Denied boarding on TWA - Unresolved
#1
Original Poster




Join Date: Jan 2002
Location: Long Island, NY, USA
Posts: 1,338
Denied boarding on TWA - Unresolved
I was booked on flight TW0843 from JFK to SFO on March 08, 2001 departing JFK at 4:45 PM. I checked in very early at approx 10:30 AM. Close to departure time, I needed to make a telephone call. Sice there were no telephones ear the gate, I had to go outside the security area and arrived at the gate at 4:25 PM, which was 20 minutes before the scheduled departure. The gate agents had closed the gate and refused to let me on the plane even though the aircraft had not yet left the gate. The aircraft did not leave the gate till 4:45 PM.
The gate agents told me that I had to be at the gate 30 minutes before departure. The TWA ticket jacket has the following information under
"CHECK-IN AND BOARDING:"
After checking in for the flight, passengers must be on board the aircraft 10 minutes (45 minutes for international, Puerto Rico and Hawaii flights) before scheduled departure time or their resrvations and seat assignments are subject to cancellation.
By denying me boarding, even though I was well within the time stipulated, the gate agents clearly violated my rights as a fare paying passenger. In addition, they were extremely rude.
I was then put on STANDBY for the next flight (TW0045) and arrived in SFO at 11:00 PM, three hours after my scheduled arrival. I did not get a meal on this flight. By the time I picked up the rental car and arrived at my friend's place in Los Gatos, it was past 1:00 AM.
On return, I contacted TWA and was offered a Denied Boarding Compensation voucher-good for domestic travel in the Continental United
States. I refused. This was TWA's normal compensation under their "TWA Customer Commitment" if I was denied boarding because the flight was oversold or "circumstances beyond TWA's control. They also had to accomodate me on a flight leaving within 2 hours. Actually they did not accomodate me at all. They put me on a standby list for a flight leaving 3 hours after the original flight and confirmed me 10 minutes prior to departure. This accompanied by extremely rude behavior and misrepresentation of the rules and policy. I was without a meal on a 6 hour transcontinental flight.
I asked for 2 Vouchers good for First Class Travel Systemwide on TWA or American (since it was already known at the time that TWA would stop flying within a few months). I also asked to comped AAdvantage Platinum for two years.
TWA did not agree. They essentially stuck to their offer of one domestic coach voucher good for travel on TWA only and we were at a stalemate. I wanted to seek some sort of legal remedy, but got busy with other things and never followed up.
I have now revived this matter with AA. Any of you experts out there have any suggestions?
The gate agents told me that I had to be at the gate 30 minutes before departure. The TWA ticket jacket has the following information under
"CHECK-IN AND BOARDING:"
After checking in for the flight, passengers must be on board the aircraft 10 minutes (45 minutes for international, Puerto Rico and Hawaii flights) before scheduled departure time or their resrvations and seat assignments are subject to cancellation.
By denying me boarding, even though I was well within the time stipulated, the gate agents clearly violated my rights as a fare paying passenger. In addition, they were extremely rude.
I was then put on STANDBY for the next flight (TW0045) and arrived in SFO at 11:00 PM, three hours after my scheduled arrival. I did not get a meal on this flight. By the time I picked up the rental car and arrived at my friend's place in Los Gatos, it was past 1:00 AM.
On return, I contacted TWA and was offered a Denied Boarding Compensation voucher-good for domestic travel in the Continental United
States. I refused. This was TWA's normal compensation under their "TWA Customer Commitment" if I was denied boarding because the flight was oversold or "circumstances beyond TWA's control. They also had to accomodate me on a flight leaving within 2 hours. Actually they did not accomodate me at all. They put me on a standby list for a flight leaving 3 hours after the original flight and confirmed me 10 minutes prior to departure. This accompanied by extremely rude behavior and misrepresentation of the rules and policy. I was without a meal on a 6 hour transcontinental flight.
I asked for 2 Vouchers good for First Class Travel Systemwide on TWA or American (since it was already known at the time that TWA would stop flying within a few months). I also asked to comped AAdvantage Platinum for two years.
TWA did not agree. They essentially stuck to their offer of one domestic coach voucher good for travel on TWA only and we were at a stalemate. I wanted to seek some sort of legal remedy, but got busy with other things and never followed up.
I have now revived this matter with AA. Any of you experts out there have any suggestions?
#2
Moderator: Coupon Connection & S.P.A.M




Join Date: May 2000
Location: Louisville, KY
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Posts: 58,133
I think you're expecting too much. It's a miracle they offered you the voucher (even though they appeared to violate their own contract of carriage) so I'd take it if it's still available if I were you.
#3
A FlyerTalk Posting Legend


Join Date: Feb 2000
Location: Cambridge
Posts: 63,783
Well, not asking for much, I see.
For a 3 hour delay, you are asking for...
2 FC tickets worth approximately 240k miles of ~$15k.
2 yeas of comp status to PLT, which I've never even heard of as a compensation since AAdvantage is run as a separate unit.
All because you decided to leave the boarding area voluntarily to make a phone call outside security.
You are indeed fortunate TWA offered you anything at all. If I were the CSR rep who saw your "request for compensation", I'd laugh my head off and forward the info to colleagues for a good laugh.
For a 3 hour delay, you are asking for...
2 FC tickets worth approximately 240k miles of ~$15k.
2 yeas of comp status to PLT, which I've never even heard of as a compensation since AAdvantage is run as a separate unit.
All because you decided to leave the boarding area voluntarily to make a phone call outside security.
You are indeed fortunate TWA offered you anything at all. If I were the CSR rep who saw your "request for compensation", I'd laugh my head off and forward the info to colleagues for a good laugh.
#4
Join Date: Oct 2000
Location: Munich, Germany
Programs: LH HON, DL FO/MM, Marriott Lifetime Platinum, Accor Lifetime Platinum, Sixt Diamond
Posts: 6,174
To be honest, I would feel very bad about being left behind, too... and as I see it, TWA has violated the contract of carriage. I would say it's clear that you are entitled to compensation for involuntarily being denied boarding - so you're looking at USD 400 cash as the maximum.
A systemwide transportation voucher in First Class is way too much you are asking for. Given the fact that the cash DBC is usually doubled if one is accepting a voucher rather than cash, you're looking at USD 800 maximum in vouchers...
A systemwide transportation voucher in First Class is way too much you are asking for. Given the fact that the cash DBC is usually doubled if one is accepting a voucher rather than cash, you're looking at USD 800 maximum in vouchers...
#5
Original Member and FlyerTalk Evangelist




