Call Kurtis: I Have An Emergency, Why Won't You Move Up My Flight?

SACRAMENTO (CBS13) --  A Sacramento family with an international crisis says their airline refused to work with them. It was time to call Kurtis Ming.

You don't expect to get a call while on vacation, saying your wife has stage four cancer.

This Sacramento husband also didn't expect the airline's response when he turned to them for help getting home.

Gary Nghiem was visiting family in China last March when his wife, Laura, found out she was diagnosed with advanced colon cancer.

"Next couple of days, I was crying. I don't know what to do and my husband wasn't home," says Laura Lam.

As soon as Gary found out, he rushed to the airport in Hong Kong, hoping his airline Cathay Pacific would move up his return flight.

"Do I have to pay the difference? She said no, you have to purchase another whole new ticket," says Gary.

Gary says Cathay Pacific refused to apply any funds from his original ticket home, even if he agreed to pay change fees.

That forced him to buy an entirely new ticket for $694.10.

"I had no choice, at that time, I wasn't thinking much, I just want to get home," says Gary.

Now, the family wants their money back.

They booked the trip through DL Travel in South Sacramento but when the family asked them for help getting a refund, they say the travel agent told them to deal with the airline.

Their oldest daughter, Jessica, says she called Cathay Pacific, sent 10 emails and a demand letter but got no response.

"We definitely expected a little bit of a more sympathetic response on the part of the airline but we didn't receive any of that," says Jessica Nghiem.

When we called DL Travel on Stockton Boulevard, they hung up on us twice.

Cathay Pacific tells us in an email:

"... The Nghiems purchased their tickets from a travel agent. It was a special fare with several restrictions..."

And "... the travel agent... should share it with the customer..."

-- Gus Whitcomb, Media Relations

Sure enough, if you look at Cathay Pacific's 33-page long Contract of Carriage, that's their contract to you the passenger, it does say in article three:

"Some tickets are sold at discounted fares which may be partially or completely non-refundable."

Gary says his travel agent never warned him about that.

Calling these "special circumstances," Cathay Pacific refunded the family the cost of Gary's original ticket home... $259.40.

"I would never want anybody to have to go through this experience again," says Jessica.

If you booked through a travel agent and have a problem while on a trip, call them first. See if they can help.

The lesson out of this.... although your travel agent should tell you, you really have to ask about ticket restrictions and cancellation policies before you buy.

Cathay Pacific Statement:

First, the Nghiems purchased their tickets from a travel agent.  It was
a special fare with several restrictions.  The travel agent should have
informed the family of the restrictions prior to purchase, although
passengers cannot abdicate their own responsibility to ask questions
about what they are buying.  I know this case has some extenuating
circumstances, but I hope you'll help us convey to your viewers in
general that they need to ask questions before they buy, not afterwards.

On most airlines, seats within the economy class cabin are sold at
various prices.  Usually, the lower the price, the more restrictions
associated with the ticket.  In this case, the ticket was purchased in
"S" class and one of the restrictions is that it can only be used when
an "S" class seat is available.  When the family had to change travel
plans, there were no "S" seats available on the flight they wanted and
as the "S" class ticket cannot be applied to a higher fare, they were
required to buy a new ticket.

I hope that provides adequate background.

Now, we understand there are special circumstances involved.  But while
those can move our hearts, they can't waive privacy issues.

The hold up in responding to the daughter is that privacy restrictions
here and in Hong Kong require that we deal directly with the passenger
involved when sensitive data such as financial matters are discussed.
If the passenger grants us permission to deal with someone else, even a
family member, we require written authorization to do so.

There were several attempts to get that authorization which were met
with resistance from the family.  Once we got the written authorization,
we were able to discuss the matter with the daughter.

Although in traditional circumstances, we would require the family to
seek a refund from the travel agency where they purchased the ticket and
they would be assessed a cancellation fee, we are going to waive all of
that and proceed with a refund for US$259.40 for the unused portion of
the father's original ticket.  They should receive that refund in about
two weeks.

Let me know if you have any other questions.  I appreciate you ensuring
us an opportunity to address these concerns and provide our side of the
story.

Best Regards,

Gus Whitcomb

Media Relations