austin_modern

sounds like malarky to me.

LAtraveler1

I saw this article about a passenger who paid for a tweet to complain about BA service. Something I would highly consider if I was in OP's place.


http://uk.news.yahoo.com/furious-bri...0.html#yzOdidk

Often1

Still think that my suggestion of sending a simple webform complaint to AA, devoid of all the legal-beagle demands and references to IDB, makes sense. It's not IDB and OP's damages are definitionally consequential. So, no compensation is due.

But, the fact that compensation is not due does not mean that a customer service gesture is not in order. And, that customer service gesture might properly be the actual $ amount which OP lost.

For what it's worth, walkup tickets to KIN on Jet Blue are $398 for tomorrow. Don't know what OP had paid for the AA tix, but there's a shot that Jet Blue was in the same price range.

Upgraded!

See below

Which B6 doesn't offer...

Seeing as the merger is still in flux, thanks to the DOJ, and each airline will be cutting staff, not adding, there is now way this can be the case. Someone needs to let her know she's probably a year shy of being able to use that excuse.

ijgordon

I don't believe this is correct. The conditions of carriage disclaim liability for failure to operate a flight according to schedule or for changing a schedule. Thus, you can't sue for missing a meeting/business deal or cruise because a flight was delayed or cancelled. (Of course, you can still sue, and a court can still decide whether that section of the COC is enforceable).

I don't believe there's anything in the COC about AA screwing up a reservation/ticket.

ijgordon

Well, to be fair, that's exactly what AA would do if they were in court. Look for mitigating factors. "Well, caviargirl could have bought the B6 tickets for an extra $500, so that's all we think we should owe her, not the $1000 lost on the hotel reservation." They'll also probably try to bring up the fact that if she had more diligently monitored her reservation at AA.com the problem could have been avoided (though not sure a judge would buy that).

Caviargirl - I do encourage you, like others, to first file a complaint with the Dept. of Transportation. It's pretty easy to do online, and I think you can include your correspondence with AA (particularly the part where they admit they messed up). I think the DOT has the power to fine an airline, which might encourage AA to better cooperate with you.

And if that doesn't go anywhere, keep in mind that small claims court was set up just for these types of disputes, without having to burden a consumer with the costs (specifically, lawyers) that would be required in the regular court system. In New York City, for example, the small claims court can be used for matters up to $5,000. I doubt your damages were more than this. And filing a claim costs $25 or less, and they have evening hours. From what I understand, it's a pretty straightforward process. You present your side, AA presents their side (if they even show up), and the judge (or an arbitrator) rules. Kind of like Judge Judy, I guess.

Herb687

Tough. There are, if not "supervisory", then certainly management, employees at an AA Res office with the appropriate SABRE keywords (access levels) to overbook space beyond what RM has authorized.

Massive fail/shameful customer service that AA did not OB the space that was canceled due to its own mistake.

AA will be legally responsible not just for the refund but for any expenses incurred due to OP's reliance on AA to honor the contract.

If OP doesn't get resolution I certainly hope she will follow the advice on here and sue them in small claims court.

jordyn

As I wrote before, this probably won't work. Airlines routinely remove cases from small claims to federal court, which is pretty impractical for small-scale claims such as this.

guv1976

Wirelessly posted (BlackBerry: BlackBerry8530/5.0.0.601 Profile/MIDP-2.1 Configuration/CLDC-1.1 VendorID/417)

I want to reiterate my suggestion that the OP contact the Ombudsman Service at Condé-Nast Traveler magazine, and let them work on this. The Ombudsman Service has an excellent track record of getting airlines and other large travel companies to make this right when the travel provider has screwed up. It costs the OP nothing, and if the OP doesn't like the outcome she can still sue, as long as the statute of limitations on such an action has not run out.

I suspect that AA and similar large travel companies are more afraid of a bad write-up in C-N Traveler -- which is read by people who actually travel -- than by a single adverse court judgment, which may receive little or no publicity. The C-N Traveler Ombudsman seems to have access to media relations people at the airlines who can help get things done. And even though the lodging provider in this case is utterly blameless, the Ombudsman might even be able to obtain some good-will gesture from them, after making clear that this mess resulted from AA's error.

More information about the Ombudsman Service can be found here:

http://www.cntraveler.com/ombudsman

Often1

All very well and good except that Congress expressly preempted state courts on commercial airline consumer claims. AA and other carriers remove these to Federal court by the batch-load.

More important, I went back and read the AA response two more times. It is not an ordinary CS response. It is prompt, factual and comes close to an admission. This is the result of OP having raised IDB and the likelihood that the complaint was handled in AA's regulatory group, not by front-line cut & paste types.

Bluntly, the response was written by people who know that it may well be used in court or at DOT.

So, there are those on FT who want to mount a crusade. But, OP wants some money. Which do you think will satisfy what OP seeks?

747FC

I haven't read all the posts, but if this happened to me and I could not get anywhere with AA, I would write the Conde Naste Traveller's Ombudsman. They tend to get good responses when there is a good paper trail to follow and the circumstances are ones that will attract their readers' interests.

ijgordon

Hmmm, well, unless something has changed very recently, some quick research suggests this isn't necessarily the case.
http://articles.washingtonpost.com/2...ay-bill-mosley
http://www.dot.gov/airconsumer/air-t...-tell-it-judge

StevenSeagalFan

I've taken an airline to smalls claims court before, it can be done, for certain things and you have to do it carefully.

jordyn

In the Washington Post article, Delta never even responds and the plaintiff still doesn't win. I'd hardly call that a glowing endorsement of using small claims court for this stuff.

There's not a huge downside in attempting to file a claim in small claims court, but if the airline bothers to respond it will be moved to federal court quite easily, especially for an international itinerary.

The DOT (for IDB compensation, which I still think there's a reasonable chance is applicable) or the ombudsman-type approaches are much more likely than small claims court to yield meaningful results for the OP.

If you can find anyone that's won a consequential damages claim in small claims court against an airline that actually fought back, I'd be really interested to hear/read about the precedent.

Upgraded!

Whether AA removes the case to federal court or not, I still think it will offer to settle and do so for something fair. The airline has essentially admitted guilt, but hasn't made the OP whole since, in essence, they haven't been asked to. The OP brought up IDB, which likely doesn't apply, and they (probably correctly) declined. Similarly, they declined the request for two tickets anywhere since some F tickets to Brazil, China or London are going to cost way more than this case is worth.

What I doubt AA wants, particularly when they have admitted being at fault, is a challenge to the CoC in court. What if some part, on which the airline relies heavily, is ruled unenforceable? The risk is too high, and this isn't really one to fight (since it's not someone who is trying to screw an airline they're upset at and AA can't afford to set a precedent).