Eva Air Ticket Refund Due To Force Majeure

[creck]

I have an EVA air ticket for return BKK – LHR next week which I cannot use since I am in my house in Sai Mai and the roads are impassable in any reasonable way. (In any case the conditions of my family marooned on the top floor my house make it impossible for me to leave them for ten days) My agent did not answer my mails but in contact by phone she has told me that EVA air will allow me a month to reschedule my travel. I interpret the General Conditions of Travel to say that in the case of force majeure preventing travel on the booked date they will give me credit for future travel. However in the sentence are the words ‘of the period’; it is not clear what period these words refer to. They seem to refer to the non-refundable amount of the fare. I don’t see how that can have a period or where it might be stated.

In reality, the force majeure will have a duration which is undefined but is estimated in Government announcements to be one month or more! It is clear and reasonable in this case that for the ticket to be useable that any period of restriction at all must start from when I can use the ticket. Indeed it just possible that the Period referred to in the conditions does refer to the period of the force majeure (for example, in the common case of illness it would also be reasonable).

Does anybody have experience of this kind of problem? Is there any precedent that can guide me? Does anyone else have an EVA air ticket that they cannot use due to the flood situation in Bangkok? Or other airline similar.

Extract of ‘GENERAL CONDITIONS OF CARRIAGE’ published by EVA airline.

3.1.3 Some Tickets are sold at discounted fares which may be partially or completely non-refundable. You should choose the fare best suited to your needs. You may also wish to ensure that you have appropriate insurance to cover instances where you have to cancel your Ticket.

3.1.4 If you have a Ticket, as described in 3.1.3 above, which is completely unused, and you are prevented from travelling due to Force Majeure, provided that you promptly advise us and furnish evidence of such Force Majeure, we will provide you with a credit of the period of the non-refundable amount of the fare, for future travel on us, subject to deduction of a reasonable administration fee.

[otissp]

Can you copy 3.1.3 and 3.1.4 of the chinese version of the terms and paste into this thread? I suspect the "of the period" thing is just a poor translation of the chinese. I looked at my electronic conditions of carriage from a previous EVA ticket, which are in chinese and english, but they dont have these clauses.

My chinese reading skills are so-so, but maybe someone better at it can read the original 3.1.4 and explain what it means.

I suspect it is just a translation glitch and basically it just means that rather than your losing the non-refundable portion of the ticket entirely, you will receive a credit for use in future flight equal to the amount which is non-refundable, minus their "reasonable fee".

Edited November 5, 2011 by otissp

[creck]

What you suggest is what I hope. However, my agent has said they will give me a month, but how well she argued my case i don't know. EVA air in bangkok said I must talk to my agent. Actually I think they are the airlines agent always.

I am looking to see if I can find the Chinese version will post if I find it.

The English was on EVA's site, not associated with my ticket.

Edited November 5, 2011 by creck

[creck]

What you suggest is what I hope. However, my agent has said they will give me a month, but how well she argued my case i don't know. EVA air in bangkok said I must talk to my agent. Actually I think they are the airlines agent always.

I am looking to see if I can find the Chinese version will post if I find it.

The English was on EVA's site, not associated with my ticket.

I have found a Chinese version but it seems quite different to me. My wife was the one who spoke to the agent in Thai and on going over the conversation with her again I am now not worried; The reply from the agent was ‘one month OR yr money back’ which is not what I had understood before. So thanks a lot for yr help, it seems OK to me now