Legal Question in Consumer Law in Massachusetts

airline tickets

I had purchased and paid for 4 round trip tickets from Boston to Florida. The flight was to leave the week after the Sept.11th bombing of the World Trade Center. We were flying on the same airline that crashed into the Center.

We did not feel comfortable flying at this time. We called the airlines, they understood, said they would issue fouchers for future use and would waive the usual cancellation fee. We were given a confirmation # to use when we rescheduled. I recentley called to reschedule this vacation and the airlines told me that I forfeited these tickets because I did not use them within a year! I told them that ''No one I spoke to told me I had to use these tickets within a year.'' She said, ''I'm sorry, that's our policy''. She said there was nothing she could do for me.

Is this legal? This cost me in the range of $1,000.00.

I am going to go to the airport to talk to someone else about this and thought If I knew before hand if it was legal it would sure help alot. My thoughts are, I purchased something from them and they have not given me what I purchased or what was promised by them.

Your help would be greatly appreciated.

Regards,

Susan


Asked on 2/25/03, 10:42 am

2 Answers from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: airline tickets

Under MA law all gift certificates are valid for 2 years. This may only apply to MA corporations and vouncher may not be considered gift certificate. Call Attorney General's office re application of law. In any event you could use this argument at the airport - they won't know for sure anyway.

If voucher you received did not highlight expiration date, you may have an action under the MA consumer protection law, dhapter 93A, where airline would havge to pay three times the amount of the loss, plus attorney's fees. You couls also call a travel agent to see if they could tell you any more. YOu could also go to the press who might be interested, e.g. Glober, WBZ Consumer REporter , etc. Make them miserable-the squeaking door gets oiled!!!!

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Answered on 2/25/03, 2:27 pm
Raymond P. Bilodeau Raymond P. Bilodeau, Esq.

Re: airline tickets

Before or at the time you purchase a ticket, the carrier must disclose its policies regarding flight delays and cancellations. There is no law state or federal that requires any particular policies. The chances are that the requirement is contained somewhere in the fine print in the documents you received for your flight (or would have if you picked them up - you don't say how you purchased the tickets or if you had physical tickets).

There does not appear to be any requirement for them to notify you that the replacement tickets had to be used within a year, as long as that fact/policy was disclosed when you originally bought the tickets.

You can file complaints with the MA Attorney General's office, the MA Consumer Protection office or the FAA's complaint facility. My guess is they will not get very far.

You will perhaps have better luck with one of the radio or TY stations' consumer help persons.

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Answered on 2/25/03, 11:37 am


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