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Air Asia refusing to refund

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  • Caz3121
    Caz3121 Posts: 15,834 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Did you pay by credit card? IF Air Asia are in breach of contract - check their terms - you may have a claim pursuant to s.75 Consumer Credit Act 1974.

    OP has seperate purchases with Air Asia, one is cancelled and has been refunded. The other transaction is for a flight to KUL which is operating as planned so will deliver exactly what has been purchased for this transaction so I fail to see where the breach of contract is.
  • Voyager2002
    Voyager2002 Posts: 16,282 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The OP does not have any legal case against Air Asia.

    Travel insurance MAY cover the cost of arranging alternative transport and compensate for the lost holiday time: this depends on the precise policy you have bought (you have already arranged your insurance, I hope). The only way to find out is to read your full policy document and say exactly what it says. A short-cut: get a friend to ring up whoever sold you the insurance and pose as a new customer, and ask whether the policy covers risks such as this. If they say yes, then you might have a leg to stand on.

    And on airline safety: until recently ALL the airlines registered in Indonesia were banned from flying in the EU for safety reasons. Garuda has now demonstrated that it meets EU safety requirements and so is the only Indonesian airline allowed into the EU.
  • Sam_Bee
    Sam_Bee Posts: 1,393 Forumite
    The OP does not have any legal case against Air Asia.

    And on airline safety: until recently ALL the airlines registered in Indonesia were banned from flying in the EU for safety reasons. Garuda has now demonstrated that it meets EU safety requirements and so is the only Indonesian airline allowed into the EU.

    Voyager2002 is 100% right on point 1.

    On point 2 - 25% right! There are actually 4 airlines permitted (not that any flew to the EU anyway at the time of the banning!) - the most relevant other being Mandala who are fab. But they do not fly to Manado.

    Anyway, having flown dozens of times with Garuda, I can't wait for them to return to the UK (hopefully 2011) as it might see prices to Bali drop. And their service levels can put even Singapore Airlines to shame (when they get it right!).

    But anyway, moot point - the EU has said they are safe to fly. They were safe to fly beforehand, just marginally less than most European Airlines (I mean statistically, the kick up the backside has done a world of wonders for safety culture in Indonesian Aviation). I fly them, my family fly them, not an issue.

    There are some airlines I would not put my family on, and unfortunately Lion Air is one of them. I say unfortunately, as they pretty much have the best online booking engine for an Indonesian Airline.

    I've never heard of insurance being able to help in this case, but as i'm not an insurance expert, won't say it's not possible. Is it possible?

    Ken - any update? Did you really spend £550 per person for Stansted - KL on Air Asia? Was that for the upgrade? I've never flown them, but it seems expensive. If you can get a refund somehow (begging / insurance?) then Singapore Airlines is £700 pp ish inc tax from Heathrow - Manado. It's not cheap, but it's guaranteed connections, full service, and won't leave you stranded. But it does make £550 pp to KL with Air Asia seem cheap.
  • Tozer
    Tozer Posts: 3,518 Forumite
    Caz3121 wrote: »
    OP has seperate purchases with Air Asia, one is cancelled and has been refunded. The other transaction is for a flight to KUL which is operating as planned so will deliver exactly what has been purchased for this transaction so I fail to see where the breach of contract is.

    The point being made is whether the terms and conditions allow it. I'm sure they will but it needs to be checked.

    Oh, personally as an ex pilot, I would rather entrust myself with an airline that has not had the history of mishaps that Garuda has suffered.
  • Sam_Bee
    Sam_Bee Posts: 1,393 Forumite
    edited 16 February 2010 at 12:15PM
    Tozer wrote: »
    Oh, personally as an ex pilot, I would rather entrust myself with an airline that has not had the history of mishaps that Garuda has suffered.

    Air France? China Airlines? Ethopian Airlines? There are a lot of airlines with bad public perception, but we have to entrust the EU with making these decisions for us.

    Surely you recognise it's important to avoid scaremongering? Statistically, flying in Indonesia is very safe, flying Garuda more so, and compared to more 'mainstream' airlines only a tiny bit less so, but predominantly more safe than crossing the road.

    By avoiding Garuda, you'd have to by necessity avoid Indonesia, as they are pretty much the best carrier flying (RIP Sempati!) out there, and distances are huge. You could go by boat, or by bus, but I wouldn't if i'm on a schedule.

    But to honest, the OP is going to Indonesia. It's not a sterile, dull destination. It's full of character, colours, it can be brash, it can be loud, but it's always an experience. For those worried about flying Garuda, stick to Dubai. I prefer genuine real life experiences. If the OP is worried about flying domestic carriers, fly Silk Air. But i'd be more worried by the 45 minute boat trip to Bunaken. Or being eaten by a black tip whilst diving. Or Swine Flu. Being crushed by the jolly green giant. Repeat ad neaseum.

    When I lived in Manado, we used to camp on Bunaken at the weekends - stunning empty beaches (might have changed a bit!). Didn't need tents. Campfires, couple of bintangs and bbq fish in the evening, at sunrise, walk out to one of the worlds most stunning drop off's to snorkel. You go from flat horizontal 2 metre coral, to a solid vertical drop off of up to a mile. Peering over is like staring into the abyss, a true life affirming moment. And then the sealife - wow. Seen many, many things in the ocean, but at Bunaken I have memories of being confronted by groups of Tuna - now that's a scary animal (no fear of humans they don't back off!!).

    Drop Off:

    Bunaken_dropoff_Lekuan_3.jpg

    The diving:

    bunaken-reef.jpg

    Bunaken:

    bunaken-manado-north-sulawesi.jpg

    Anyway, after all that, I hope he makes it!
  • Sam_Bee wrote: »
    I've never heard of insurance being able to help in this case, but as i'm not an insurance expert, won't say it's not possible. Is it possible?

    Ken - any update? Did you really spend £550 per person for Stansted - KL on Air Asia? Was that for the upgrade? I've never flown them, but it seems expensive. If you can get a refund somehow (begging / insurance?) then Singapore Airlines is £700 pp ish inc tax from Heathrow - Manado. It's not cheap, but it's guaranteed connections, full service, and won't leave you stranded. But it does make £550 pp to KL with Air Asia seem cheap.
    Yes, I really did spend £550 per person for those flights, sadly, and not even upgraded. I will just have to fight to get refunded - not holding out huge amounts of hope as I'm seeing lots of complaints online about Air Asia taking months to refund even when you are entitled (ie, like the flights they did cancel).

    Have not had a chance to check my policy doc as yet but will have a good look at it before contacting the insurance company to see where I stand.

    Thanks for all the help and advice - and for the pics of Bunaken - really, really want to get there now! :)
    £25,040 of credit card debt cleared!
    Debt free as of July 2013! Now working through my mortgage!


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