Should I file small claims against China Eastern Airlines in this case?

[rrlamichhane]

What is the name of your state (only U.S. law)? Oregon

I booked a China Eastern flight for 10/15/2015 via Priceline on 09/22/2015.

I received a cancellation notice on 11:49am PT on 10/14/2015 saying that my flight has been cancelled. The flight was supposed to depart at 2:35am on 10/15/2015. Thus, the flight cancellation notice was given to me 14 hours and 41 minutes before the flight was supposed to take off, without any alternate flights being provided.

14 hours and 41 minutes is an incredibly small amount of time for me to find another flight, and I'm lucky that I was able to find one. But because of lack of advance booking, I had to pay a lot more than would have been necessary.

Doing some online search, I found out that China Eastern had this cancellation planned in advance, but for some reason decided to apprise me in the last moment.

So far I've been multiple long conversations with Priceline Customer Service and they claim China Eastern is the company I should contact instead of Priceline. Here's the breakdown of the compensation that I seek:
* Refund of my cancelled flight (this has already been refunded)
* Compensation for extra cost for the new flight that I had to book
* Financial compensation for lost time of the passenger: 30 hrs 10 minutes
* Financial compensation for lost time while dealing with Customer Service and dealing with this fiasco
* Financial compensation for hardship

I contacted CE via email, and they said they cannot fulfill my demands except the refund of the flight. Then, I asked them for information required to file small claims suit against them, and they stopped responding to my emails. I then tried to call their LA and Hawaii office, but noone picked the phone. I left a voicemail giving them 5 business days before I file a small claims against them and they still haven't got back to me (it's been couple of weeks).

Are companies allowed to do this? Isn't this violation of some law? Please advise me if I should file a small claims suit against them (I think it costs $60 here at Oregon.)

Thanks.

 

[quincy]

Did you learn anything from yprudhvi?

I saw that yprudhvi just appeared on the forum after a year's absence to review his thread on Emirates Airlines (https://forum.freeadvice.com/civil-litigation-46/emirates-airlines-case-i-did-win-small-claims-court-already-611481.html) right before you reviewed yprudhvi's thread and then posted yours.

 

[Zigner]

So far I've been multiple long conversations with Priceline Customer Service and they claim China Eastern is the company I should contact instead of Priceline. Here's the breakdown of the compensation that I seek:
* Refund of my cancelled flight (this has already been refunded)
* Compensation for extra cost for the new flight that I had to book
* Financial compensation for lost time of the passenger: 30 hrs 10 minutes
* Financial compensation for lost time while dealing with Customer Service and dealing with this fiasco
* Financial compensation for hardship

Your laundry list includes only one item that, on it's face, even seems remotely possible and that's the additional cost incurred for booking a new flight on such short notice. Even that may not be allowed, depending on the terms of both Priceline and the airline. (A brief review of Priceline seems to show that they've got their bases pretty well covered.) I suspect your totally unrealistic demands, coupled with your threat of a warrantless lawsuit, turned off the airline from even offering any sort of goodwill gesture. You've cut off your nose to spite your face.

 

[quincy]

rrlamichhane seems to have travel issues.

"Do I have a case against Delta scenario" (4-16-2014): https://forum.freeadvice.com/civil-litigation-46/do-i-have-case-against-delta-scenario-605274.html

"Do I have a case against Google maps" (4-26-2014): https://forum.freeadvice.com/civil-litigation-46/do-i-have-case-against-google-maps-607056.html

 

[FlyingRon]

The airline pretty much loses interest once they've found out you've bought the ticket from the wholesaler.

Note your "rights" pretty much ended with them either providing alternate carriage or a refund.

 

[quincy]

Forum volunteers, I suggest that the posting history is checked before spending too much time here. Links are provided for your benefit.

 

[Paul84]

What is the name of your state (only U.S. law)? Oregon

I booked a China Eastern flight for 10/15/2015 via Priceline on 09/22/2015.

I received a cancellation notice on 11:49am PT on 10/14/2015 saying that my flight has been cancelled. The flight was supposed to depart at 2:35am on 10/15/2015. Thus, the flight cancellation notice was given to me 14 hours and 41 minutes before the flight was supposed to take off, without any alternate flights being provided.

14 hours and 41 minutes is an incredibly small amount of time for me to find another flight, and I'm lucky that I was able to find one. But because of lack of advance booking, I had to pay a lot more than would have been necessary.

Doing some online search, I found out that China Eastern had this cancellation planned in advance, but for some reason decided to apprise me in the last moment.

So far I've been multiple long conversations with Priceline Customer Service and they claim China Eastern is the company I should contact instead of Priceline. Here's the breakdown of the compensation that I seek:
* Refund of my cancelled flight (this has already been refunded)
* Compensation for extra cost for the new flight that I had to book
* Financial compensation for lost time of the passenger: 30 hrs 10 minutes
* Financial compensation for lost time while dealing with Customer Service and dealing with this fiasco
* Financial compensation for hardship

I contacted CE via email, and they said they cannot fulfill my demands except the refund of the flight. Then, I asked them for information required to file small claims suit against them, and they stopped responding to my emails. I then tried to call their LA and Hawaii office, but noone picked the phone. I left a voicemail giving them 5 business days before I file a small claims against them and they still haven't got back to me (it's been couple of weeks).

Are companies allowed to do this? Isn't this violation of some law? Please advise me if I should file a small claims suit against them (I think it costs $60 here at Oregon.)

Thanks.

According to China Eastern's website, the airline has just one U.S. destination: New York. Even that was a surprise that they actually fly to the U.S. Seems to me that a U.S. court might take jurisdiction only if you sue in New York federal court, where the filing fee alone is now over $400. Otherwise, you'd be stuck suing in China, and good luck with that. You said this was small claims ... ?

 

[rrlamichhane]

According to China Eastern's website, the airline has just one U.S. destination: New York. Even that was a surprise that they actually fly to the U.S. Seems to me that a U.S. court might take jurisdiction only if you sue in New York federal court, where the filing fee alone is now over $400. Otherwise, you'd be stuck suing in China, and good luck with that. You said this was small claims ... ?

This actually is a flight from Nepal to Canada that I bought for a family member. I figured, since I paid them from USA and they have offices here and they run business here, our law would have some jurisdiction over them. When I searched the issue for cancellation, I ran into an article that basically said they planned on doing this 15 days in advance, but they notified me 14 hours ahead. How is this legal?

 

[Zigner]

This actually is a flight from Nepal to Canada that I bought for a family member. I figured, since I paid them from USA and they have offices here and they run business here, our law would have some jurisdiction over them. When I searched the issue for cancellation, I ran into an article that basically said they planned on doing this 15 days in advance, but they notified me 14 hours ahead. How is this legal?

You figured wrong.

 

[FlyingRon]

International flights are governed by rules of carriage and again all your entitled to is alternate carriage or a refund. And no, you can't sue them in the US.