A couple of quick questions, I assume the flight that left at 345am was a different flight number to your original flight booked? Or was the same flight number used just at an earlier less convinient time?
I don't have the revised schedule change in front of me but will check and post later. I do know that I had a schedule change (later and separate to this) on the SIN-MEL leg which did involve a change of flight number so it's possible the same thing that happened here. I'm not sure the relevance of that, though.
I am assuming you are quoting directly from the Mastercard email as quoted above? If it is written this way it seems highly likely that Mastercard have mis-interpreted the Scoot T&Cs 9.2 or that Scoot have misrepresented their own T&Cs to Mastercard during the dispute process.
I'm quoting directly from the letter I received from Bankwest. A Bankwest agent read their advice from MasterCard this morning and it reflects exactly what is included in my letter and outlined here.
If this is the case then could still be followed up with Mastercard/your bank. Someone has misinterpreted or misrepresented the Scoot T&Cs as meaning that a 'significant change' to your departure time is a change of greater than 24 hours in planned departure time. Its not - for clarity I think the T&Cs should have said:
"If Scoot has to make a significant schedule change/cancellation of your scheduled departure time AND Scoot are aware of this change more than 24 hours before your schedukled departure time THEN we or our authorised agent will notify you blah blah and provide the following options: etc"
I completely agree. Putting the "significant" part aside for a moment, the interpretation is very clear: if a change is made and that change is made more than 24 hours from departure, then s. 9.2 applies. Your suggested wording clarifies it, but only in my favour which is clearly not what they want. It appears what Scoot is trying to say is "If Scoot has to make a significant schedule change/cancellation that results in your new scheduled departure time being more than 24 hours before your originally scheduled departure . . ." Oddly, under their reading, there is no recourse if the new scheduled departure is
more than 24 hours after the originally scheduled departure time. So if, for example, you're scheduled to fly on Monday at 4pm and that daily service suddenly becomes twice weekly, on Fridays and Saturdays only and you're rescheduled to Friday at 4pm, your SOL because your revised departure wasn't "more than 24 hours before your scheduled departure time".
Furthermore, as it's currently written, how can a "cancellation" be reconciled with the "more than 24 hours before" bit? That is, Scoot is apparently trying to say that only if a schedule change results in a new flight time that is more than 24 hours prior does s. 9.2 apply. But take out "significant schedule change" and it reads "If Scoot has to make a cancellation more than 24 hours before your scheduled departure . . ." Under their apparent interpretation of the clause, the entire clause would be irrelevant - the flight was
cancelled and so the 'new time' is not more than 24 hours prior to the original departure time. Basically, the clause doesn't make sense in that area either, under their interpretation.
It's very poorly written either way.
So I would dispute the whole process as they are relying on an vague and undefined term 'significant' to deny the chargeback and the T&Cs are poorly written and unclear.
I have. The first agent handballed to my call to a supervisor who said they can't do anything because it's MasterCard's decision. What a load of rubbish. I followed the advice from
BAM1748 above and told them my contract is with Bankwest, I'm their customer and I expect them to go into bat for me. The matter has been escalated (or so they say).
Digging deeper I've pulled up Bankwest's credit card account access conditions of use booklet which states if they are unable to resolve a dispute within 45 days they will provide monthly (or bi-monthly) updates. This means I should have been provided with at least five updates in that 229 day period.