Small court claim procedures against an Airline for a refund ?

ally50

Westin said:

Think carefully about the words and terminology used by the staff at check-in.

Are you 100% sure they told you to cancel the booking?  Instead, could they have suggested that you are off-loaded or that they would uncheck you and your child in?  This is more credible if someone is unable or unwilling to proceed with taking the flight after being checked in.  For a short period of time this would leave the original reservation live.   Leaving the reservation in this status while medical treatment was found, or even for the child to be calmed, would then allow the booking to be transferred to a later flight on one the following day.

The other element is the timing of the events. A reservation left after a passenger is offloaded will not be left open for more than about a day.  Enough time to perhaps go to seek medical attention, return or call to reschedule. If however you left a period of multiple days between the original flight and contacting them with a doctors letter then I think you might be out of luck. 

Next port of call might need to be your travel insurance.

Their defence states: 

The Defendant's system shows that the Claimants status was shown as "offloaded" from the Outbound First Leg Flight voluntarily at 10:40 due to the illness of their child.

I contacted the airline's help desk to explain my circumstances when I was at the airport . They advised me to take my child to hospital as there was no medical help available there. They said I can request a refund or reschedule the flight but I needed to send an email to their customer service. Next day, I emailed them. They refused to refund or schedule it because the medical reason was not a serious condition etc cancer...!

Westin

The TK explanation above is how I understand the process to be.  You had previously mentioned cancelling your flight.

I think either notes were not added by the airport team on your booking record, or these read by the customer service agent - or too long a gap between original departure and your situation being actioned at TK - or general confusion over the instruction around cancelling and requesting a refund.

I can only suggest you contact TK again and more clearly lay out the situation using their terminology of “voluntarily offloaded” but with instruction by the airport team to contact TK customer services once your child had been checked over by medical professionals. This may however be moot as it would never have been a refund but an option to reschedule to the next available flight. 

If you asked for a refund then I can understand why they gave the response to you about only being in the case of a serious medical diagnosis.

As no travel insurance was purchased and you elected to self-insure your trip I sadly suspect this will be a costly experience.  This is a past event and presumably you are back home now and a rescheduling of the flight is no longer required.  

A refund from TK was never going to be on the cards, just a rescheduling.

ally50

Westin said:

The TK explanation above is how I understand the process to be.  You had previously mentioned cancelling your flight.

I think either notes were not added by the airport team on your booking record, or these read by the customer service agent - or too long a gap between original departure and your situation being actioned at TK - or general confusion over the instruction around cancelling and requesting a refund.

I can only suggest you contact TK again and more clearly lay out the situation using their terminology of “voluntarily offloaded” but with instruction by the airport team to contact TK customer services once your child had been checked over by medical professionals. This may however be moot as it would never have been a refund but an option to reschedule to the next available flight. 

If you asked for a refund then I can understand why they gave the response to you about only being in the case of a serious medical diagnosis.

As no travel insurance was purchased and you elected to self-insure your trip I sadly suspect this will be a costly experience.  This is a past event and presumably you are back home now and a rescheduling of the flight is no longer required.  

A refund from TK was never going to be on the cards, just a rescheduling.

This is exactly what happened. When I called customer services they admitted that my case was not dealt correctly by their agent. Since my ticket's fare rule allowing for cancellation and refund (before and after departure), the agent should have put my ticket "on hold" immediately when I contacted them first time at the airport or when they received my first email.

The case is now at court process. 

I will upload summary of my claim and the airline's defence in here that may help for clarification.

ally50

Dear Eskbanker and Westin,

I appreciate your input.

Below is my summary of my claim:

-We checked in and handed in our luggages. The Airline Stuff advised us to call customer services to cancel the flight due to my child’s health issue.

-We contacted the airline customer services before the flight departure. They advised us to submit a written request.

-I submitted a written request (email). The airline replied requesting to fill a feedback form instead of the email. I submitted a feedback form.

-The Airline requested a valid doctor’s report. I submitted the report.

-The airline did not respond positively.

- request a review.

-The Airline replied requesting a doctor’s report Again! 

-I resubmitted the doctor’s report.

-The airline did not respond positively. 

-I submitted an appeal. 

-The airline did not respond positively.

-I contacted civil aviation authority for an advice. 

-I contacted the airline to request “highlighting  in terms and conditions of the ticket with outline of why I can not have a refund. 

-The airline failed to respond. I contacted civil aviation authority who confirmed that legal action must be taken within 6 years. 

-I called the airline customer services (recorded conversation) confirmed that my case was not dealt appropriately at the first place. They should have put my tickets “on hold” immediately when I contacted them before departure. Then they should have demanded more information, documents etc. It was also confirmed that our tickets could be refunded or scheduled. 

-I submitted a written feedback to the airline referring recorded call above and asked for a final review. I also clarified that If I am not satisfied with their response I would take legal action.  

-The airline requested details of the conversation. 

-I submitted all info: the name fo the customer service provider, the time and date that our conversation took place, the duration of the conversation, the telephone number I called from and the telephone number I called to.  

-The airline did not respond positively !

ally50

The Airline's Defence:

-The Claimant has failed to identify any cause of action upon which he relies, which is not in compliance with CPR 16.2 (1)(a) and (b). What the Claimant claimed was suggestive of a complaint but fails to confirm any breach in law or cause of action.

