Relax - This may be a breach of contract

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[top photo - STRANDED: Travellers at Changi’s budget terminal on Aug 7 after a flight was cancelled.]

UNHAPPY that your flight’s been cancelled at the last minute? You may be able to sue the airline, according to the Consumers Association of Singapore (Case).

Unhappy passengers offered poor service may have grounds for a civil case in court.

They can even take an alternative flight and claim the cost with the airline which cancelled their flight, said Case.

The consumer watchdog said it received some 238 complaints against budget airlines last year, up from 168 cases in 2008.

As of July, it has already received 156 complaints against these low-cost carriers this year.

In comparison, only 21 complaints were filed against non-budget airlines during the same period.

Case said last-minute flight cancellation may be a breach of contract and consumers may have grounds to sue the airlines if they suffer a loss as a result.

Case’s executive director, Mr Seah Seng Choon, explained: “Even if there is a clause in the ticket to absolve the airline from liability for flight cancellation, consumers may argue in court under the Unfair Contract Terms Act that such an exemption clause is unreasonable.”

But if the situation is beyond the airline’s control such as wars, riots, or acts of terrorism, then the airline may not be responsible for the cancellations, he added.

In Europe, consumer groups have successfully pushed for laws that force budget airlines to offer compensation.

The biggest grouse of budget travellers in Singapore? Flight cancellations and how passengers are treated after being told the news, said Case.

Homemaker Irene Ng is someone who has faced the trial of having her flight cancelled on short notice.

Madam Ng, who is in her 50s, and three friends were booked on a Jetstar flight to Kuala Lumpur on Aug 1.

They had no problems getting there but their return journey on Aug 3 on Tiger Airways – it was Madam Ng’s first time flying with that airline – was a different story.

“I went to the Tiger Airways counter to ask and this woman told me that the flight was cancelled. She didn’t offer any alternatives.” - Housewife Irene Ng (above right), with fellow passenger, Madam Veronica Ong

Madam Ng’s one-way ticket home cost about $50, including taxes.

A one-way ticket from KL to Singapore on full-service airline Malaysia Airlines costs about $250, including taxes.

The four friends turned up at the low-cost carrier terminal (LCCT) in Sepang at 8.30pm on Aug 3 only to note that details of their flight to Singapore were not reflected on the airport’s information board.

Madam Ng said: “I went to the Tiger Airways counter to ask and this woman told me that the flight was cancelled.

“She didn’t offer any alternatives. I asked if there was another flight out and she said there was one the next morning.”

Madam Ng claimed she wasn’t informed of the cancellation.

She claimed that the Tiger Airways counter staff said that e-mails were sent to all affected passengers on July 28 and 29. Madam Ng said she was in Singapore then and claimed she didn’t receive the e-mails.

She added that she wasn’t offered a reason for the cancellation.

Madam Ng had little choice but to book herself on the next flight out. That was 10.35am the next day.

That meant a 14-hour wait for her and her companions, who are in their 50s and 60s.

The group took a 15-minute taxi ride to a nearby hotel but it was fully booked.

They contemplated taking a taxi to KL but decided against it as it would have taken at least an hour to get to the city and they couldn’t be sure of getting a hotel room, she said.

So they returned to LCCT and spent an uncomfortable night at the terminal.

Madam Ng said there was one other group “camping” at the terminal. They were also affected by the cancellation.

Madam Ng and her friends didn’t think it necessary to buy travel insurance because the flight was only a short 45 minutes.

Decent service expected

Case’s Mr Seah said that while budget airlines charge less for their tickets, they are still expected to maintain a decent standard of service.

“Consumers should rightly expect the budget airlines to provide services such as keeping to flight time and schedule and resolving disputes promptly whenever they occur,” he said.

When stuck overseas because of a cancellation, Case advised passengers to check the delay duration and when the next immediate flight is available.

If the airline staff cannot help, call or get a friend/family member to contact the Singapore office.

Airlines say alerts sent by e-mail or phone

FLIGHTS could be cancelled or delayed due to weather, security, safety precautions, technical and operational reasons, said Tiger Airways.

Said a spokesman: “For cancellations or changes that are more than four hours, we do our best to notify passengers.”

They do it by e-mail or phone calls.

The airline said it also provides alternative arrangements and assistance for passengers to complete their journeys. The airline said it will respond directly to the affected passengers after looking into the specific details of the case.

It declined to comment on Madam Irene Ng’s case.

Other budget airlines, too, said they have measures in place to alert passengers of cancellations.

Jetstar said if a flight is cancelled or rescheduled, an e-mail, SMS or phone call will be made to the passengers.

Alternative transport arrangements will also be made to get the passenger to his destination at no additional cost, usually on the next available Jetstar flight.

According to the Jetstar’s charter, if the carrier breaches its commitments to its passengers, it will provide them with Jetstar travel vouchers worth up to $50.

AirAsia said that it has a pre-flight team that notifies affected guests of cancellations.

This team sends the notifications via e-mail and SMS to the contact numbers provided by guests during booking.

AirAsia said it offers affected passengers either the next available flight on AirAsia at no extra cost or a credit shell, which allows guests to book another flight on a later date, or a refund, depending on the situation.

This article was first published in The New Paper.

This may be a breach of contract

By Desmond Ng, The New Paper | Fri, Aug 20 2010

Passengers of cancelled flights have grounds to sue airlines: Case