申诉结果
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Julia Wang
May 1, 2014, 11:31:03 PM5/1/14
to sichuan...@googlegroups.com
Date: Wed, 30 Apr 2014 16:19:29 -0400
> From: Mark.T...@otc-cta.gc.ca
> To: juli...@hotmail.com
> Subject: Case 13-03435 Re: Complaint with Sichuan Airlines
>
> Dear Ms. Wang,
>
> This is to let you know that I have received a response from Sichuan Airlines regarding your complaint filed with our office.
>
> In the course of my review, I note that you brought your concerns to Sichuan Airlines' attention, and that the carrier responded to you in the course of several emails. I must unfortunately advise that the carrier states that while it regrets the incident, its position remains the same in that the delay was caused due to causes beyond its control, and re-iterated the explanations previously provided.
>
> In terms of the carrier's tariff, as explained our office may only compel a carrier to reimburse direct out of pocket expenses and only if it failed to properly apply its terms and conditions of carriage. Sichuan Airlines' position is that the reason for the delay was owing to the fact that when making an inspection one of the aircraft wheels was unusually worn. The carrier states that for safety reasons it needed to address this concern, which it considers unforeseeable and outside the carrier's control. Sichuan Airline's tariff does state that flight times are not guaranteed, and the carrier may delay an aircraft owing to such reasons. As a result, Sichuan Airlines would appear to have respected its tariff when it delayed your flight, the unfortunate circumstances notwithstanding.
>
> While I appreciate the difficulties you described, as explained, our office is unable to compel a carrier to provide compensation for consequential damages such as stress, frustration, and lost time. If you feel you are entitled to such damages you may wish to consult your legal advisor.
>
> While I realise you do not feel the carrier's original offer of 500 RMB was sufficient for the difficulties you and your fellow passengers experienced, I did clarify with Sichuan Airlines that the offer does remain available for those passengers who may previously have declined it. Should any wish to do so they should contact Sichuan Airlines directly as they have the records of payment made to passengers for this gesture.
>
> I realise this is not the answer you were hoping for, but as my continued involvement will not yield the results you are seeking I must advise your file with the Agency will be closed. I remain available should you have any questions.
>
> Sincerely,
>
>
> Mark Tweddle
> Air Travel Complaints Directorate
> Dispute Resolution Branch
> Canadian Transportation Agency
>
> c.c.: Sichuan Airlines
> From: Mark.T...@otc-cta.gc.ca
> To: juli...@hotmail.com
> Subject: Case 13-03435 Re: Complaint with Sichuan Airlines
>
> Dear Ms. Wang,
>
> This is to let you know that I have received a response from Sichuan Airlines regarding your complaint filed with our office.
>
> In the course of my review, I note that you brought your concerns to Sichuan Airlines' attention, and that the carrier responded to you in the course of several emails. I must unfortunately advise that the carrier states that while it regrets the incident, its position remains the same in that the delay was caused due to causes beyond its control, and re-iterated the explanations previously provided.
>
> In terms of the carrier's tariff, as explained our office may only compel a carrier to reimburse direct out of pocket expenses and only if it failed to properly apply its terms and conditions of carriage. Sichuan Airlines' position is that the reason for the delay was owing to the fact that when making an inspection one of the aircraft wheels was unusually worn. The carrier states that for safety reasons it needed to address this concern, which it considers unforeseeable and outside the carrier's control. Sichuan Airline's tariff does state that flight times are not guaranteed, and the carrier may delay an aircraft owing to such reasons. As a result, Sichuan Airlines would appear to have respected its tariff when it delayed your flight, the unfortunate circumstances notwithstanding.
>
> While I appreciate the difficulties you described, as explained, our office is unable to compel a carrier to provide compensation for consequential damages such as stress, frustration, and lost time. If you feel you are entitled to such damages you may wish to consult your legal advisor.
>
> While I realise you do not feel the carrier's original offer of 500 RMB was sufficient for the difficulties you and your fellow passengers experienced, I did clarify with Sichuan Airlines that the offer does remain available for those passengers who may previously have declined it. Should any wish to do so they should contact Sichuan Airlines directly as they have the records of payment made to passengers for this gesture.
>
> I realise this is not the answer you were hoping for, but as my continued involvement will not yield the results you are seeking I must advise your file with the Agency will be closed. I remain available should you have any questions.
>
> Sincerely,
>
>
> Mark Tweddle
> Air Travel Complaints Directorate
> Dispute Resolution Branch
> Canadian Transportation Agency
>
> c.c.: Sichuan Airlines
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