Eva Air - Update

[rocketmanbkk]

so, I wrote a while ago as I have a small problem with EVA Air, who have in the past 8 years been my carrier from LHR - BKK at least 3 times per year.

Anyway, I booked a flight in September to travel in November with them on the EVA Air website as prices were keen, the dates were what I wanted and so I continued to read the fare rules, all was OK so I entered my credit card details and booked it. Unfortunately in November I could not travel and so the Friday before I was supposed to travel phoned the EVA office in London and told them I may not be able to travel on the Sunday flight and was told that was no problem, call back and let us know as I said I would change my outbound date. All was OK.

On the Monday after I was supposed to fly, EVA called me to ask if I flew and when I said no, they asked if they could cancel my return journey which I agrred to and said that I wanted to make a date change. I was told that all I could do was to refund my ticket and book a new one. I said, politely, that under my fare rules a date change was £75 and I wanted to envoke this rule.

Well, I was told I could not do this and I was to put this in writing. I did and copied all of the email from EVA to me of the confirmation when I first booked. this included the fare etc. and the fare rules - you know the kind of email you receive.

Anyway, this situation has been going on and on and EVA have been trying to negotiate with me. They HAVE confirmed in writing via email that they did not communicate the correct fare rules to me but that I could still not have a date change and all they were prapared to do was to refund my flight with no fee payable BUT I have to rebook a new flight with them by 15 DEC 09. The dates when I can go make the ticket approx £150.00 more than I originally paid.

I have refused to do this and so today I have told them that under the Supply of Goods and Services Act 1982 my contract was with them under the rules that they communicated to me, I copy and paste these rules here:-

Fare Rule

*******************************************************************************

01.Ticket Type

Electronic Ticket

02.Itinerary

LONDON(HEATROW) to BANGKOK / Round trip

03.Cabin/Booking Class

Take Economy Class(all itinerary) / H

04.Flight Application Day

Days of week for Outbound Departure: .234567

Days of week for Inbound Departure : .234567

05.Fare Application Period

Outbound Travel Period : 2009/11/10 to 2009/12/5

Outbound Embargo Period : NIL

Inbound Embargo Period : NIL

06.Minimum/Maximum Stay

Maximum: 1Month(s)

07.Flight Restrictions

NIL

08.Validity of Ticket

If no portion of this ticket is used,

the ticket validity is one year from the date of issue,

is specified in FARE APPLICATION PERIOD.

Change of date(Surcharge): GBP 75

Change of route(Surcharge): Not Permitted

Refund Surcharge: GBP 150

09.Other Rules

VALID ON BR ONLY

NONENDORSABLE/NONREROUTABLE

PARTIAL USE NOT REFUND

REBOOKING REFER TO EVA OFFICE

PARTIAL USE NOT REFUND

THIS PROMOTIONAL FARE IS NOT ELIGIBLE FOR EVERGREEN CLUB MILEAGE ACCRUAL INCLUDING BONUS MILEAGE AND FLIGHT SEGMENT CREDITS.

Please be reminded that charges for change of date/routing or

refund might be applied in accordance with the related fare

rules/conditions.

*******************************************************************************

Sending Time : 2009/09/29 10:12:17

So, my question is, looking at the fare rules above can anyone tell me where it says in plain readible English that there cannot be an outbound date change?

I have looked and other have looked with a critical eye and everyone agrees that is states under Rule 08 - Change of date(Surcharge): GBP 75.

If EVA do not allow me to change the date or provide a full refund without conditions I am prapared to proceed to the small claims court to have this issue sorted out as I cannot see I am in the wrong.

Now then, I do actually think EVA Air have made a mistake as my ticket was £450.00 and not a full APEX fare but under the rules that I purchased the ticket with is what forms the basis of our contract and this is what they are in breach of at present or so I beleive.

Any thoughts?

Cheers

[londonthai]

you should change outbound before departure date - you failed to do so before sunday and an airline has the right even to cancel your inbound ticket. Only at their discretion is a refund, which their offered to you and you should accept it than.

[taxout]

Outbound travel under that fare has to commence by December 5. Were you trying to re-book a departure after that date?

[rocketmanbkk]

I didn't give them a date of travel as they are saying that there is no outbound date change.

I have basically told them to shwo me where this is within the fare rules that I received from them that forms our contract.

To have changed the outbound date before was not stated within teh fare rules. i am trying to play fair with them but they cannot give me an answer when i ask them to show me the fare rule where is states i cannot make an outbound date change.

If the rules stated this then I would accep it but rules are rules inmy eye and all it states under rule 08 as you can see is an date surcharge of £75gbp - whether this outbound or inbound is not stated so I have accepted tis rule to me either.

Londonthai - it does not state either that I need to make a date change before the outbounbd travel date. I agree it is perculiar that the rule is so wide and varied but the rule stated under fare rule 08 is plain to see would you not agree?

[rich1]

Outbound Travel Period : 2009/11/10 to 2009/12/5

is this not the reason for the problem from their side, the fare basis is during the specified dates

[taxout]

Airlines also play games with the booking class, which determines how many seats are available for each of the many fare levels offered.

You have a promotional fare in booking class H, and have to depart on or before December 5. So if you try to change your flight date in late November, the airline can always refuse to do so on the grounds that no seats are available in booking class H till after December 5. The airline itself determines how many seats are available in each booking class, so you're really at the mercy of the airline here.

