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Old Feb 7, 2010, 3:36 AM
Cicero Cicero is offline
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Join Date: Jan 2010
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Quote:
Originally Posted by grant taylor View Post
we booked a holiday to cuba ,3nites Havana 4nites resort.we booked in Oct 15. some time later, full payment was made as usual. our original departure was a redeye from Calgary, Friday 13 12.00 am with arrival in varadero about 6 am. just fine with a 2hr buss ride to havana we have all day to explore before checkin. THEN upon checking E tickets our flight had been changed to departure time 7 pm and arrival about 2 pm and to havana about 5 AM. this brilliant move shorted us a full day in Havana. we paid 7 days and only receiving 6!!! this is certainly NOT ACCEPTABLE! The now x-travel agent and air transit dont seem to care about return customers. n ow custumer relations (shawn) says we are actually leaving earlier than before????WTF! cant figure how that works.anyways, at $300.00 per day per person you usually get a little better SERVICE. something they dont know obviously. EXPECT THE WORST>>>>YOU WONT BE DISPPOINTED!!

Grant,

With respect to your claim, our travel expert on this forum Silent Bob Jerkero and I have discussed this further privately. We think you are entitled to a partial refund from Air Transat in the sum of $300 per person for loss of the one day of your holiday.

We suggest you just take your vacation, then upon your return write them a letter claiming the refund. You will not get it. But your need this to show you tried to resolve your dispute by letter. Then your course of action is to file a claim in small claims court in your jurisdiction. You should have one in Calgary.

The forms are easy to fill out and you don't need to hire an Attorney. Airlines seldom attend court for a small claims action and you are likely to win by default. But if Air Transat has an office in Calgary someone may attend.

In any case Silent Bob Jerkero and I think they cannot justify what they did after you paid for your ticket. An airline is allowed to change their schedules, but not in such as way as to cause you the loss of part of your vacation. You are protected by the Montreal Convention as this is international travel, and the change in schedule is effectively a delay in arrival in Cuba. Article 19 of the Convention provides strict liability for damages for delay. Nothing marked on the ticket can justify the loss of your vacation day. Next they could adjust their schedule so you lose two days and so on.

Silent Bob Jerkero is an expert on this, so let us know if you have any questions.

Last edited by Cicero; Feb 7, 2010 at 3:40 AM.