Robbed by Scoot

[sabre1]

Scoot's contract of carriage can be found here: https://cdn.flyscoot.com/prod/docs/default-source/doc-coc/scoot_conditions_of_carriage_final.pdf

While refunds are generally not given, 14.9 does provide for a refund in the event 'previously confirmed space is no longer available'.

You were booked in ScootBiz and for your flight, this confirmed space was no longer available.

You would therefore be entitled to a refund under 14.10.

I note via flightaware that Scoot has been operating an A320 on at least some flights recently. If this was the case, there would be no ScootBiz cabain, only economy.

If however they chartered a Singapore Airlines A330, you would have been seated in the Singapore business class cabin - the equivalent of ScootBiz in all respects (but actually a much better seat in your favour).

If the flight was indeed operated by an A330 you would not be entitled to a refund under Scoot's terms and conditions.

I don't have access to flightaware or flaightradar to check the aircraft that operated on 5 May. This might be the key to working out your entitlements.

(You don't appear to be claiming the cost of your Singapore airlines business class ticket which you used as a replacement. This would likely be outside any refund entitlement.)

Thank you MEL_Traveller for your detailed and well informed response - greatly appreciated. I was told twice during telephone calls to Scoot in Singapore that the replacement aircraft was in 'all economy' configuration and that I would not have a business class seat.

Any ideas about claiming against 14.9 ??? Following my unsuccessful telephone request for a refund I sent a registered letter to the CEO of Scoot - but no reply. Maybe ASIC ??

 

[MEL_Traveller]

Thank you MEL_Traveller for your detailed and well informed response - greatly appreciated. I was told twice during telephone calls to Scoot in Singapore that the replacement aircraft was in 'all economy' configuration and that I would not have a business class seat.

Any ideas about claiming against 14.9 ??? Following my unsuccessful telephone request for a refund I sent a registered letter to the CEO of Scoot - but no reply. Maybe ASIC ??

Was this a one way or return ticket? If it was one way ex SIN there's probably little or nothing yuo can do about it here in Oz. Singapore law will apply. In that case I'd be sending an email to Scoot (rather than phone) with a clear email heading 'refund under clause 14.9 / 14.10 of conditions of carriage'.

you should use the exact words of the conditions of carriage... for example 'I was advised by Scoot on xx date that my previously confirmed space in ScootBiz class would no longer be available' i am therefore seeking a refund under clause 14.10 (etc etc)' you should make it clear in the email that you were never offered the choice of a refund even though you stated the alternative travel was not acceptable.

If you purchased this as a round-trip ex Australia then I think the easiest thing to do would be to contact yur local consumer affairs centre (in Victoria this is a free service, by phone). They'll advise you of your rights and how to take action (they're pretty good with airlines and issues arising out of things like refunds).

What we need to fully establish is the aircraft operating the flight on the day. If it was an A330 with a business class cabin this might make your claim a bit more difficult as it would be trying to establish agent error rather than lack of seat.

 

[dajop]

If the flight was indeed operated by an A330 you would not be entitled to a refund under Scoot's terms and conditions.

I don't have access to flightaware or flaightradar to check the aircraft that operated on 5 May. This might be the key to working out your entitlements.

It appears that the flight was operated by SQ A330 which is what the OP originally suggested. Data here: SQ8111: May 2019 All Details and Delays for Singapore Airlines SQ8111 from Singapore (SIN) to Perth (PER) - Flightera

This could explain why TR won’t refund. It might be worth asking for recording of calls (if any) to check if incorrect advice was given by agents. We weren’t on call but if they advised “there is only economy seating” on the flight that is likely to be incorrect advice (unless for some reason they closed of f the business cabin - reports on the Flyertalk link I posted above suggest otherwise). If their advice was “there is only economy service” on the flight, then OP may have more difficulty - noting the distinction between service and seating.

Best of luck though.

 

[MEL_Traveller]

Thanks dajop. I suspect it was 'economy service'. In this case it will be a battle for the OP to get a refund. This would be considered an upgrade rather than downgrade, and so a voluntary cancellation (forfeit) of the ticket.

 

[theblank]

is it just me, or is it obvious that someone should have asked if its possible to get a refund before buying the replacement ticket.

After all Scoot is a LCC, and for most its a fairly standard condition that you cant get refunds or they cost a lot in fees.

 

[sabre1]

is it just me, or is it obvious that someone should have asked if its possible to get a refund before buying the replacement ticket.

After all Scoot is a LCC, and for most its a fairly standard condition that you cant get refunds or they cost a lot in fees.

OK but what if they do not supply the goods or service ???

 

[MEL_Traveller]

OK but what if they do not supply the goods or service ???

Scoot's terms and conditions allow for a refund in certain circumstances where they can't provide the service or product - as outlined on page 1.

If they do provide the service (in this case, flying on a Singapore Airlines aircraft), then it might be a case that the passenger has voluntarily canceled, and will forfeit their ticket (and any right to a refund).

 

[sabre1]

Scoot's terms and conditions allow for a refund in certain circumstances where they can't provide the service or product - as outlined on page 1.

If they do provide the service (in this case, flying on a Singapore Airlines aircraft), then it might be a case that the passenger has voluntarily canceled, and will forfeit their ticket (and any right to a refund).

But the issue is that I purchased a Business Class seat because of my physical disabilities. I was told twice that the substitute Charter Aircraft did not any Business Class seating. As a consequence I had to buy a seat on a scheduled flight with Singapore Airlines.

 

[MEL_Traveller]

But the issue is that I purchased a Business Class seat because of my physical disabilities. I was told twice that the substitute Charter Aircraft did not any Business Class seating. As a consequence I had to buy a seat on a scheduled flight with Singapore Airlines.

