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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Can an airline incorrectly cancel a booking causing us to

Customer Question

Can an airline incorrectly cancel a booking causing us to lose 2 days of our holiday.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

It all depends on what the ticket terms and conditions say.

If it says that they will determine based on your visa etc then yes they can.

Have you looked at the terms and conditions of carriage?

Customer: replied 1 year ago.
We have written proof that you do not need a visa for a 72 hour visa free transit policy. However, they were emphatic that their information was correct and that we needed visas. As a consequence they cancelled our onwards flights from Manchester to Sydney via Shanghai and, when they finally agreed that they had made an error (which was have had confirmed in writing) they were unable to reinstate our previous travel flights necessitating a two day reduction in our planned holiday.
Expert:  Leon replied 1 year ago.

When they cancelled it, did they refer you to anything?

What were your losses?

Customer: replied 1 year ago.
No. They referred us to their Customer Services Rep who tried to sort out "our" problem, we were not at that stage told they had cancelled the bookings. We were informed only when they could not reinstate the original bookings.They have offered to consider paying our hotel bill in full, and offered us skymiles which are restricting us to using their airline for any further travel. In other words useless to us.
Expert:  Leon replied 1 year ago.

Good Afternoon

They are a US airline? do they have a head office here in Australia?

You have to be able to show what your losses were.

You can claim this.

Any compensation would be limited because of what benefit you lost being one day.

Customer: replied 1 year ago.
No they are Emirates, I can not find a phone number or address for them, but they are on an email address they we have been using.Are we not entitled to some compensation for distress/inconvience and the loss was not 1 day it was a full 2 days. arrived 10.00pm Monday departed 8.00pm Tues total 22 hours instead of Thurs total 70 hours. Their offer of 70000 skymiles each is not enough to get us to Dubai let alone Shangahi. I think they should at least get us back to Shangahi.
Expert:  Leon replied 1 year ago.

the distress no.

Inconvenience possibly

you would seek the loss of the 2 days experience in the place.

They are affiliated with qantas if they give you 60K points it is a return trip to asia with qantas.

Customer: replied 1 year ago.
I am not aware that I can use skymiles on Qantas, as a furthe loss that I forgot was 8000 Qantas F/Flyer points for seat bookings, they they told me they (Emirates) could not replace. So I doubt that Qantas would honor Emirates points thereby leaving us with useless Emirates points while using my own Qantas points.
Expert:  Leon replied 1 year ago.

Good Evening

Yes you can.

You have to work it al out on what you have lost and negotiate with them.

You tell them that you want enough points to compensate you each with a flight back to shanghai to make up for it.

You can earn qantas points on emirates flights.

Customer: replied 1 year ago.
you can earn Qantas points on Emirates, but you can't spend Emirates skymiles on Qantas flights. I checked that with Qantas last night, so 70000 emirates skymiles are useless unless you fly with them. 82000 will get you to Dubai.
one way.
Expert:  Leon replied 1 year ago.

Through the Emirates sight you should be able to as you can claim emirates flights on the qantas sight.

You should go back to them and advise that you want enough points with emirates that would allow you a flight to Shanghai.

You can negotiate with them.

Because it was Shanghai you missed out on you cannot claim more than the points to shanghai.