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View Full Version : Why Cathay Pacific gets sued


ColonelAngus
11th Nov 2014, 14:12
Why Cathay Pacific gets sued - Manila Standard Today (http://manilastandardtoday.com/2014/11/11/why-cathay-pacific-gets-sued/)

For an airline that claims world-class status in the aviation industry, boasting of decades of service, Cathay Pacific displays an utter disregard and gross ignorance of how to treat its customers properly.

Its shabby treatment of a good friend of mine a couple of months ago befits the behavior of a small-town fly-by-night operator.

I refer to my friend, former Ambassador to Laos Antonio L. Cabangon Chua, also chairman of his Group of Companies. He had the misfortune of choosing to fly Cathay Pacific Airways during a weekend trip to Hong Kong sometime in late September.

A true foodie, Tony usually hies off to places where he could indulge his cravings for delicacies. Hong Kong is one such place where he could enjoy such goodies as scallops and soft-shelled crabs.

The anticipated pleasure food trip became a bad trip instead when Cabangon Chua was told at the NAIA terminal by Cathay Pacific’s crew that the business-class bookings for the ambassador and a companion had to be downgraded to economy class. The airline staff tried to sweeten the downgrading by describing the alternate booking as a “premium economy class,” as if the customer wouldn’t see that even as “premium class,” it was still economy class, and worth much less than already paid for.

The reason given was that the aircraft originally assigned for that particular fligh—CX918- had to be serviced and replaced by a smaller aircraft with fewer seats for business class passengers.

The ambassador had paid for a total of US$1,958.58 for two round-trip business class tickets. He naturally expected that the airline would automatically pay back the difference of US$1,420 between the business class and economy class.

However, there was no firm assurance from Cathay Pacific that such a reimbursement was forthcoming. Instead, the ground personnel tried to pay Cabangon Chua and companion P3,000 in exchange for signing a document that appeared to be a receipt for “advance” payment of a future reimbursement of the fare difference.

A careful reading of the paper showed to Tony and companion was actually a “quit claim” absolving Cathay Pacific of all liabilities for the downgrading —meaning there definitely was no assurance that the airline would pay back the whole amount. The ambassador naturally refused. In any case, the ambassador boarded the plane to end the stressful episode and headed for Hong Kong for his anticipated pleasure food trip.

The downgrading would have been easy to dismiss and get out of the mind of my friend Tony. But what really disgusts the ambassador is how the Cathay Pacific ground staff tried to make a fool of him by making him and his companion sign a quit claim in exchange for P3,000. Very insulting indeed for the chairman of his own Group of Companies engaged in banking, insurance (life and non-life) HMO, hotels and tourism, publishing, radio and television broadcast, education, property development and other allied businesses.

For someone with his resources, the fare difference of US$1,402.02 is no big deal. It’s the principle of the thing that rankles.

Tony expressed this sentiment in a demand letter he sent to Alan Lui, Cathay Pacific area manager in the Philippines through lawyer Alexis Oco. But Cathay Pacific’s reply through its lawyers, Siguion Reyna Montecillo and Ongsiako Law Offices, added insult to injury when the ambassador was told that the airline would be willing to refund “the fare difference of only US$188 for each pax,” or US1,000 less than the amount demanded by the ambassador.

My gulay, no reason given, no explanation as to how the airline reduced the difference in the prices of business class and economy class tickets from US$1,402.02 to only US$376 or US$188 each.

And so in their demand letter, the ambassador’s lawyer describes Cathay Pacific’s counter-offer as a “baseless, inequitable and downright insulting.” Their computation simply doesn’t make sense.

Now, totally disgusted with the very insulting and patronizing way Cathay Pacific is doing business, the ambassador has made a formal final demand and not only for a refund of the undelivered business class accommodation of US$1,402.02, but is now demanding an additional P2 million in moral and actual damages.

