Passengers due to flight cancellations sued by HNA

's cabin "boring" the six hours of hundreds of passengers. An extreme delays July 5, 2009,[link widoczny dla zalogowanych], Mr Li and the three principals to fly from Beijing to Shenzhen, to participate in the second day of the trial of criminal cases with significant activity. The day they arrive at Beijing Capital International Airport Terminal 1 checked in. 14:30, Mr Li and more than 100 passengers after security smooth boarding. Often "hit fly," the Mr Li did not think that this journey will bring him an extreme experience. After all the passengers are boarding, the plane's crew told the passengers because "air traffic control" aircraft can not take off on time, we must be patient. Occasionally suffered delays of aircraft Mr Li did not put the delay seriously. However, as time goes by, Mr Li began to feel that things are not usually so simple. 1 hour, 2 hours ...... four hours later,[link widoczny dla zalogowanych], the plane is still no sign of taking off. At that time, the outdoor temperature up to 39 ℃, while the aircraft's air-conditioning system is not working, all the passengers are "boring" in the sauna-like cabin. "I am no one to sit in the back on an empty location slept, the family received a phone call asking me if I was to Shenzhen, I answer, the aircraft did not take off yet." Mr Li said, the way, the travelers continued inquiries and urging the crew is said to be because of the weather, the aircraft still can not take off. To 20:00, including more than 100 passengers, including Mr Li has been in the cabin waiting for nearly six hours. Hot, tired, hopeless wait challenged passengers for their patience and sanity. Many visitors unbearable, up trouble, some people began to curse, and some people call friends and relatives complain, some people shouted to the plane. To the later, the entire cabin of the order are in turmoil, because even a small crew and appease passengers can not handle emotions, sobbing represents not want to do this job. 20:30 or so, the crew suddenly notice, so that all passengers disembark to wait. To the ground, many travelers in the capital of the HNA Airport Terminal 1 manager on duty crowded around the counter, ask specific flight departure time, the reasons for flight delays and flight delay compensation matters. At that time Mr Li Hainan Airlines ground staff to their answer is that flight delays because "thunderstorm" and other force majeure reasons, unable to passengers for compensation. As for the flight when it took off, they do not know, just let waiting for travelers. Mr Li handling the trip has been determined, you can not temporarily change the time, they have arrived in the evening in Shenzhen. So, Mr Li line 4 at the airport had to dine inside the restaurant to continue to wait. Then quickly, Mr Li, etc. to a greater disappointment. 21:00,[link widoczny dla zalogowanych], HNA suddenly announced that the flight will be canceled on the grounds that "the Shenzhen airport is closed." Guest tickets can be altered tickets can also be drained away, but not passengers HNA compensation and arrangements for accommodation. Any cancellations to flights to say "no" flight cancellations after the announcement, the manager on duty counter HNA order was out of control: Some passengers standing on the counter protest, some passengers and staff and even a scuffle, the airport police station Police have come forward to maintain order it. At this point has been very restrained, I believe that would deal with the aftermath of HNA Mr Li also began irritated. Because the next day must go to Shenzhen, Mr Li began to think programs through various channels. They plan to take other airlines or aircraft to Nanchang, Fuzhou, and then open the taxi package to Shenzhen. So they went to Mr Li asked Southern Airlines, China Southern Airlines staff, said: "Why do not you come early ah We just fly a group of 22:00 to Shenzhen flights." In this case, Mr Li know HNA given the "Shenzhen airport closed "excuse is false. After actively coordinating, China Southern Airlines in that Mr Li's situation, put them four individuals as a special passenger processing, through the green channel, put them to at 1:00 on July 6, 2009 Multi-takeoff aircraft. After three and a half hour flight, Mr Li and his party finally arrived at Shenzhen Airport. Once again returned to Beijing, Mr Li HNA dialed telephone complaints, reflecting the experiences of himself and his companions. But HNA staff insisted that "flight delays and canceled flights due to force majeure, can not be compensated and compensation." This time, Mr Li as a legal person feel that they should do it, "our personal experience has proven Shenzhen Airport is not closed, lie was exposed, HNA can so confidently." February 20, 2010, Mr Li found in China Consumer Association announced seven hot consumer complaints in 2009, the air transport services increased complaints came in second place, where "flight delays reason not convincing" is the main complaints world. Way people choose to travel when air transportation is because the flight of the "fast", but Flight of the "errors point" has become a habit. People often see the airline to "force majeure, weather, air traffic control, flight is late,[link widoczny dla zalogowanych]," and other reasons, refuse to bear the associated liability. But this time,[link widoczny dla zalogowanych], Mr Li mastered evidence