Particulars of Claim Against AirAsia for Non Refund of Flight

Trying to get through to AirAsia currently is a big waste of time. They have no Telephone number , their online Chat service AVA times out after 30 minutes , and you can never join a wait queue less that this. I had to sign up to a Twitter account as thats the only way I could communicate with them and they just replied that “2 Months is a normal amount of time to wait and to continue waiting”

I raised a VCAT against the company as they were breaching consumer law, after submitting this claim and notifying their twitter support , I got through to an actually person and success

APPLICANT

And

AirAisa Berhad

FIRST NAMED RESPONDENT

PARTICULARS OF CLAIM

  1. The Applicant booked flights directly with the Respondent on their online booking service https://www.airasia.com/ on XXXXX Booking Reference XXXXX at XXXX am PHT from XXXXX departingXXXX via Flight XXX and XXXX to XXXX
  1. On the XXXXX, the Applicant received an email from the Respondent which stated that they had temporarily suspended all flights to XXXX and the Applicants flight (XXXXX) and booking (XXXXX) had been cancelled. It also stated the Applicant was entitled to a Full Refund. The  particulars of the email dated XXXXX is as follows:

Particulars

Dear Guest,

Following the travel restrictions imposed by the Governments of Australia and Malaysia, AirAsia is temporarily suspending our flights between Kuala Lumpur and Australia (Melbourne-Avalon, Gold Coast, Perth and Sydney) from 19 to 31 March 2020.

The following flights will be operated for AirAsia’s guests who are Malaysia citizens or other eligible guests currently in Australia; or for Australia citizens currently in Kuala Lumpur on a first-come-first-served basis:

20 March / Sydney – Kuala Lumpur / Flight D7 223

20 March / Kuala Lumpur – Perth – Kuala Lumpur / Flight D7 236 and D7 237

21 March / Kuala Lumpur – Melbourne-Avalon / Flight D7 218

22 March / Melbourne-Avalon – Kuala Lumpur / Flight D7 219

For eligible guests who wish to urgently change their travelling schedule to the above flights can do so using AVA through the following steps at least 4 hours before the scheduled flight departure:

1. Go to airasia.com or support.airasia.com > look for the AVA icon at the bottom right corner, OR go to the AirAsia mobile app > Menu > Chat with AVA

2. Select “COVID-19” from AVA’s main menu

3. Select “Nationals restricted to travel”

4. Select “Move Flight”

5. Proceed to the next steps as instructed by AVA

Or proceed to AirAsia’s operating airport counters as listed below four (4) hours before the scheduled flight departure:

(i) Kuala Lumpur: klia2, AirAsia counters

(ii) Melbourne-Avalon: Avalon Airport, International Terminal – AirAsia counters

(iii) Perth: Perth Airport, Terminal 1 – AirAsia counters

(iv) Sydney: Sydney Kingsford Smith Airport, Terminal 1 – AirAsia counters

For all other affected guests, options will be offered to alleviate travel inconveniences as below:

1. Credit account: Request for a credit account of the value of your booking which is to be redeemed within 365 calendar days from the issuance date for your future travel with us. The actual travel dates can be after the expiry date as long as our schedule is published.

2. Full refund: Obtain a full refund in the amount equivalent to the original booking.

Please refer to COVID-19 Customer Guide to check your eligibility and on how to submit your request.

The above is applicable for direct online bookings made via airasia.com only. For group bookings made with travel agents, kindly refer to your respective third party booking agent for further assistance.

We sincerely apologise for the inconvenience caused by this. However, the safety and wellbeing of our guests is our top priority and we will continue to comply with all advice and regulations from respective local governments, as well as local and global health authorities with regards to the current global health situation.

We thank our valued guests for their patience and understanding at this time.

Regards,

AirAsia X

  1. On the ……………….the Applicant received a Cancellation Email which further stated the Applicant was entitled to a full refund. The particulars of the email dated…….is as follows: 

Particulars 

Flight cancellation notice

Booking number: XXXXXX

Dear Guest,

We regret to inform you that your AirAsia flightXXXX scheduled to depart fromXXXX to XXX on XXXXXX has now been cancelled due to operational reasons.

We sincerely apologize for any inconvenience caused, and you may select one of the following service recovery options below:

1. Move flight: One-time flight change to a new travel date on the same route within 180 calendar days of the original flight time without additional cost, subject to seat availability.

Contact us via our Customer Contact Channels with your new flight details (date and time)

2. Credit Account: Request for a Credit Account of the value of your booking which is to be redeemed within 365 calendar days from the issuance date for your future travel with us. The actual travel dates can be after the expiry date as long as our schedule is out.

For Credit Account, visit support.airasia.com and select “Chat with AVA”. Once the AVA chat window opens, select “Refund” from the menu followed by “New Refund Request” and complete the fields as directed by AVA.