-In the interest of progressing the matter, this Defence will address each point that the Claimant raised under the “Timeline of what happened” section fo the claim form. 

-The Defendant reserves the right to amend its Defence in case the Claimant has the permission of the Court to amend their Particulars of Claim to set out a cause of action or a specific breach in law. Nevertheless, the Defendant denies that the Claimant is entitled to the amount claimed or at all for the reasons explained in detail below.

-In support of its case, the Defendant relies upon:

1- The Claimant was booked on a through ticket for a journey composed of connecting flights.

2- The Defendant’s system shows that Claimants status was shown as “offloaded” from the Outbound First Leg Flight voluntarily at ...... due to the illness of their child.

3- Regarding the Defendant’s refund rules which also vary according to the plane ticket purchased. The fare rules applied is the most restricted ticketing fare rules (Annex of the Defendant and since they offloaded themselves and didn’t change the tickets before schedule departure time, “the most restricted after departure rules” applied to the Claimant’s ticket which was the no refund was available. 

4- On the other hand (Annex C) confirms that, whether before or after the cancellation request is initiated by the passengers, the cancellation are permitted for cancel/no-show/refund. 

5- The ticketing fare rules as shown under Annex B is applicable to the Claimant’s tickets. It is quite apparent that regarding the fare rules in Annex B, in the event of no-show, namely when refund is requested after departure of the originally scheduled flight, refund of the ticket fare and fuel surcharge as shown YR surcharge on the PNR is not permitted. More importantly, this rule is applied even when there is a medical reason for the cancellation. That is, no refund of the ticket fare and YR surcharge would be applicable since the Claimant applied for a refund after departure, even if the Claimant asked for cancellation due to his child’s health issue. 

6- Although the Claimant claimed to have called the Defendant on the Departure Date, he did not provide any evidence regarding this. If the Claimant had requested a cancellation before the departure time of the Outbound First Leg Flight, according to the fare rules as shown at Annex B have been paid back to the Claimant. 

7- Whether or not fare rules under  Annex B or C applies and whether or not the cancellation request is made before or after the departure time of the relevant flight, The Claimant can only receive  tax refunds other that ticket fare and YR surcharge.

8- Accordingly, until the Claimant proves otherwise, the amount to which it is entitled is limited to the amounts stated above. We reserve the right to amend our defence in case the Claimant presents evidence regarding the issues stated in the Claim Form and in the Defendants Defence.

9- In the event that the Claimant establishes any liability to which a claim to interest can attach, it is denied that the rate of 8% is appropriate to pre-judgment interest. The proper benchmark is 2% above Bank of England base rate (AS Latvijas Krajbanka (In Liquidation) v Vladimir Antonov [2016] EWHC 1679 (Comm)). The Bank of England base rate is currently 3%. 

10- As such, the Defendant considers that the Claimant has behaved unreasonably in bringing this claim and/or in failing to withdraw it promptly, and the Defendant therefore invites the Court to order the Claimant to pay its costs pursuant to CPR 27.14(2)(g). In the alternative, the Defendant invites the Court to exercise its discretion under CPR 44.2 and award the Defendants its costs in this matter. 

Westin

I am getting the impression that this incident occurred some time ago and that legal proceedings have commenced and written statements submitted by both parties.  Won’t the next step be the determination of the case by the court (or judgement given by MCOL)?

ally50

Westin said:

I am getting the impression that this incident occurred some time ago and that legal proceedings have commenced and written statements submitted by both parties.  Won’t the next step be the determination of the case by the court (or judgement given by MCOL)?

Yes legal proceedings started but the next stage is filing the "Witness Statement/Evidence", not yet the determination of the case.

I need your advice on followings;

-The Claimant has failed to identify any cause of action upon which he relies, which is not in compliance with CPR 16.2 (1)(a) and (b). What the Claimant claimed was suggestive of a complaint but fails to confirm any breach in law or cause of action.

How can I reply to this ?

eskbanker

ally50 said:

Westin said:

I am getting the impression that this incident occurred some time ago and that legal proceedings have commenced and written statements submitted by both parties.  Won’t the next step be the determination of the case by the court (or judgement given by MCOL)?

Yes legal proceedings started but the next stage is filing the "Witness Statement/Evidence", not yet the determination of the case.

I need your advice on followings;

-The Claimant has failed to identify any cause of action upon which he relies, which is not in compliance with CPR 16.2 (1)(a) and (b). What the Claimant claimed was suggestive of a complaint but fails to confirm any breach in law or cause of action.

How can I reply to this ?

They're effectively saying that you need to make a clear case that they've breached their Ts & Cs or wider applicable laws or regulations, i.e. it's not enough to complain that a customer service agent did or said something that was ultimately detrimental to you, you have to establish that the organisation has actually fallen foul of terms or regulations.

Westin

....and I think CPR 16.2(1)(b) that the claim form must “specify the remedy which the claimant seeks”.

I have to say that it appears Turkish Airlines are looking to defend their position and apply for their costs to do so should the award go in their favour.  

I would be somewhat concerns also that you would presumably need to research into Turkish Civil Aviation laws to show a breach from their end.  

This might become a costly case to take though the court system. TK seem to feel they have a good case on their side.

brianposter

The first thing the OP needs is a record of their telephone calls - presumably their telephone bill. That would appear to be enough to destroy the airlines defence.