Qantas Points for a Garuda Flight???

[Cocitus23]

I recently made a return trip from Melbourne to Jakarta, booked Qantas J class both ways. The forward trip, MEL - SYD - CGK, went as planned, on QF 428/041. As for the return trip, when I arrived at Qantas check-in at CGK I was told that my flight, QF042, would not be flying on that day, Friday, but was being held over until Saturday because the pilot was ill.

The check-in clerk was quick to reassure me though that I would not be delayed, because Qantas had arranged a seat for me on the Garuda flight, GA716 direct to MEL, which would actually get me to MEL two hours ahead of the scheduled arrival time of QF042. I was glad to accept this change, although I admit to a little unease, due to the Garuda's dubious safety reputation. There were numerous other people in the same situation. Qantas staff ushered each of us through the terminal to the Garuda counter, and presumably accepted commercial responsibility for each of us.

Now that I have arrived home I see that my frequent flyer account has been credited with points and SC's for the forward flight, but not for the return. I appreciate that the software would not recognise the situation and that manual intervention will be required, so maybe something is still in the pipeline. This presumes that I will get the points and credits. Will I? Or will I have to fight for them?

As I see it, my contract was with Qantas, to whom I paid top dollar (appreciably dearer than Garuda) for full service flights which came with points and SC's. The fact that they out-serviced the flights to Garuda does not take away my right to the points and SC's.

My questions are:
1. Do you agree with my view of the situation?
2. Has anyone had a similar experience and how was it resolved?

As a footnote, may I report that the Garuda experience was excellent - beautifully clean aircraft (A330 - 300), punctual, comfortable seat/bed, good food, and very attentive service. And what a joy coming direct into MEL, and avoiding the nightmare of the international/domestic transfer at SYD. I feel obliged to report all that, having hinted negatively about them above.

Cocitus23

 

[oz_mark]

Call QFF, explain the situation and ask for a credit for the original routing.

 

[TonyHancock]

I was scheduled to fly QF AKL - MEL and the flight was delayed for 5 hours. QF moved me to an Emirates flight instead.

I called them up and the status credits and miles were credited to my account.

 

[kpc]

Easier than calling, just email QF: [email protected] with a scanned BP (GF), your eticket, a BRIEF explanation and ask for credit for original routing. Shouldn't be a problem at all:idea::mrgreen:

 

[thewinchester]

+1 to the posts thusfar. Call/email QFF and ask nicely for original routing credit which they are generally happy to supply.

 

[Cocitus23]

Thanks, friends, for your encouraging replies. I did what you all said - called Qantas FF, received a sympathetic hearing, and at their suggestion emailed in my e-ticket. Now, a couple of days later, I have been credit with the points and SC's. Good outcome.

 

[TonyHancock]

Thanks, friends, for your encouraging replies. I did what you all said - called Qantas FF, received a sympathetic hearing, and at their suggestion emailed in my e-ticket. Now, a couple of days later, I have been credit with the points and SC's. Good outcome.

Great Stuff.

 

[MEL_Traveller]

As I see it, my contract was with Qantas, to whom I paid top dollar (appreciably dearer than Garuda) for full service flights which came with points and SC's. The fact that they out-serviced the flights to Garuda does not take away my right to the points and SC's.

My questions are:
1. Do you agree with my view of the situation?
2. Has anyone had a similar experience and how was it resolved?

Glad it all worked out. Just as a point of reference however on the legal bit... there was a potential breach of your original contract of carriage with Qantas, which was remedied through providing alternative transport.

IIRC, once accepted and ticketed on the GA flight your contract of carriage would then be with GA, not QF. In the event of any problems (such as baggage delays or overnight accommodation if the GA aircraft went tech) then GA is responsible for you.

In the unlikely event something major happened to the aircraft, GA would be responsible, although you might (stress might) have a separate claim in negligence against QF.

In this case it is not really a case of outsourcing. QF did not charter the GA flight. (And in fact (on a slightly different note) there is something in most airline contracts of carriage which states that if an airline tickets services provided by another carrier that it does so only as that other airline's agent).

 

[Cocitus23]

Thanks for those comments, MEL_Traveller. They touch on an aspect of this situation which I wondered about, viz, what the contractual relationships were.
Now I am no lawyer, but I did take a course in contract law in my MBA studies, many years ago. That was nowhere near enough to make me an expert but was sufficient to teach me about the need for offer, acceptance, consideration, etc. Some of our informed lawyers who often contribute to this discussion board, might care to join in and educate us.
When I go over what actually transpired, I have difficulty in accepting that my contract passed from Qantas to Garuda, despite what might be written in fine print on the ticket. I would maintain that the situation was one of outsourcing or sub-contracting. Note these facts:
· At no stage did I even speak to a Garuda staff member, let alone make a financial transaction with them.
· In the circumstances of having cancelled my flight, Qantas were very solicitous towards me, providing a staff member to help get my bags to the Garuda counter, negotiating with the GA rep to see that I got my preferred seat, and even handing me the GA boarding pass.
· The only action I took with Garuda was to place my own bag on the conveyor, to declare that it contained no prohibited substances, and to hand over the Indonesian departure tax to them.
So, there was no offer from Garuda to me, there was no acceptance by me of any specific offer from them, and there was no consideration passed from me to them. What arrangement Qantas made with them I neither know nor care.
Tellingly, when I phoned Qantas FF to claim my points, the first question I was asked was, “Did we reimburse you for your ticket and did you pay Garuda separately?” When I answered that this was not the case, the immediate response was, “Oh, well, in that case there is no problem; you will certainly be credited with your points.”
What do you now think?
Thanks for your interest.
Cocitus23

 

[TonyHancock]

I once had Delta cancel a flight on me that prevented me from getting to Atlanta to catch my UK bound flight. they transferred me to a BA flight from Detroit to LHR and then on to MAN.

My luggage failed to make the flight! It was BA who assumed full responsibility and after a "difficult" time with BA customer service eventually paid me compensation of GBP500. The bags turned up a couple of days after me!! (For you teenagers out there this was back in the 90's and GBP500 was actually worth something!!!!)

 

[oz_mark]

Thanks for those comments, MEL_Traveller. They touch on an aspect of this situation which I wondered about, viz, what the contractual relationships were.

In essence, I think you will find (though I'm no lawyer either!), that under the Montreal Convention Qantas are the contracting carrier, and Garuda are the actual carrier. Under the framework within that, there is a mutual liability between the two carriers.

 

[MEL_Traveller]

...

So, there was no offer from Garuda to me, there was no acceptance by me of any specific offer from them, and there was no consideration passed from me to them. What arrangement Qantas made with them I neither know nor care.
Cocitus23

Indeed there was no direct offer from GA to you, but there was from GA to QF.

So there was an offer (GA had the seat), there was acceptance (QF said 'thanks we'll take it) and there was consideration (QF paid GA).

This means that QF either entered into the contract as an agent for GA, or as an agent for you (it will be one or the other), but the end result is that the agent then bound both parties.

This is most commonly seen in circumstances such as travel agencies, where the travel agent, acting as an agent for the airlines (not the passenger as some people often confuse), creates the contract between the opperating carrier and you, the passenger. Even though you, the passenger, have not paid the airline, directly, a dime. It is the agent, making the offer to you, on behalf of the airline. (Which the passenger then accepts and pays consideration).

In you case, was QF making an offer on behalf of GA to you? Or, had they already ascertained there was a seat available, and facilitated, on your behalf (as your agent), the acceptance and consideration? (I think it is a case of GA offering the seat which was then accepted by QF as your agent - but happy to have another view on this).

Thanks oz_mark for the notes about joint liability.