Consumer NZ says passengers disrupted by Air New Zealand’s flight cuts are entitled to ask for a refund if they don’t want to accept a replacement flight.
“Air New Zealand has announced it will be cutting over a thousand flights in the coming weeks because of rising fuel costs. While most travellers will be rebooked onto same-day flights, we want people to know that if that new flight doesn’t suit them, they can choose not to take it and ask for their money back instead,” says Jon Duffy, chief executive of Consumer.
When an airline cancels flights due to events out of its control, like severe weather or airspace closure, passengers usually have to accept the disruption and wear any associated expenses or claim on their insurance. Consumer believes Air New Zealand’s cancellations are within its control.
“The decision to amend the flight schedules is driven by rising fuel costs. We think this is an operational decision, which means impacted passengers have rights if the rescheduled flight doesn’t suit them.”
Your domestic flight rights
If your domestic flight is cancelled for a reason within an airline’s control and you do not want to accept a replacement flight, you can ask for a refund under the Civil Aviation Act (CAA).
Under the CAA, you can also claim back additional expenses such as meals, accommodation and any other costs incurred in getting to your destination.
In total, you can claim back the lesser of up to 10 times the cost of the ticket, or the actual cost of delay.
Your international flight rights
Consumer says that because Air New Zealand’s flight cancellations are a financial decision, and the airline will struggle to show it took all reasonable measures to avoid the cancellations or delays, it is also likely to be liable for disrupted international flights under international laws, including the Montreal Convention.
For international flights, your rights differ depending on where you’re flying and the airline you’re flying with. However, at a minimum, you’ll be entitled to a refund if you don’t want to accept the alternative flight that’s offered to you. You may also be able to claim back any additional costs you incur. In total, the maximum amount you can claim for a delay under the Montreal Convention is $15,134 – this includes alternative flights to get you to your intended destination.
Disrupted passengers who are set to depart from airports in the EU could be entitled to additional financial assistance. Consumer has further detailed information on its website.
Consumer’s flight rights petition
Airlines in New Zealand don’t have to tell passengers their rights.
Despite amendments to the Civil Aviation Act last year, giving the minister the power to require airlines to inform passengers about their rights, no action has been taken.
“People impacted by flight disruptions deserve clarity – it shouldn’t be up to them to interpret complex laws to figure out who is at fault for a cancellation, and what that means for their own situation. Air New Zealand’s flight cuts highlight precisely why the current information gap needs to be filled,” says Duffy.
On Tuesday, Consumer presented a petition to parliament calling on the Government to require airlines to tell passengers their rights when flights are delayed or cancelled. The petition was signed by over 10,500 people.
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.
