By Vanessa Pratley
Investigative Journalist | Kaipūrongo Whakatewhatewha
The 44,000 Air New Zealand customers whose flights are about to be cancelled are within their rights to ask for a refund if they don’t want to accept a replacement flight.
Air New Zealand announced on Thursday morning that the airline would be cutting 1,100 flights because of increasing fuel costs. It comes just two days after Consumer NZ presented our petition calling for regulations that would force airlines to tell people about their rights when flights are disrupted.
The airline’s CEO Nikhil Ravishankar said most passengers affected by the flight cancellations will be moved to flights on the same day.
When an airline has to cancel flights for reasons out of its control, passengers don’t usually have much option but to accept the change.
But in this case, we think the decision to consolidate flights because of fuel costs is an operational decision. So, if the rescheduled flight doesn’t suit you or disrupts your plans, you have rights under the Civil Aviation Act (CAA) or Montreal Convention, depending on whether you’re flying domestic or international.
Your rights if your domestic flight is cancelled
When a delay or cancellation is caused by something within an airline’s control, and you don’t want to accept a replacement flight, you can ask for a refund.
Under the CAA, you’ve also got the right to claim back additional expenses such as meals, accommodation and any other costs you incur in getting to your destination.
In total, you claim back the lesser of:
up to 10 times the cost of the ticket
the actual cost of delay.
Your rights if your international flight is cancelled
Because it’s a financial decision, we think Air New Zealand will struggle to show it took all reasonable measures to avoid the cancellation or delay. This means it’s liable under the Montreal Convention.
If you’re flying between two signatory states to the Montreal Convention (comprising 140 states), for example New Zealand and Australia, we think you can ask for a refund if your flight is cancelled and you don’t want to accept an alternative flight.
You can also claim back any additional costs you incur, up to a limit of around $15,134 (including your flights).
EU and US rules
If you're departing from an EU airport, and your Air New Zealand flight is cancelled, you’re entitled to choose between re-routing to your final destination, a flight home or a refund.
You will also be entitled to financial help to pay for ‘reasonable, appropriate and necessary’ expenses such as food, drink, accommodation and even phone calls while you wait. What is determined reasonable will depend on how long you have to wait.
However, you won’t get compensation if the cancellation was due to extraordinary circumstances or you were advised more than 14 days in advance.
You’ve got different rights if you’re flying to or from the United States.
It’s time to force airlines to tell us about our rights
In New Zealand, airlines don’t have to tell you your rights when a flight is delayed or cancelled. Passengers are left to figure out complex laws for themselves. Despite amendments made to the CAA last year, giving the minister the power to require airlines to inform passengers about their rights, no action has been taken. We think that’s unacceptable.
That’s why we delivered a petition to parliament this week, asking associate transport minister James Meager to introduce new rules.
Customers deserve clarity on what they’re entitled to, and Air New Zealand’s plan to cut flights highlights exactly why we’ve been fighting for this.
Find out more about our campaign and learn more about your rights.
Affected by the flight cuts and having trouble claiming what you’re owed? Our advisors are here to help. Members can access our Consumer Rights Advice Line experts, who can provide advice to help you get a fair deal.
Flight rights campaign
We’re calling for airlines to communicate honestly with passengers about the reason for cancellations and delays, and clearly display their rights.
