense. How it is considered wise, prudent, just and lawful to bump the elderly involuntarily is incomprehensible. It should be illegal too!
We were subsequently put up in a hotel overnight, with meal vouchers. However, it took us a further 20 minutes to collect the taxi vouchers to the hotel, and once we arrived there, it took 20 minutes to check-in owing to '20 other passengers' also bumped from that flight. The entire day was wasted. We were both exhausted.
The next day, we got to the airport even earlier to ensure we got on the requisite flight. At check-in, I asked to confirm my other booking with Emirates, from Brisbane - Auckland which was later that same day. I was then told I had been bumped from that flight too! Bumped from Emirates twice in two days!
By now, neither my father or I were very happy to say the least. Indeed, we were both very stressed and further exhausted having been shuffled around like cattle. As a result of the second bumping, I missed my connection with Air New Zealand from Auckland - Gisborne (non-refundable). This meant I had to stay in Australia, and having missed my flight to NZ, it created a domino effect impacting others' travel plans back home creating even more stress.
Since I had been bumped by Emirates twice in two days, I, like any other reasonable person, now had no faith that Emirates could deliver anything other than more of the same: crap. Once bitten twice shy? Why would I give them the opportunity to possibly bump me for a third time? Accordingly, I booked a new ticket with Air New Zealand from the Gold Coast - Auckland - Gisborne, at a cost of $630.
Once I got home, my father sought to get compensation from Emirates due to the involuntary bumping on both of our behalf's. He soon discovered, that it is 'impossible' to speak to a human being from Emirates with regards complaints and compensation. Eventually, he had his travel agent in Australia send a letter to Emirates on his behalf.
After many weeks of no response, Emirates then sent a reply, but for some reason or lack thereof, they sent it to my older brother's email address. One presumes because he had flown Emirates in the past. My brother forwarded this response to my father and me.
Emirates denied any liability, offered no apology, and instead said they would extend to my father Emirates skyward points which amounted to $80. They went on to say - in lieu of me having been bumped twice and now $630 out of pocket - that they would also extend to me the same amount of skyward points, 'if' I was prepared to sign up with their program!
If that is not rubbing salt in the would then I do not know what is. To say their actions were insulting is being generous to say the least.
Since all this has happened, and nowhere to turn for help in terms of any consumer protections, I find myself here. Both my father and I have spent countless hours trying to seek some reasonable redress, to no avail.
We've also both been reading about alleged consumer protection with regard to Australian Consumer Law, the Warsaw convention and the Montreal convention.
It seems crazy that there seems to be no way whatsoever to get what we are entitled to. The laws seem ambiguous and there are elements of jurisdiction issues with regard to Dubai. Can they conduct themselves like that with impunity? Are there no laws which can address their flippant actions?
There also seems like there is no avenue to seek damages in lieu of all the stress they have caused both of us, over many months now. It is as though any and all laws governing the aviation industry are geared toward the airlines and do not offer adequate protections for consumers. Certainly this appears to be the case in Australia and NZ, for I note that in the EU and North America, they have charters which stipulate clearly what an airlines liability is with regard to bumping passengers involuntarily. And how many airlines would consider it even remotely reasonable to bump the elderly?
As such, though I am not well versed in the law, Emirates actions and lack thereof 'could' be deemed to have been, negligent, lacking a duty of care, misrepresentative and a breach of contract. Surely, if any reasonable person was aware of the 'extent' and 'frequency' with which they over book flights and bump passengers (including elderly passengers), and were clearly aware of the impossible nature of seeking redress should they be bumped, then there is a better than good chance such a person would book a ticket with another more reputable airline rather than being placed in harms way with Emirates?
This whole fiasco has caused immense stress for both of us. It's as though this corporation is happy to take your money, but when you seek compensation, they become invisible. Furthermore, why is it so difficult to gain any kind of equity with regard to alleged consumer protections? Are there any? Or does Emirates legal funding budget prohibit any kind of redress for their victims?
Given the nature of Emirates clear and obvious breach's in lieu of 'common sense', and contractual obligations, they should not be allowed to conduct business in Australia or NZ if this is how they carry on.
David and Goliath? Yes, it seems like that.
To be sure, both my father and I have flown on at least 50 different airlines each, to all parts of the world and never had any problem like this.
I would be grateful if those here who are legally trained or otherwise could provide some advice regards what we can do; not just in terms of us seeking compensation, but perhaps also damages. They should not be allowed to do this to other passengers! There must be laws which govern this kind of thing? For I think most any reasonable person, or judge for that matter, in having ascertained the facts of this case, would conclude that Emirates actions were despicable irrespective of the provisions of the Warsaw and Montreal convention which appear to limit an airlines liability in terms of damages. We will consider legal action if it is worthwhile.
Thank you peeps and apologies for the length.