As the ambassador’s lawyer wrote to the airline, “should you fail to reply as herein required, we shall be constrained to file the appropriate course of action against you, which would necessarily include claims for interests, incidental damages, attorney’s fees and cost of litigation.”

From a small incident, Cathay Pacific is now facing a full-blown suit for its deceitful and insulting treatment of a well-known Filipino businessman.

Yonosoy Marinero
11th Nov 2014, 14:42
Hmm. I'll keep the pitchfork and torch in the shed for this one...

This sounds more like a case of a whiny businessman with more money than class throwing a tantrum over losing his bizzy class seat.

As the exemplary ex-dignitary of his country and prominent patriot that he is, I am sure he will be happy to fly PAL next time.

Arfur Dent
11th Nov 2014, 16:21
This is not a good way to treat somebody is it?? He paid for 2 J Class tickets and his money was accepted thereby forming a 'contract'. He turns up and is given no choice but to accept an inferior seat. Therefore Cathay has broken the terms of the contract and should pay back the difference. That's the way the rest of the world works. Why is this different?:confused:

Shep69
11th Nov 2014, 17:36
There are can-do and can't do folks in every airline--the cannot folks "can do" great harm. Don't know if we have the full story here (like in the Spirit incident) but the right solution is fix the problem without bureaucratic encumbrances and simply refund the difference to keep the individual happy. Don't blow 100 dollars to pick up a penny. Most of the working level resolutions I've seen have been pretty good--but I could also see something like this happening.

Strangely enough when you do the right thing life goes pretty well.

For the OTHER fines and lawsuits, it comes down to one word: Arrogance.

I'm about as far against anti-trust legislation as anyone can get. I also think folks who can't figure out ticket prices on the internet shouldn't have keyboards and a law to save them from themselves is pretty silly.

But what I think doesn't matter if I'm entrusted to manage a company--and it DOUBLY doesn't matter if I'm entrusted to protect shareholder's money. Just because you can get away with bully tactics in your own pond doesn't mean you can do so elsewhere. Or that when united together even the little fish in your own pond might some day give you a rather brutal schooling on ethics.

So we've found this out on several occasions--that OTHER nation's regulatory authorities don't really give a damn about how important you think you are.

The cargo and internet fines we've paid through our own arrogance would go a long way toward a cost of living adjustment for the flyers. Yet this money is written off without account. One would hope those driving the bus would someday learn from this.

Silent Running
12th Nov 2014, 01:42
Aircraft switch more likely due to Executive decision to tailor type to overall load rather than the fallacious excuse provided by management...

Just done a LH where 15 Biz downgraded to the delights Premium Y due oversale. Once the word gets around there'll be plenty of seats for staff travel...

It takes a lifetime to build a good reputation but a moment to destroy it

Lowkoon
12th Nov 2014, 07:27
If only they put the energy and effort it took to "create the non-liability form, get them printed and distributed through the entire network, create an administrative team to administer the form, collect the form, ignore the form, file the form and an annual conference to review the accuracy of the form and cover up any negative data and feedback stemming from the form," in to fixing the problem...

Does anyone remember the sticom "Yes Minister"? :rolleyes:

jumbobelle
13th Nov 2014, 20:14
My previous company paid a fortune in injuries thanks to spilt hot drinks and made lids on cups mandatory as a result. Every time I sit there is turbulence watching the coffee slosh over the cockpit I do wonder how much CX pays out every year and who hasn't done the sums....

mghorient
13th Nov 2014, 23:48
This reminds me of the case where Cx upgraded two Filipino passengers from Business class to First class due to over booking in Business.
In most cases the passenger would be happy(I certainly would), but in this instance the airline got sued for Breach of Contract.
See this link.
Cathay Pacific Airways Ltd vs Sps Vasquez : 150843 : March 14, 2003 : C.J. Davide Jr : First Division (http://sc.judiciary.gov.ph/jurisprudence/2003/mar2003/150843.htm)