The advice is always: don't cancel a reservation until you've got a new booking confirmed.

[vera5212]

you should change outbound before departure date - you failed to do so before sunday and an airline has the right even to cancel your inbound ticket. Only at their discretion is a refund, which their offered to you and you should accept it than.

Agree with the comment of LondonThai

[rocketmanbkk]

when I called EVA on the Friday before I was due to travel i exp;lained to them I may not be travelling an dthe ailrine rep stated to me to call when I knew. I told her my flight was on a Sunday and so that is the reason why I wasw calling the Friday before.

All EVA are saying is that I can refund the ticket with no surcharge fee but I must rebook with them before 15 Dec 09.

They have confirmed in writing to me that they did not communicate the correct fare rules to me.

[rocketmanbkk]

Plus I contacted them on 14th November so there would have been plenty of time to sort another date by 5/12/09 but the rep at EVA Air went on annual leave and no one else would reply to teh situation but only tell me she was back on 7th December.

I'll see if I receive a further reply tomorrow or i will take this to small claims court as from what I have in writing, their admittance that they did not communicate the correct fare rules to me make this a braeach of contract on thier part.

Nowhere do the rule state no outbound date change is allowed, I agree with the date the flight must be used by and it was a discounted flight but still if they had communicated the correct rules to me I would not be in this position today.

I consiulted the Citizens Advice bereau today and showed the the correspondence I have and they agree that EVA Air are in berach of the Supply of goods and services Act 1982.

Under the terms of the Supply of Goods and Services Act 1982 it is stated that:-

• If a supplier of a service breaches the conditions of a contract, the consumer has a choice either to affirm the contract (treat it as still in existence) and claim compensation from the trader for his failure to carry out what was agreed or rescind (cancel) the contract.

• A supplier of a service who has broken a contract may also be liable for any consequential loss which is suffered by the consumer.

I have sent them this and will see what their reply is.

It is easy for them to refund me with no surcharge and no condition and keep me and my family as customers or change the date of my booking.

Let's see what they say!!!

Thank you for your responses.

[ericthai]

Outbound travel under that fare has to commence by December 5. Were you trying to re-book a departure after that date?

Outbound Travel Period : 2009/11/10 to 2009/12/5

is this not the reason for the problem from their side, the fare basis is during the specified dates

Seems several people have tried to explain to you about how they understand the ticket rules and you dont want to hear anything other than you are right and EVA Air is wrong. So I guess you need to do want you want and not ask for advise.

Dont mean to be so blunt, but we are giving advise you are still saying you are correct.

[Maestro]

...

05.Fare Application Period

Outbound Travel Period : 2009/11/10 to 2009/12/5

Outbound Embargo Period : NIL

Inbound Embargo Period : NIL

...

08.Validity of Ticket

If no portion of this ticket is used,

the ticket validity is one year from the date of issue,

is specified in FARE APPLICATION PERIOD.

Change of date(Surcharge): GBP 75

Change of route(Surcharge): Not Permitted

Refund Surcharge: GBP 150

...

There seems to be a line of text missing in rule 08, between “date of issue” and “is specified". Is this how you got it?

--

Maestro

[tonititan]

when I called EVA on the Friday before I was due to travel i exp;lained to them I may not be travelling an dthe ailrine rep stated to me to call when I knew. I told her my flight was on a Sunday and so that is the reason why I wasw calling the Friday before.

All EVA are saying is that I can refund the ticket with no surcharge fee but I must rebook with them before 15 Dec 09.

They have confirmed in writing to me that they did not communicate the correct fare rules to me.

You told them you MAY not be traveling on Sunday? So you expected them to just keep your seat for you, just in case? You were told to call when you knew for sure. You obviously knew on Sunday that you weren't flying (or you would have been heading to the airport), so why was it so hard to pick up the phone and call them on Sunday to let them know that you weren't flying and wanted to reschedule? Since you were really a "no show" and you never officially canceled your flight, I think you're lucky they are willing to even give you a refund. If you had just missed your flight, would you expect to rebook for free? Basically that's what you did, since you never officially canceled. You just said you MIGHT not be there.

[SantiSuk]

Last post says it all. If OP is still complaining hereafter I hope a mod closes the thread!

If you do not cancel and rebook your flight before the flight departure som nam na. Maybe the EVA rep did not make it clear that you should call when you knew before the date of the flight, but surely anyone who travels frequently knows that is so.

Sorry you lost out though.

[rocketmanbkk]

I will try to answer each reply as briefly as possible, but thanks to all for replies.

There seems to be a line of text missing in rule 08, between “date of issue” and “is specified". Is this how you got it? THIS IS EXACTLY HOW I RECEIVED THE RULES.

When I called them the Friday prior I was told to call back when i knew a new date ofo travel. The EVA Office in London is not open weekends. If at that stage they would have said to me that I could not make a date chaneg I would have cancelled an daccpeted that but it was them who told me to call back when i knew a new date.

Ericthai - no problems with bluntness but as per the above and I have now also contacted a solicitor to ask their advice, the contract with EVA Air clearly states a date change can be made for £75.

Santisuk - you are one of the reasons I post here rarely.

Thank you all for your responses.

I won't update after this and yes I can see another post after this with a negative sarcastic comment again which is why the forum is becoming somewhere for peopel to moan.

Take care all.