3. Full refund: Obtain a full refund to your original payment method for the amount equivalent to your booking.

For refunds, visit support.airasia.com and select “Chat with AVA”. Once the AVA chat window opens, select “Refund” from the menu followed by “New Refund Request” and complete the fields as directed by AVA.

For credit account or full refund for bookings made and paid through a travel agent or third party, kindly contact the travel agent directly. 

We sincerely apologise for any inconvenience caused. Please disregard this email if changes have been made.

Regards,

AirAsia

  1. The Applicant claimed a full refund on Respondents website via Respondents automated “AVA Chat Support Bot” Active Case Number XXXXXX
  1. The Applicant through the Month of XXXXhas tried to get in touch with Respondent multiple times, however only contact methods for Respondent were through their Online Website “Ava Chat Function”. There was no contact phone number available. Once joining “Ava Chat Function”, wait times were a said to be an hour. After 10 – 20 minutes of waiting “Ava Chat Function “ “Timed Out” and lost connection on each try. The Applicant tried to use the “Ava Chat Function 10 times on different times and days during the month of April.
  1. The Applicant used “Twitter” to contact the Respondent on the XXXXX. Particulars of the conversation on Twitter are as follows:

Particulars 

Respondent : Hey there! We’ll attend to you shortly. Please provide your booking number, full name or email for further assistance. Thank you! ^^ XXXXXX

Applicant : I would like a full refund please XXXXX

Hello?, 

Respondent : Hi XXXXX,sincerest apologies for the late response. Since we are receiving overwhelming refund requests at the moment, there might be delays in the process. Therefore, to ease your inconvenience due to the current situation, we are pleased to offer you a faster alternative of getting the amount that you paid back by converting it into Credit Account form (it will be kept in your BIG Member Account) with 730 days validity. If you change your mind about a credit account, do let us know and provide us your Big ID account number. We will assist you from here accordingly. 

Otherwise, if you are definite for the refund, please allow more time while the team reviews your case and you will be updated accordingly through email. Your active case number will beXXXXX. Your kind understanding is greatly appreciated.

  1. The Respondent has postponed or denied the Applicants multiple requests for a full refund of Services that were cancelled by the Respondent a day after the Applicant purchased them. The delay has been over a 2 month time period with no current time lines of future refunds
  1. By reason of the conduct described in paragraph 7 the Respondents have breached Australian Consumer Law, specifically chapter 5 

Particulars of contravention

Enforcement and remedies: national enforcement powers and remedies relating to consumer law.

– The ACL creates national enforcement powers, to be used by all consumer law regulators, including civil penalties and remedies for breaches of the ACL. Not all remedies require a breach to be taken to court. For example, under the ACL, consumers can seek a refund, replacement or repairs if a supplier fails to satisfy its obligations in relation to consumer guarantees.

  1. By reason of the conduct described in paragraph 7, the Respondents have breached sections 9.2 , C of their own Terms and Conditions https://www.airasia.com/aa/about-us/en/gb/terms-and-conditions-ak.html

Particulars

9.2 Cancellation, Changes of Schedules: At any time after a booking has been made changes, cancellations, diversions, postponements, reschedules and/or delays of any flight may occur due to circumstances beyond our control or for reasons of safety or commercial reasons. In the event of such flight cancellation, we shall at our discretion, either:

  1. carry you at the earliest opportunity on another of our scheduled services on which space is available without additional charge and, where necessary, extend the validity of your booking; or
  2. retain the value of your fare in a credit account for your future travel if you choose to travel at another time, provided that you must re-book within ninety (90) days therefrom.
  3. refund the value to your bank account or credit or debit card if you choose not to proceed with your trip due to a flight cancellation and/or rescheduling that occurs three (3) hours or more before or after the original scheduled departure time. For avoidance of doubt, no refund will be issued when a flight is delayed, cancelled and/or rescheduled at the airport on the day of departure for which you may not have been accepted on the flight.
  1. The Applicant has suffered financial loss with no refund in a timely manner as well as interest on the missing refund
  1. The Applicant claims –
    1. Refund to Applicant for the amount paid to Respondent of XXXXAUD
    2. Costs in chasing the refund
    3. Interest on the refund

Dated this XXXXXXX

3 Comments

  1. Thanks for this information!! I have lodged mine but wondering what email address you used. I have tried sending a copy of the VCAT docs to the one mentioned on their website but it bounces

    1. The VCAT claim was to [email protected]

      I had to notify the support representative on Twitter ( had to sign up to a Twitter account to do this ) that I had lodged a VCAT Claim against them , and they notified me it has finally been escalated

      1. when i sent an email to that address (which was provided in the chat with the support representative earlier today) I got this bounce back! Address not found
        Your message wasn’t delivered to [email protected] because the address couldn’t be found, or is unable to receive mail.

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