Claiming Compensation for being Bumped!

[Big_Mach]

My girlfriend was on a business trip in the USA. She was due to fly back from Chicago to JFK on AA then catch a MaxJet flight back to the UK.

At Chicago she was told the AA flight was overbooked.
Staff asked for volunteers but no-one did.
Staff began calling people up by name and trying to take their tickets in an effort to prevent them boarding the plane.
They called her up twice and she had to prove that she had a connecting flight to catch from JFK, at which point they said she would be allowed to board.
Boarding commenced, children first, then by rows.
With about 7 people to go a staff member shut the doors and said no one else would be going.
Questions to the staff were met with rudeness and unconcern.


After a long queue at the flight desk she was rebooked on a flight to La Guardia, not JFK.
This flight was subsequently delayed (weather) so any hope of catching the MaxJet connection was gone.
A flight attendant informed her that AA would be taking responsibility for any inconvenience and expense caused.


A trip across New York, now at JFK, the information desk said there was a cause for complaint and reimbursement.
The best solution was to buy an AA ticket to make the process simpler - she bought a business class ticket to match MaxJet.
Back in the UK, AA say their responsibility ended at JFK and they would not refund the UK-bound ticket.

So after 8 hours delay, £2500 additional costs, attempts to snatch tickets out of hands, doors slammed in faces, general rudeness and lack of concern, is there any hope of compensation?

[Self Loathing Freight]

Check out the AA Conditions of Carriage (http://www.aa.com/content/customerService/customerCommitment/conditionsOfCarriage.jhtml#Oversales). These are your rights when involuntarily denied boarding.

[manintheback]

Doubt it. One for the travel insurance policy. Chances are your gfriend will still be out of pocket - cant see an insurer making up that amount. And only listen to those in power to actually make the decisions within their domain of responsibility, else you will just hear what they want you to hear so as to move the problem elsewhere.

[Avman]

If the situation was as described, and I believe you, I'm pretty sure an American lawyer will scare the airline into compensating you (as this would end up much cheaper than losing the case in court with the added publicity). Of course, it would also depend on how much you'd actually get once you've paid your lawyer! :}

One of the key issues here is the poor advice given by an AA employee with regard to purchasing an onward ticket with AA in order to facilitate compensation. It is so often the case where members of the public are fleeced by totally incorrect advice from ignorant staff, and then cannot prove the fact. I'm beginning to think we should all walk around with tape recorders and tape important customer service related conversations with company employees (whatever industry).

[PAXboy]

I am not a lawyer: I do hope that, at each stage when the passenger was given 'advice' or 'directions' by AA staff, that she noted their full name as a minimum. Having a witness to that 'advice' would be desirable.

My guess is that any lawyer will enjoy asking someone about the 'advice' they 'claimed' to have received from an unnamed member of AA staff. She may well have heard that advice but if she cannot prove it?

[Frank Poncherello]

Try the Air Transport Users Council

http://www.caa.co.uk/default.aspx?categoryid=306&pagetype=90&pageid=4426

Managed to print out the document and have it to hand - helps answer the odd passenger question too!! :ugh:

[el @]

I do not want to seem as lecturing anyone, but there are are two or three important things to learn from big mach GF's experience. These things should be know already by any sensible traveller but is worth repeating them again:
1. There is always an implicit risk in booking trips with different carriers. In case of delays and cancellations, is most likely they will NOT do anything to compensate for lost coincidences, etc, except extraordinary circumstances, like FF status, European regulations, etc.
So, what can look like as smart move/big saving on paper, can turn in a nightmare later. The only thing that you can do if you have to schedule with different carriers, is to allow more time between flights, (more than the usual 1-2 hours, it can be better to have a stopover in extreme cases), and buy trip insurance of course.
2. Do not take as true whatever verbal promise given on the phone, counters, etc. Be patient, have a supervisor come over and possibly always get a written statement on what happened, be it a delay, refused boarding, etc.
But BM, how really your GF could have believed that she was to be reimbursed for a business class, full fare ticket, is beyond me. An airline that really wants to fly you home don't have you buy an expensive ticket, they will simply give you a voucher with them or others. I hope that being it supposely a business trip your GF's employer will ultimately take up the cost.