airline industry in the use of their own characteristics, there is a case against the interests of consumers, they should pick up the legal weapons to conduct such a reason to cancel flights to say "no." After careful consideration, Mr Li decided to use their legal knowledge and experience to challenge airline flight delays always take the weather that matter "hidden rules." So, Mr Li to HNA issued a "requirement in writing HNA public apology and compensation for their respective losses" lawyer letter. Legal letters "down the drain", the angry Mr Li will HNA court. Rare win May 11, 2010,[link widoczny dla zalogowanych], Mr Li was finally equal standing with HNA court began tip-to-head battle. Mr Li believes that HNA for Shenzhen Airport closed, flights canceled untenable. Because, at the same time, there are airports in Shenzhen, China Southern Airlines flight landed, "HNA acts in a consumer fraud, violation of the passenger's right to know, the ultimate canceled flights belong to refuse to perform the contract." For Mr Li questioned HNA legal counsel, said at 13:30 on July 5th, 2009 began, the Shenzhen Airport has been in the lightning region, will cause the aircraft safety hazard. The Shenzhen Airport has taken temporary aviation air traffic control, thus resulting in including Li Weimin, including hundreds of passengers aboard the aircraft can not be a normal takeoff. This situation continued until the evening of 11:30. Meanwhile, Hainan Airlines taking into account previously received "Shenzhen Airport every Saturday and Sunday, 4:00 to 7:00 on the runway maintenance, the airport closed" NOTAMs. HNA think if the night off, there may be more than the Shenzhen Airport flight arrival the next day 4:00, flights could not take off properly, so made the decision to cancel the flight. As Mr Li line 4 night China Southern Airlines aircraft successfully reached the situation in Shenzhen, Hainan Airlines representative explained that the aircraft types, systems and pilot qualifications and other reasons,[link widoczny dla zalogowanych], under the same conditions caused some flights can fly, and some flights can not fly. The day of the flight did not install two types of blind landing system does not meet the flight conditions. Mr Li said that airline "Diandaqike" style long time. Although HNA said in court mediation, but you must ask for a public apology Mr Li. June 2,[link widoczny dla zalogowanych], 2010, the Beijing Chaoyang District People 法院对该案 made a verdict. The court held that Hainan Airlines canceled flight, no real reason to passengers informed, but said, "That night the airport closed", in violation of the obligations of important issues; flight is canceled later, HNA nor Mr Li, who is able to be properly arranged a seat flight or sign transferred to other airlines, but also constitutes a breach of contract. Therefore, Chaoyang District court HNA need to compensate Mr Li et al fare differences 840 yuan. In addition, the court said Mr Li and Hainan Airlines to fly although the contract because of the weather and other objective causes fulfill obstacles, but Hainan Airlines flight delay in dealing with the issue of malpractices of the main reason for a dispute between the two sides, hoping HNA future to this as a warning, and more consider the reasonable needs of travelers, improve service quality and reduce the occurrence of similar disputes. Flights reason to cancel, canceled flights visitors how defenders will bring great inconvenience to passengers, but airlines canceled flights tend to cause Yigai attributed to force majeure, escape liability. Travelers in flight cancellations after how sensible, properly safeguard their legitimate rights and interests it Experts said that in the event of flight cancellations in the case, according to the "Contract Law" and the "Consumer Protection Law", the parties travelers enjoy the right choice,[link widoczny dla zalogowanych], the right to claim. Right to know is when the flight is canceled, passengers from airlines the right to receive timely and accurate information, including the reasons for the cancellation, the normal take-off time. Flights canceled if the airline is not timely fulfilled the obligation to notify the parties the right to demand to know the real reason for flight cancellations. Right to choose a flight is canceled, passengers have a choice refund or sign turn right on other flights. Travelers choose to exercise the option refund or altered tickets, you can still exercise the right to claim to require airlines liable for damages. Means passengers can claim the right to prove that they have suffered due to flight cancellations and property losses to the airline requirements should be right to compensation. Of course, the passenger must pay attention to gathering relevant evidence, including airfare,[link widoczny dla zalogowanych], published flight schedules, canceled flights and stranded at the airport because of the meals, lodging bills, when necessary, do not forget to recordings and photographs, to prepare for compensation or damages in the event of circumstances can "There are well documented." Also note that in time activist, generally for protection of civil rights statute of limitations period is two years, knew or should have known that his rights are infringed upon starting. (From "Law and Life" semimonthly second half of July period)
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