Mexicana can cancel your ticket for any reason
Question: I had a major problem with a recent flight on Mexicana Airlines, and I’m not sure what to do.
When I arrived at the airport in Chicago for my flight to Acapulco via Mexico City, I was told that my entire itinerary had been canceled. Over the next few weeks, the airline gave me three different explanations for the cancellation. First, that the fare was “too low” and that Mexicana had canceled my ticket after notifying me by phone. Second, that someone named “Victoria” canceled my reservation and requested a refund. And third, that I called to cancel the reservation myself.
I can assure you that none of those things happened.
I was told that I had to buy a new ticket at a whole different price in order to travel that day. Since I already had hotel arrangements and people waiting for me in Mexico City and Acapulco, I felt I had no choice but to pay $500 for a new ticket. Mexicana has since reimbursed me $331 for my original ticket, but I feel it should honor my original fare. What do you think?
– Vicky Fligel, Chicago
Answer: I think Mexicana might start by telling you the real reason your ticket was canceled — not offer theories. I mean, anyone can speculate about the reasons your tickets were no good. Maybe the carrier’s reservations system acted up. Maybe a fare was offered but later withdrawn. Maybe space aliens abducted your ticket agent.
My point is this: If you have a confirmed reservation on a flight, your ticket should be honored. And if, for some reason, it isn’t, your airline should make things right.
Anyway, that’s what you would expect.
But Mexicana’s “Transportation Agreement” — the legal agreement between its customers and the airline — says otherwise. According to this document, the airline “has the right to cancel, without previous notice, a flight or a reservation and the only obligation of the carrier will be to the fare of the portion, or the fare not used.”
In other words, according to its contract, Mexicana doesn’t even have to tell you why your ticket was canceled. It just owes you a refund.
That kind of contract language irritates me. What good is a ticket if an airline can cancel it for any reason, including, presumably, that the fare you paid was “too low”? Most passengers assume that a ticket represents an agreement to fly them from point A to point B and that they’re the only ones who can make a significant change, like a cancellation.
How could you have prevented this from happening?
Calling the airline to confirm your flight the day before leaving is always a good idea. You might have been able to sort things out if you had known about the cancellation sooner. But once you’re at the airport, the ticket agents have limited options, and will probably offer an expensive walk-up fare like the one you ended up paying.
You could also have used a travel agent to make your reservation. Yes, an agent would have charged a booking fee, but in the event of a cancellation, you would have had someone to call for help.
I contacted Mexicana on your behalf, and it issued a $200 voucher. That more than makes up for the cost of the new ticket, assuming you want to take another Mexicana flight.
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There is a principle of American law that, if a contract is not binding on one side, then it’s not binding on the other side, either. What this means, I suppose, is that the tickets that Mexicana sells in the US are not “binding” on anybody –so passengers should be able to demand a full refund for unused portions at any time.
This may not be an altogether bad thing.
Of course, there’s the nuisance of suing to get your refund in your local small claims court, and then trying to attach one of their planes when it lands at a US airport. But who said justice is simple?
B