LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NT Reimbursement by Emirates Airlines?

Discussion in 'Australian Consumer Law Forum' started by Manpreet, 28 May 2015.

  1. Manpreet

    Manpreet Member

    Joined:
    28 May 2015
    Messages:
    4
    Likes Received:
    0
    Hi, I travelled to India on 30th November 2013 as my husband had got his visa in India and I was supposed to bring him here as he could not speak good English. I was flying from Alice Springs to Delhi and the connection was through Perth.The ticket was a return ticket on 7th Dec 2013 with my husband. The flight from Alice springs to Perth was cancelled which was through Qantas but I was given a new ticket to Delhi.

    Now while returning to Australia,when I went to Emirates Airlines counter they told me that my name was not in the list. In other words, I had not booked any ticket for that flight. My husband's name was on the list but he denied to fly without me as he was the reason I went to India. The airline staff was not helpful and told me to call my booking agency which is travel.com. I called here and there, Qantas and Emirates Airlines with my phone which was in roaming zone.

    Qantas called me and told that we have been reissued the tickets. When we went to check in my husband's ticket was locked and I had to pay about & $70 to unlock it, which Qantas told me they had changed without any cost.we flew off after 12 hours. After I came back here, my mobile phone bill came out about $300. I called Qantas to make a claim for that and the fee I had to pay etc. but they told me it should be dealt by Emirates and that they can lodge an enquiry with them in my behalf.

    I did not hear from them for about a month and I called Qantas again but with no satisfactory answer I emailed Emirates and was contacted by their head. She denied the reimbursement of my phone bill and said that they can only pay $70. I told her if I don't get the money, I would sue them and she asked for the phone bill to be sent again. After that, I never was contacted by her and due to my busy schedule I could not chase them up.

    Now its been 1.5 year and nothing has happened, inspite of my emailing them again from last Dec till today. Now I really want to sue the for a bigger amount of about $100000. Please help.

    And my phone bill has not been paid till date and has incurred more late fee.

    Thanks.
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    335
    Hi Manpreet,

    What makes you think you are entitled to $100,000 if the only out of pocket expenses you have incurred amount to $300?
     
  3. Manpreet

    Manpreet Member

    Joined:
    28 May 2015
    Messages:
    4
    Likes Received:
    0
    Thnx for the reply Sophie..
    Till today I have only asked them to reimburse the $300. But no body is paying attention to it.I am mentally exhausted as I don't think that I was supposed to run after them.
    My flight was changed without informing me.Moreover their staff could have called and checked the situation as my husbands' name was on the flight list, but instead I had to call here and there and fix things up. I had to call my employer and tell them to swap my shifts.
    Then I had to wait for about 12 hrs so I had to stay in a hotel and those expenses I have not even mentioned to the airline.
    And at last they stuffed up my partners' flight which made me really angry cause I was not sure if I could board that flight or not.
    So basically its all that inconvience that We had to face,specially with the ampunt of luggage we had.And now its 18 months ghat I am chasing them for the $300 and I cannot renew my contract as the bill still remains unpaid.
    So I am strongly sue them for a lot more than that.
    Thnx
     
  4. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    335
    Hi Manpreet,

    You may have basis to request that the airline reimburses you for certain expenses you incurred as a result of their poor service, however you may find that their terms and conditions of carriage may prevent you from recovering any expenses at law. Airlines tend to disclaim liability for everything and anything, even when its their fault.

    However there is simply no legal basis to claim an arbitrary amount of compensation for the inconvenience, anger or trouble they have caused you, especially in the region of $100,000.

    If you are able to prove by breach or contract or otherwise that the airline is liable to pay for your loss, you are only entitled to those losses you are able to prove with receipts.
     
  5. Manpreet

    Manpreet Member

    Joined:
    28 May 2015
    Messages:
    4
    Likes Received:
    0
    So does that mean I cannot sue them for more than what I suffered and even if they changed my ticket they were atleast liable to send me an email.And also at one stage they refused to refund my claim. Then I emailed them that I would take this matter to court and that is when the customer service head asked me to send the bills again but after that she never replied and i keep on sending them ibe email every month bit no reply.
    I am sorry to bother u again nd again,but I really need to know if I can take this matter to court for a higher amount considering the amount of time that I have waited and all the discomfort We had to face.
    Thanks a lot
     
  6. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    335
    Hi Manpreet,

    I am not aware of any grounds on which you could claim a higher amount than the direct loss that you suffered in this case. I believe that you would be limited to recovering the losses you have suffered directly, if at anything at all.
     

Share This Page

Loading...