Join Date: May 1998
Location: Kansas City, MO, USA
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In the art of negotiating, sometimes making a totally ridiculous counter-offer is not in your best interest.
#6
Join Date: Jan 2002
Location: atlanta, GA
Posts: 2,040
I don't know why so many people on this board are so quick to defend the outrageous antics of the airlines. Generally speaking, you had a contract for travel that the airline breached and so they would have owed you damages. Measuring your damages is difficult, particularly because you eventually got to your destination albeit late at no cost to you. If you had come out of pocket to take a different flight, contract law generally would let you recover.
One caveat is that you rarely hear of the airlines getting sued by passengers. I suspect there is federal legislation that protects them from things like this.
I think they acted horribly but economically what they offered you is probably more than you would get in court.
One caveat is that you rarely hear of the airlines getting sued by passengers. I suspect there is federal legislation that protects them from things like this.
I think they acted horribly but economically what they offered you is probably more than you would get in court.
#7
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Join Date: Feb 2000
Location: Cambridge
Posts: 63,783
I think TWA made a reasonable offer for a passenger who was denied boarding because the gate agent closed the gate early.
My reaction was based primarily on the ridiculously high compensation he wanted. Give me a break.
My reaction was based primarily on the ridiculously high compensation he wanted. Give me a break.
#8
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Join Date: May 1998
Location: Kansas City, MO, USA
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Even if they were rude, those gate agents must have been doing something right to have the flight boarded and the door closed 20 minutes before scheduled departure ... I just wish more gate crews were that efficient, I have never witnessed such a feat in my flying days (usually if a flight is very lightly loaded they won't even start boarding until 20 minutes before scheduled departure).
#9
Suspended
Join Date: May 2000
Posts: 1,604
<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by Spiff:
I think you're expecting too much. It's a miracle they offered you the voucher (even though they appeared to violate their own contract of carriage) so I'd take it if it's still available if I were you.</font>
I think you're expecting too much. It's a miracle they offered you the voucher (even though they appeared to violate their own contract of carriage) so I'd take it if it's still available if I were you.</font>
There are no telephones airside at JFK?
#12
Join Date: Jan 2001
Location: Kingston, Ont, the limestone city
Posts: 975
GREED
I think he is here to get our approval... well, it looks like he isn't getting any. Be reasonable, 2 FC.. yeah, $15,000 compensation for what damages?
Read the fine print, when you travel or develop films, or do anything in business, you cannot sue for consequences of such action. If a film of your honey is destroyed, photoshop simply reimburse you a brand new film.
If a flight is missed, airlines should simply reimburse another ticket of similar value.
By the way, why don't you ask for lifetime Platinum status while you are at it. You know, that status does exist, for people accumulating 2 million miles... Why don't you ask for it as part of your package?
I think he is here to get our approval... well, it looks like he isn't getting any. Be reasonable, 2 FC.. yeah, $15,000 compensation for what damages?
Read the fine print, when you travel or develop films, or do anything in business, you cannot sue for consequences of such action. If a film of your honey is destroyed, photoshop simply reimburse you a brand new film.
If a flight is missed, airlines should simply reimburse another ticket of similar value.
By the way, why don't you ask for lifetime Platinum status while you are at it. You know, that status does exist, for people accumulating 2 million miles... Why don't you ask for it as part of your package?
#13

Join Date: Oct 1999
Location: NY/NJ
Posts: 525
I agree with most of the reports on the board. A free domestic ticket is appropriate, maybe with some extra miles as a little goodwill. The airline did violate the rules if you in fact got there 20 minutes before departure for a domestic flight. What you asked for is extremely inappropriate, even from someone who is really demanding. You should still be able to get that unless you threatened legal action already - in which case any offer will probably be withdrawn.
#14
Original Member



Join Date: May 1998
Location: Escondido CA USA
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Greed might be the word or duh. If you already knew they were going out 0f business, then they knew. I am surprised they offered you anything AND for you to pass up a free ride is, well, duh...in my opinion.
If this were an airline staying in business, I would have countered with a request for a meal voucher too (but accepted the free flight).
Your story and position hedges on some narrow time windows.
If this were an airline staying in business, I would have countered with a request for a meal voucher too (but accepted the free flight).
Your story and position hedges on some narrow time windows.
#15
A FlyerTalk Posting Legend


Join Date: Feb 2000
Location: Cambridge
Posts: 63,783
Hmm, now I'm wondering what an airline would have to do to a passenger in order to make 2 systemwide first-class tickets a reasonable compensation.
I think it'd have to involve non-permanent but painful bodily injury caused by a member of the flight crew doing something extremely inappropriate.
Say, a FA or pilot decking you for no good reason causing a broken nose which had to be re-set by a doctor (but causing no permanent damage or scars).
I think it'd have to involve non-permanent but painful bodily injury caused by a member of the flight crew doing something extremely inappropriate.
Say, a FA or pilot decking you for no good reason causing a broken nose which had to be re-set by a doctor (but causing no permanent damage or scars).




