The Jetstar passenger was left more than $1500 out of pocket after separate, last minute cancellations. Photo / Supplied
The Jetstar passenger was left more than $1500 out of pocket after separate, last minute cancellations. Photo / Supplied
A New Zealand passenger is seeking a refund and damages from Jetstar after the carrier cancelled two flights on short notice.
The passenger from Christchurch says she only received partial refunds for the original fares and now wants payment for replacement flights she had to buy, last minute, and the “emotional distress” for her treatment.
Nina McLeod, 22, was due to travel to Auckland from Christchurch with the carrier on the morning of 8 April.
Preparing for her early 6:55 flight, she was up late packing for the trip.
Just before 3am the passenger received a text update telling her that she and her friends’ flights had been cancelled. Although she was directed to Jetstar’s website to rebook, she was informed there was no availability with the airline on that date.
“I found all this out less than 4 hours before the flight was meant to board,” says MacLeod.
“If I hadn’t stayed up all night, I also may never have seen the text.”
Nina McLeod, centre, paid $1500 for flights from Christchurch after last minute cancellations with Jetstar. Photo / Supplied
She and a group of friends had been travelling to a concert in Auckland, when they received the news. Her partner, who had flown up the day before, was unaffected.
Instead McLeod paid for last minute fares for the group with another carrier.
“They [her friends] were unable to cover the cost of these flights, so I paid for the flights on my Afterpay along with my own, this ran me up a cost of $901.55.”
It was therefore hugely distressing to learn that her return flight, the following day, had been cancelled, in a second text message at 6:41pm.
She said the unwelcome news was received on her way to the concert.
“Suddenly I am trying not to cry at the concert I had been looking forward to for months and starting to panic over the fact that I don’t currently know how I’m getting home.”
Again she was unable to rebook with Jetstar using the self service website and instead opted to book new flights back to Christchurch. This left her and her partner a further $607.80 out of pocket for the fares with Air New Zealand.
She was unable to contact Jetstar’s customer service via email or call centre, instead being referred back to information on the airline’s “10 point guarantee”. She was eventually issued a partial refund for the original Jetstar flights on April 17.
Jetstar told the Herald that it had refunded the affected passengers for their original Jetstar bookings, and was looking into why the passenger may not have received the full amount charged.
“We’re really sorry for disrupting the travel plans of Ms McLeod, her partner, and friends earlier this month,” said a spokesperson for Jetstar.
“Their flight to Auckland was cancelled because of a problem with a sensor on one of the aircraft’s engines, and their return flight to Christchurch was unable to operate after crew illness.
“We know this would have been a frustrating and inconvenient experience for them, however safety is always our top priority.”
Refunds were made for the three individual bookings in their original form of payment and the airline has “reached out to discuss additional support”.
Under the Civil Aviation Act, passengers are entitled to the full refund and expenses incurred for a cancellation for a reason within the airline’s control. Passengers are entitled to proven and reasonable damages caused by the delay, up to a maximum of ten times the price of your ticket.
However, McLeod feels that she should also be owed emotional damages for the distress of the ordeal.
“Due to Section 91ZC Limitation of liability, I am seeking costs for all damages incurred, I will also be seeking a payment of $200 for damages relating to mental and emotional distress,” McLeod told the Herald.
The passenger said they felt that she was due damages for risk to her employment, with work commitments affected by the change of travel plans, and also “pet endangerment” due to her cat being left unaccompanied at home.
“I feel as though I am entitled to this, as in their [Jetstar’s] 10 point guarantee they offer $50 travel vouchers for all commitments not met, Points 3, 4, 5 and 7 were not met in this instance,”
Consumer rights and advice watchdog Consumer NZ said that the passenger is well within her right to seek a refund, though some of the claims may be difficult to substantiate.
“When a flight is cancelled for a reason within the airline’s control, consumers are entitled to a full refund of the ticket price. Additionally, under the Civil Aviation Act, consumers are entitled to be reimbursed up to 10 times the cost of the ticket, or the actual cost of the delay, whichever is lower,” says Jessica Walker, communications and campaigns manager for Consumer NZ.
When it comes to whether damages are owed, relating to mental or emotional distress, these would have to be assessed by a court or tribunal.
“They will not usually be awarded as part of a claim under the Civil Aviation Act. Unless consumers had to take action like paying to place pets in the care of a cattery because of the delay, damages for pet endangerment could be a bit of a stretch,” says Walker.
If an airline refuses to pay up, Consumer NZ advises passengers to save all correspondence and documentation and file an application with the Disputes Tribunal.
In October, Consumer NZ said that the airline had breached the Fair Trading Act by not providing compensation that passengers were legally entitled to for things like accommodation, rental car hire, or a flight on another airline.
Jetstar said specific information about passenger rights had been available on its website for many years.
“We take our obligations under New Zealand consumer and aviation law seriously and firmly reject Consumer NZ’s claim that we are misleading our customers,” a spokesperson for Jetstar told the Herald.
The airline said it did everything possible to get customers to destinations on time.
