Passenger's rights with regard to Airline's changed schedule

[W10hc]

I wish to seek members' advice as to our rights as passengers with regard to Airline's change of flight schedule.

Last month (February 2010) I make a confirmed booking (and paid for airfare as well) for a return trip from Sydney to Hong Kong via Taipei on China Airlines in November/December 2010.

Today I received my travel agent's advice that China Airlines had completely revamped their flying schedules.

I find the revised flight schedule extremely unsatisfactory :-

1) The departing time from Sydney will be delayed from 1255 hr to 1910 hr; arrival time in Taipei delayed from 1910 hr to 0425 hr next day; arrival in Hong Kong delayed from 2300 hr to 0925 next day

2) That is , instead of a daytime flight arriving in final destination Hong Kong on the same day, it will become an overnight flight. ( I will need an extra half to one day to recover from overnight flight.)

3) Instead of a transit time of 65 minutes in Taipei, it will be a 3-hour 15-minute transit in the middle of the night.

I wonder whether I am entitled to ask the Airline for a cancellation of the booking and full refund of the paid airfare.

Furthermore in the event that I cannot come to an agreement with China Airlines, is there any venue (like a travel industry ombudsman) where I can formally lodge my complaint?

Tks & Rgds

 

[Mwenenzi]

W10hc Welcome to AFF

If you don't fly with China Airlines, who else can get you to Hong Kong at the price you paid and a suitable schedule ? I am guessing its a cheap flight.
The schedule may change again before November/December 2010.

If it was me would wait a few months or unless you find a good price & schedule on another carrier.

 

[markis10]

Generally your contract with the airline is to get from point a to point c via point B, not at a specific time, so there is not much you can do. However I am sure the airline would let you go the day before so you arrive earlier than planned!

 

[W10hc]

I am OK with overnight non-stop flight but an overnight flight with an over 3-hour transit in the middle of the night in an unfamiliar airport is something I do not want to experience.

China Airlines are cheaper by about A$200 compared to non-stop flights. I am prepared to pay extra to avoid the hassle.

 

[Travel Guru]

There's no written charter as far as what degree of time change entitles one to a refund (not that ive ever seen anyway!), but I would expect with that kind of time change you'd have a good chance of getting any cancellation penalty waived.

Ask your TA to contact China Airlines on your behalf and seek a waiver on whatever the cancellation penalty is so that you can submit it for a refund.
Should they oblige, you'll still have to wait 4-6 weeks to receive your refund, so its not instantaneous.

Unfortunately there's no travel industry ombudsman, theres AFTA, but they have no say over airlines and their policies, so its just a matter of taking it higher if they wont comply.

Good luck

TG

 

[markis10]

I am OK with overnight non-stop flight but an overnight flight with an over 3-hour transit in the middle of the night in an unfamiliar airport is something I do not want to experience.

China Airlines are cheaper by about A$200 compared to non-stop flights. I am prepared to pay extra to avoid the hassle.

0425 in TPE is 0625 back home, your body will still be on the local clock so it should not be too bad. Lounge access might be handy, priority pass??

 

[odysseus]

Depending on the TA, they may apply cancellation policies (charge you) as well.

 

[anat0l]

From the answers given, the blunt answer to your question (do you have any rights in this case when China Airlines has changed your schedule), the answer is No.

Interestingly, if this was a situation where EU Regs was a possibility (and we know it doesn't apply in this situation, but let's think hypothetically), what recourse would the OP have? (It's not clear whether the provisions of a delay or cancellation would apply, especially as there is a very long lead time before the OP has to fly the routing. It seems that they would be entitled to at least reroute or refund.

Back on topic, as everyone said, probably best if you try for a refund with a waiver on any cancellation charges. If China Airlines / your travel agent refuse to cancel without cancellation charges, you'll either have to weigh up whether you want to cop the cancellation charges and buy a new ticket, otherwise you're plum out of luck.

 

[hazel]

I would ask the airline for a refund. My QF/AY flights purchased in December were changed by AY to CX/AY & a different departure date. I called AY & they refunded all 4 fares. It has taken 8 weeks for the refund to come through. The TA charged a cancellation fee which was covered by travel insurance.
I took the view that what they had changed my ticket to was not something that I would have purchased.

 

[harvyk]

I would say you should be able to get a refund. Whilst timing does not really enter into an airline contract there is an expectation that when you purchase tickets for a specific time and date the airline will do everything in it's power to honor the agreed upon timings.

If they make a major change to that timing knowing that the original timings no longer apply, and it's made well in advance then I see no reason why you should not be entitled to a refund.