Unfortunately for you it turns out the aircraft did have business class seating - and a significant upgrade over Scoot's seats.

So this will come down to whether or not the agent incorrectly advised you that there was no business class seating (as opposed to business class service).

It is possible I guess that once the charter flight was arranged Scoot decided to stop selling ScootBiz, so the agent may have seen the flight blocked for further business class sales. (I guess there is a risk SQ business class flyers might have transferred to the Scoot flight for bargain basement business class travel).

I think abuot all you can do at this stage is email Scoot, state the conversation you had with the call centre, and ask them to have a refund under the appropriate clause mentioned over on page 1.

See what they say, then regroup.

 

[sabre1]

Unfortunately for you it turns out the aircraft did have business class seating - and a significant upgrade over Scoot's seats.

So this will come down to whether or not the agent incorrectly advised you that there was no business class seating (as opposed to business class service).

It is possible I guess that once the charter flight was arranged Scoot decided to stop selling ScootBiz, so the agent may have seen the flight blocked for further business class sales. (I guess there is a risk SQ business class flyers might have transferred to the Scoot flight for bargain basement business class travel).

I think abuot all you can do at this stage is email Scoot, state the conversation you had with the call centre, and ask them to have a refund under the appropriate clause mentioned over on page 1.

See what they say, then regroup.

Many thanks again MEL_Traveller. I will give it a go. So frustrating that being given incorrect information by
Scoot (or its agents) I not only lost my money for the Scoot ticket but I had to spend unnecessary money on a SIA Business Class seat (a different flight to the charter flight). But it is important to spread information on the failing to other users of Scoot .

 

[theblank]

OK but what if they do not supply the goods or service ???

thats the debateble part, but everyone knows LCC;s are brutal when it comes to cancellations.

 

[Mogul]

The problem as I see it is you booked with Scoot and then essentially were a no show as far as they were concerned, as you bought another ticket with basically another airline.

Yes the info you seemed to have been given was wrong over the phone BUT you did not turn up for your Scoot flight. Had you turned up and it was then confirmed that there was no business class you would be in a completely different position as to attaining a refund.

 

[MEL_Traveller]

The problem as I see it is you booked with Scoot and then essentially were a no show as far as they were concerned, as you bought another ticket with basically another airline.

Yes the info you seemed to have been given was wrong over the phone BUT you did not turn up for your Scoot flight. Had you turned up and it was then confirmed that there was no business class you would be in a completely different position as to attaining a refund.

I can see this point, but here the OP seems to have been advised, perhaps falsely, that there was no business class. This possibly negates an unnecessary trip to the airport (that is, the passenger should be able to rely on the information given to them by the airline).

Waiting until the airport could have caused additional inconvenience with regards to wasted potential lack of alternative seats, or higher priced fare.

 

[sabre1]

I can see this point, but here the OP seems to have been advised, perhaps falsely, that there was no business class. This possibly negates an unnecessary trip to the airport (that is, the passenger should be able to rely on the information given to them by the airline).

Waiting until the airport could have caused additional inconvenience with regards to wasted potential lack of alternative seats, or higher priced fare.

That absolutely true. Many thanks again for your input MEL_Traveller

 

[sabre1]

The final story. Yesterday I received an email from Scoot saying that they will refund me the full amount I paid for my ticket. SUCCESS !!! I am not sure whether this is the result of the letter I sent to the CEO of Scoot or the fine imposed on Jetstar this week. Note: fine of M$1.95 imposed by the Federal Court for Jetstar telling passengers that they would not refund ticket costs (even if a flight is cancelled). Although the ruling does not apply to the Singapore company, Scoot, the timing of their refund seems to imply some recognition of their duty to refund.

 

[MEL_Traveller]

The final story. Yesterday I received an email from Scoot saying that they will refund me the full amount I paid for my ticket. SUCCESS !!! I am not sure whether this is the result of the letter I sent to the CEO of Scoot or the fine imposed on Jetstar this week. Note: fine of M$1.95 imposed by the Federal Court for Jetstar telling passengers that they would not refund ticket costs (even if a flight is cancelled). Although the ruling does not apply to the Singapore company, Scoot, the timing of their refund seems to imply some recognition of their duty to refund.

Their own terms and conditions provide for the refund (which is the fundamental difference from Jetstar, which said refunds can only be made on more expensive fares). Scoot had previously amended the terms and conditions for ticket sales ex Australia to bring it in line with Australian consumer law. Previously they said no refunds at all, even if there was a cancellation (all you could get back was a credit voucher).

Your case with scoot is not so much one of consumer protection, just whether or not you got what you were supposed to under the contract. Although it seems scoot ultimately did provide what they had contracted to, the potentially misleading information given by the call centre was enough to swing it in your favour.

Anyway... a sort of good outcome! (the scoot fare would have been a lot cheaper than singapore airlines!)

 

[sabre1]

Their own terms and conditions provide for the refund (which is the fundamental difference from Jetstar, which said refunds can only be made on more expensive fares). Scoot had previously amended the terms and conditions for ticket sales ex Australia to bring it in line with Australian consumer law. Previously they said no refunds at all, even if there was a cancellation (all you could get back was a credit voucher).

Your case with scoot is not so much one of consumer protection, just whether or not you got what you were supposed to under the contract. Although it seems scoot ultimately did provide what they had contracted to, the potentially misleading information given by the call centre was enough to swing it in your favour.

Anyway... a sort of good outcome! (the scoot fare would have been a lot cheaper than singapore airlines!)

MEL- Traveller. Many thanks for your valuable advice during this episode. Regards.