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Hi,
I'm having an ongoing issue, or number of issues, with Cebu Air Inc. (who trade as Cebu Pacific Air) regarding some six refunds that are due to me.
To try and keep this explanation as brief as is reasonable five of these flight cancellations Cebu Pacic Air (CPA) have previously accepted, one remains in dispute, I have documented email evidence that I notified them to cancel it but they decline at acknowledge this.
The biggest problem is that because the debit card I booked these flights with has since been cancelled when I closed a bank account so CPA cannot refund to the card which they would automatically do as a matter of course with no further questions asked, I offered them an alternative debit card to refund to, I offered them my BPI account detail to refund to, but “no”, they have to do it the old-fashioned way and refund by check(s).
Now the problem with CPA refunding by check is two-fold:
1.CPA will not even pay for a stamp and an envelope to mail the check to the customer, at no cost to themselves CPA will forward it to a CPA office, that it seems they decide, and then the onus and cost is on the customer to pay to go and collect the check. I live on Siargao Island, there has been a check due to me sitting in CPA's Surigao Airport office since 2013 and they simply won't accept that I don't live anywhere near to Surigao City, I asked it be delivered to Siargao Airport, they refused offering me to collect it in a Manila office! There is another check due to me sitting in Siargao Airport, but that's a 75km round-trip from my home, it will cost me as much in travelling as the refund is worth! And:
2.But even if a check has been issued, MY monies, in MY name, I cannot collect them because CPA insist that I must collect and provide to them personal identification documents of ALL passengers in each cancelled booking. Now these bookings included my ex partner and/or family members, regardless of the impracticality that because we are no longer together I don't have access to their personal identification documents what CPA are demanding of me, just for me to recoup MY monies, is actually illegal under “Philippines Republic Act No. 10173” namely:
Personal information controller refers to a person or organization who controls the collection, holding, processing or use of personal information
(a) The personal information controller must implement reasonable and appropriate organizational, physical and technical measures intended for the protection of personal information against any accidental or unlawful destruction, alteration and disclosure, as well as against any other unlawful processing.
(b) The personal information controller shall implement reasonable and appropriate measures to protect personal information against natural dangers such as accidental loss or destruction, and human dangers such as unlawful access, fraudulent misuse, unlawful destruction, alteration and contamination.
I've tried and tried to resolve these issues with CPA but to no avail, email after email after email goes unanswered, I've resorted to posting these problems on CPA's FB page, I've pleaded that a manager contact me, but all I get are copy & paste type “standard response” type emails that don't serve to resolve these issues.
So my question is is if I should find it necessary to file a case, or cases, against CPA (Cebu Air Inc.) might be a lawyer/attorney service available whereas they would represent me on, as we call it in my country, a “no win, no fee” basis, i.e. their fee would be paid by Cebu Air Inc. only on the basis of a win?
Thanks
I'm having an ongoing issue, or number of issues, with Cebu Air Inc. (who trade as Cebu Pacific Air) regarding some six refunds that are due to me.
To try and keep this explanation as brief as is reasonable five of these flight cancellations Cebu Pacic Air (CPA) have previously accepted, one remains in dispute, I have documented email evidence that I notified them to cancel it but they decline at acknowledge this.
The biggest problem is that because the debit card I booked these flights with has since been cancelled when I closed a bank account so CPA cannot refund to the card which they would automatically do as a matter of course with no further questions asked, I offered them an alternative debit card to refund to, I offered them my BPI account detail to refund to, but “no”, they have to do it the old-fashioned way and refund by check(s).
Now the problem with CPA refunding by check is two-fold:
1.CPA will not even pay for a stamp and an envelope to mail the check to the customer, at no cost to themselves CPA will forward it to a CPA office, that it seems they decide, and then the onus and cost is on the customer to pay to go and collect the check. I live on Siargao Island, there has been a check due to me sitting in CPA's Surigao Airport office since 2013 and they simply won't accept that I don't live anywhere near to Surigao City, I asked it be delivered to Siargao Airport, they refused offering me to collect it in a Manila office! There is another check due to me sitting in Siargao Airport, but that's a 75km round-trip from my home, it will cost me as much in travelling as the refund is worth! And:
2.But even if a check has been issued, MY monies, in MY name, I cannot collect them because CPA insist that I must collect and provide to them personal identification documents of ALL passengers in each cancelled booking. Now these bookings included my ex partner and/or family members, regardless of the impracticality that because we are no longer together I don't have access to their personal identification documents what CPA are demanding of me, just for me to recoup MY monies, is actually illegal under “Philippines Republic Act No. 10173” namely:
[REPUBLIC ACT NO. 10173]
This Act shall be known as the “Data Privacy Act of 2012
Personal information controller refers to a person or organization who controls the collection, holding, processing or use of personal information
(a) The personal information controller must implement reasonable and appropriate organizational, physical and technical measures intended for the protection of personal information against any accidental or unlawful destruction, alteration and disclosure, as well as against any other unlawful processing.
(b) The personal information controller shall implement reasonable and appropriate measures to protect personal information against natural dangers such as accidental loss or destruction, and human dangers such as unlawful access, fraudulent misuse, unlawful destruction, alteration and contamination.
I've tried and tried to resolve these issues with CPA but to no avail, email after email after email goes unanswered, I've resorted to posting these problems on CPA's FB page, I've pleaded that a manager contact me, but all I get are copy & paste type “standard response” type emails that don't serve to resolve these issues.
So my question is is if I should find it necessary to file a case, or cases, against CPA (Cebu Air Inc.) might be a lawyer/attorney service available whereas they would represent me on, as we call it in my country, a “no win, no fee” basis, i.e. their fee would be paid by Cebu Air Inc. only on the basis of a win?
Thanks
