According to Consumer NZ, passengers affected by Air New Zealand’s flight cancellations can request a refund if they choose not to take the alternative flight offered.
“Air New Zealand has announced it will be cutting over a thousand flights in the coming weeks because of rising fuel costs,” Consumer NZ chief executive Jon Duffy said.
“While most travellers will be rebooked onto same-day flights, we want people to know that if that new flight doesn’t suit them, they can choose not to take it and ask for their money back instead.”
If an airline cancels flights due to uncontrollable events such as severe weather or airspace closures, passengers typically must accept the inconvenience and cover related costs or file an insurance claim.
For Consumer NZ, Air New Zealand’s cancellations are within the airline’s control.
“The decision to amend the flight schedules is driven by rising fuel costs. We think this is an operational decision, which means impacted passengers have rights if the rescheduled flight doesn’t suit them.”
Consumer NZ stated that if a domestic flight is cancelled for a reason within the airline’s control and you don’t want to take the replacement flight, you can request a refund under the Civil Aviation Act.
Under the Civil Aviation Act, passengers can also claim reimbursement for extra expenses like meals, accommodation, and other costs to reach their destination.
Consumer NZ has also argued that since Air New Zealand’s flight cancellations stem from financial decisions, the airline will likely struggle to prove it took all reasonable steps to avoid them. This makes it liable for disrupted international flights under international laws, including the Montreal Convention.
Passenger rights for international flights vary based on the destination and the airline involved.
“However, at a minimum, you’ll be entitled to a refund if you don’t want to accept the alternative flight that’s offered to you. You may also be able to claim back any additional costs you incur. In total, the maximum amount you can claim for a delay under the Montreal Convention is $15,134 – this includes alternative flights to get you to your intended destination,” Consumer NZ said.
Passengers facing disruptions from EU departure airports may qualify for extra financial compensation. Consumer NZ provides more details on its website.
Although last year’s Civil Aviation Act amendments empowered the minister to mandate that airlines inform passengers of their rights, no such action has been taken.
“People impacted by flight disruptions deserve clarity – it shouldn’t be up to them to interpret complex laws to figure out who is at fault for a cancellation and what that means for their own situation. Air New Zealand’s flight cuts highlight precisely why the current information gap needs to be filled,” Duffy said.