HOLIDAYS THIS SUMMER –CHECK YOUR AIRLINE FIRST

 Are you going to plan holidays this summer and are going  to book air tickets soon .Hold on ,you must know, 

But what would you do when you hold a confirmed ticket  and  after  reaching  the airport you find flight cancelled due to poor upkeep or mismanagement giving no valid reason for the cancellation Delhi State commission has given a very loud judgement in favour of consumers if Airlines behave in an irresponsible manner  It was held:

“As a detetrrent for such airlines who delay or cancel the flight due to poor keep up or their fleet or poor management of their affairs and thereby leave the passengers stranded   and high and dry ,we propose to invoke provisions of section 14(1)(hb) of the act as in this case flight was cancelled without any valid reason that may be beyond human control,we hereby direct the airline to refund the ticket cost and also  send a cheque of Rs 15000/- to all the passengers including ; the complainant in the present case who were to travel by that airline which is a compensation for for the sufferings and an extra expenditure for booking in some other airline .”

In the present case airline took the plea that responsibility of informing the passengers about cancellation of the flight was of the agent who booked the ticket for the passenger .It was also argued that it was the duty of the passenger to confirm the departure of the flight 72 hrs before .State commission rejected both the pleas .It was held that airline was responsible for the acts of commission and omissions of its agents . Also,once tickets have been booked well in advance ,it is not the duty of the passenger to further check it 72 hrs before the departure.

In yet another case National commission observed :

 “ The airlines try to attract passengers /consumers by offering frequent flier programes  like Miles &More Membership schemes ,so as to wean away passengers from other airlines to their own .This is thus like a discount coupon and hence .it is a clear cut promise to provide future services for present payment’

Order dt ’7^th January 2008,CTJ 261 (CP) (NCDRC) 

 In the Above case  passenger was not allowed to fly to San Francisco  for want of valid visa  inspite of the fact she was exempted for getting a visa to USA under the scheme.

The facts in brief in the present case are that the united air-lines is a star alliance partener along with Lufthansa .Accordingly complainant who purchased tickets from Lufthansa ,can travel united airlines and vice-versa. The Complainant had spent Rs 3.5 lacs toward her round the world trip on Lufthansa earlier as a result of which she was awarded a ticket by Lufthansa with the following routes ;

a)Mumbai-Singapur-Vancouver by Singapur Airlines.

b)Vancouer/San francsico-Hongkong-Singapur by united Airlines

                c)Singapur-Mumbai by Singapur Airlines

  Before the issue of ticket,complainants passport was scanned by Lufthansa .The complainant was shocked when during her trip to San Francisco, the united airlines did not have the facility of machine scanning of the passport, neither they had the notification exempting British Nationals for getting visa to the USA though even with the naked eyes one could see that it was a British passport exempting British nationals from possessing a US visa .This caused complainant to pay 997.61 Canadian dollors for her trip from Edmonton to Toronto to hongkong ,apart from the taxes to the tune of Rs 8689/-The trip to Hongkong  complainant was to go via San Francisco but now he had to go via Edomonton to Toronto and then reach Hongkong under compelling circumstances  in order to complete his journey .  The complainant claimed in her complainat on 4.10.2005 before the district forum and the forum awarded the same alongwith interest at the rate of 9% per annum ,Rs 5000/- compensation and also cost of litigation to the tune of Rs2000/- .The order passed by the forum was confirmed by the state commission in appeal filed by the opposite party .

Lufthansa airline filed a revision before the national commission revision petition no 4300 of 2007 arising out of the order dt 22.8.2007of the Maharashtra State Commission in appeal no 2748 of 2006.

The main plea taken by the petitioner in the present appeal was non-joinder of United  airlines  who was a necessary party and if any compensation is to be paid it should be paid by by united airlines Terms and conditions governing “ Miles &More Membership scheme’’ were also brought on record by the petitioner  to press the stand wherein last line of clause 4.2.2 (award flight ) reads : The flight taken as an award flight is subject to the operation carrier’s general conditions of the carriage’It was submitted that in the present case the operating carrier was the united airline and according to the clause 2.4.6 (aqward condition) “miles &more scheme has no direct control over those companies ,so that neither Lufthansa nor the respective joint operator may be held responsible for availability of services like hotel stay,rental cars etc. It is observed that complainant has not asked for unlimited services like hotel stay or rental cars ,hence this clause cannot be made applicable in the present circumstances .

It was further argued by the petitioner through general conditions (at page 109 of the paper book )which reads as under:

13.1.1 You are responsible for obtaining all required travel documents and visas for complying with all laws ,regulations orders demands and travel requirements of countries to be flown into or through which you transit.

13.1.2 We shall not be liable for the consequences to any passengers resulting from his or her failure to obtain such documents or visas or to comply with such laws ,regulations .orders ,demands and requirements ,rules or instructions

 No where it is mentioned that complainant was made aware of these general conditions before becoming the member of frequent flier programme.More so,it is not a case  that complainant  did not posess valid travel documents namely the passport which was in currency and had not expired.Secondly it was a british passport which entitled her to an exemption from obtaining US visa In the circumstances complainant need not obtain any visa once passport was scanned by Lufthansa before issuing travel document Lufthansa is a partener of united airlines and partener is liable for all actions of united airlines in such joint ventures hence making them party is not necessary However Lufthansa is open to recover the expenditure incurred from the partner airline concerned.

Lufthansa German Airlines v Mrs Surinder Kour Bajaj 

  But if your visa gets expired before completing the journey ,it is surely your responsibility to check the things beforehand and then proceed as laws and rules are to be followed In one  such case where the facts are ,that the pass port had expired before completing the journey.Complainant went to USA to attend a conference from 27.5.2004 till 29.5.2004 .He purchased a ticket for journey to Delhi –London –Delhi on British Airways on payment of Rs 62992 but complainant was not allowed to board his flight for his return from philadephia to Delhi on22.6.2004 on  the ground that visa was expired on29.5.2004 .State commission of Cuttack,Orissa held complainats visa had clearly  expired and on this point airways was not guilty but they should have refunded the money there and then which they did not do,hence were liable to pay compensation with refund money later on .

British Airways v Rabindra Nath Pati &Others 2008 CTJ 401 (CP)(SCDRC)

     

 

 

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