Consumer Protection on International flights

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palmplex

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Oct 30, 2014
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I had the misfortune to suffer on a business class flight . The seats in front of us were faulty and went to 180 degrees when the seats were not meant to lay flat. This meant our legs got crushed and we could not turn sideways. Also with the seats in front flat we could not get out in an emergency. We had no sleep on a 10 hour flight.

The flight attendants were apologetic on the flight and walked me around the cabin to find alternatives ( there weren't any) and gave me a complaint form but when I complained in writing afterwards I discovered they denied any problem. The reason given was that they examined the reports from the maintenance mechanics and attendants and No seats were found to have a problem and no complaints were logged by the attendants. Obviously there is a process problem at the airline.

Even though we bought our tickets in Australia from an international airline with an office here and an ABN there seems to be no Consumer law that can protect you.

The ACCC is powerless, my travel agent has no responsibility as its only classed as a broker and is not responsible for the product it brokers. The NSW Tribunal will take a case like this but again it has no legal power if the airline does not want to play. The ACA only deals with Australian Airlines.

So the only option seems to be a full court case which is not practical. Any one else found a solution to this consumer problem ? I don't think my travel insurance is interested in me not sleeping or getting trapped after paying thousands for a flight.
 
If your legs were crushed, would you not have medical evidence of this?

Would this not have been a safety issue as well for take-off and landing?

Which airline and aircraft?
 
I had the misfortune to suffer on a business class flight . The seats in front of us were faulty and went to 180 degrees when the seats were not meant to lay flat. This meant our legs got crushed and we could not turn sideways. Also with the seats in front flat we could not get out in an emergency. We had no sleep on a 10 hour flight.

The flight attendants were apologetic on the flight and walked me around the cabin to find alternatives ( there weren't any) and gave me a complaint form but when I complained in writing afterwards I discovered they denied any problem. The reason given was that they examined the reports from the maintenance mechanics and attendants and No seats were found to have a problem and no complaints were logged by the attendants. Obviously there is a process problem at the airline.

Even though we bought our tickets in Australia from an international airline with an office here and an ABN there seems to be no Consumer law that can protect you.

The ACCC is powerless, my travel agent has no responsibility as its only classed as a broker and is not responsible for the product it brokers. The NSW Tribunal will take a case like this but again it has no legal power if the airline does not want to play. The ACA only deals with Australian Airlines.

So the only option seems to be a full court case which is not practical. Any one else found a solution to this consumer problem ? I don't think my travel insurance is interested in me not sleeping or getting trapped after paying thousands for a flight.

There aren't too many details to work on here. It sounds like you might have contacted consumer affairs in your state? They offer free advice as to the range of options open to you. If you suffered injury on the flight you will likely be covered by the Montreal Convention.

You might be able to recover for things like loss of enjoyment given this was a business class flight, part of which specifically entails 'comfort'. If the airline doesn't want to 'play' how does this affect your case? The tribunal can make an award against the airline if they fail to show.

Which airline was it? I can't immediately think of a 10 hour flight ex Australia that offers only recliner or angled seats that are not in a cocoon or shell.

Who advised you your travel agent was only a broker? What were the circumstances? A travel agent is normally an agent for the airline, not for the passenger, and not a broker. So it would be interesting to know more about the advice you were given here.
 
Go to NCAT / VCAT. You can represent yourself easily and get a judgment in your favour.
 
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