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Mexicana can cancel your ticket for any reason

March 3, 2008

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 Maybe a fare was offered but later withdrawn.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.

Christopher Elliott is the author of Scammed: How to Save Your Money and Find Better Service in a World of Schemes, Swindles, and Shady Deals. Critics have called it “eye-opening” and “inspiring” — it’ll “grab your attention and won’t let go.” Order your copy now on Amazon, Barnes & Noble or iTunes.

8 comments

  • http://www.ffocus.org MrBadExample

    Chris, Chris, Chris,

    I love ya buddy but a $200 voucher? Vouchers talk, CASH screams! Last time I looked Chicago in in Illinois and they have an Attorney General, they also have a small claims court system. Several points.

    An offer of compensation can be taken as an admission of guilt or wrong doing in some instances.

    Letters that are well written, stick to the point have a way of causing the AG to make an “Inquiry” into Miss Vicky’s misfortune.

    Said Inquiry tends to make the inquiree a bit more “understanding” of another point of view regarding compensation

    Mexicana has assets at O’Hare.

    They will most likely ignore a Small Claims Judgement, until Vicky shows up at the door with the county Sherriff demanding payment in CASH.

    American Citizens need a testosterone injection in order to deal with companies like Mexicana. Airlines and other travel companies will change when it becomes easier to do the right thing than it does to behave like Mexicana.

    We don’t need a Passenger Bill of Rights, what we need is passengers with a pair of metaphorical balls.

  • Joe Farrell

    Go read the cruise contracts. The cruise contracts are written in such a way as to make taking you out on a dingy and buying you a meal at the dock compliance with their contract.

    They have NO obligation to do anything – they can change itineraries, destinations, length of voyage and meals and type of food provided for ANY reason at ANY time. Literally, the cruise company can put you in a row boat, take you for a tour of Ft. Lauderdale harbor, and then buy you a meal at the diner at the pier. They have satisfied their CONTRACT obligation to take you on a ‘voyage.’

    Airlines are the same way.

    Now, as I’ve said for YEARS = there is the covenant of good faith and fair dealing wherein if Mexicana sells you a ticket to Mexico – then – they have an obligation to transport you to – wait for it – Mexico. They can cancel the flight, they can divert the flight, they can go out of business. But, if they sell you a ticket and you possess a reservation with an ‘OK’ on it – then you have a reservation.

  • Jesse

    Mexicana…gotta love ‘em.

    I once booked a ticket for a family member and I myself took them to the ariport. I am pretty savvy when purchasing tickets online and using e-tickets (since I have done quite often). I performed the actions to buy the ticket and bought a ticket.

    I actually showed up to the airport to take the family member there. We showed up on time, however it was a morning flight and the ticketing area was packed. They were checking in those on the flights who were leaving earlier as they were backed up. The time was getting closer and we were just waiting (close to an hour), finally when I got to the counter to check in, they told me I had merely reserved the seat, not bought the ticket. I was sent to another place to purchase the ticket, the fare was not kept as I had to purchase a more expensive ticket, fortunately my family member left, but I was not there to see her leave.

    If traveling to Mexico, I prefer Aeromexico, a little more expensive, but you know what you get with them…

  • James

    MrBadExample says Vicky should file suit in Small Claims Court. However, even those courts have to follow the law, and unfortunately, the law says that a contract exists per the Transportation Agreement which Vicky is presumed to have read and agreed to. I don’t know what kind of judges they have in Chicago, but here in Los Angeles they follow the laws. May seem unfair, but until we pressure Congress to enact stiffer regulations on the airlines it’s all we have. (Hhave you ever noticed that no legislator ever encounters these problems? The airlines certainly know which side their bread is buttered!) So MrBadExample is partially correct: we do have to get metaphorical balls – but it’s the law makers we need to target. Make them act or vote them out of office!

  • Lisa

    I have written to the lawmakers who are on the House Aviation subcomittee. They ignore me because I am not from their state. I don’t think they really care about offering passengers (consumers) a bill of rights and/or making airlines honor their agreement to provide a flight at a certain time for a certain price. I can’t vote them out of office. What alternatives do we have but to not travel?

  • Carver

    @James

    I sometimes practice law in Los Angeles. The contracts are not nearly as air tight as the carriers would have us believe. They are subject to be attacked on numerous grounds. Joe articulated the Covenant of good faith and fair dealing. Other grounds include adhesion, illusory promise, etc. These are particularly useful because, as the airline drafted the contract, it will be construed against the airline.

    Also, if they don’t show up , you win by default. They judge won’t even consider the contract.

    Go for it.

  • Wendy

    Two years ago we booked a flight to Cabo on American Airlines. When I went on-line to verify the fight it did not come up. I called the airlines to double check and was told all was fine. They could not explain why I did not get verification of my flight on line. Got to American at 6 am to check in. The agent looked perplexed, saying they had no flight to Cabo. She then said, oh, your flight is on Mexicana. Guess American subed out flight to Mexicana. We went over to the Mexicana counter. As we approached, there were no people around. My stomach went into knots. The flight had been cancelled at some point and we were never notified. After much unhappy dialogue with American they got us on two other airlines to get to Cabo by 7 pm that night. Booked another flight to Cabo last year with Expedia using Mexicana. Were notified about a month out that the inexpensive “direct” flight we had booked now was cancelled and we were being sent to Mexico City with a very long lay over then on to Cabo. We were able to get our ticket refunded through Expedia and re-booked on US Air. We will NEVER fly on Mexicana again. It is just too much of a crap shoot with them. Would rather pay a higher fare and know what we are getting!!!

  • Charles

    This is happening to me right now, i booked my flights through Expedia i am traveling in oct 2010 and november 2010 expedia called me and asked me to talk to Mexicana airlines, they Cancelled my original Itinerary leaving and comming back to Lax, their offer was a 2 stop lay over i was flying tfrom LAX to Puerto Vallarta direct, now is lax, Phoenix, Mexico city and Puerto vallarta it will take me 12hrs to get to my destination when it should have originally been 2 hrs and 55 minutes.Expedia is not being any help either they do not want to pick up the expenses on accomodating me on a more flexible flight their response to me is that i have to deal with Mexicana. I guess i am stuck with a full day of travel and change all of my plans, I sure will be a happy camper…..i am furious, I will not use expedia or Mexicana at all….time to change to another customer oriented business…

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