Aug 31, 2015, 9:17 am
Last edit by: footastic
Sequence of events:
American Airlines (AA) Brazil website misprices revenue tickets in initial calculation on purchase page. Repricing the same reservation by changing billing country resulted in the correct price, even when reverting to Brazil.
Vast majority of tickets appear to have gone unticketed for ~1 week. It appears that tickets were issued manually, not automatically.
AA states repeatedly and to several outlets that they will unconditionally honor all fares.
AA begins cancelling tickets. Subsequently, they send out cancellation emails implying that the "country of residence" was misrepresented. Of course, this is not the case, as AA never actually asks for the "country of residence" but the billing address which includes the country of the billing address.
Since AA repeatedly and publicly stated that they would unconditionally honor the tickets, even when specifically asked about it, many purchasers relied upon AA's representations and made non-refundable plans. DoT regulations require airlines to reimburse purchasers who relied upon mistake fares to make non-refundable plans. It may be worth writing into the US Department of Transportation (DoT) to complain about AA's handling of the situation and ask for compensation even without having non-refundable reservations, because AA went to great lengths to assure purchasers that tickets would be unconditionally honored.
DoT air travel complaint form: http://airconsumer.dot.gov/escomplaint/ConsumerForm.cfm
DoT air travel complaint mailing address:
Aviation Consumer Protection Division, C-75
U.S. Department of Transportation
1200 New Jersey Ave, S.E.
Washington, D.C. 20590
DoT air travel complain phone line information:
You may call the ACPD 24 hours a day at 202-366-2220 (TTY 202-366-0511) to record your complaint. Calls are returned Monday through Friday, generally between 7:30 am and 5:00 pm Eastern time.
As mentioned by classyflyer and posted by pb9997, if your flight had some kind of legal nexus within Brazil, their consumer protections should apply to your ticket. Here is the contact information for the relevant consumer protection agencies within Brazil. Please be clear in your communication and REMEMBER TO SUBMIT YOUR COMMUNICATIONS IN PORTUGESE.
To translate your communications before submitting them:
http://translate.google.com
www.reclameaqui.com.br
Quote from pb9997: "This site is known to be the most popular, most viewed upon by companies who care about reputation; Though not official, it has proven to be the most respected by consumers and corporations, who may delay answers on their own channels but do take care to have teams focused on answering for this public site. Information written, from both parties, is public."
www.consumidor.gov.br
Quote again from pb9997: "This is the official PROCON site where consumers and companies present their complaints and arguments. It is official, additional care ought to be taken.
I would highly suggest following the order presented; With the first site the company has room to assess impact, prepare an amiable answer and protect their public reputation.
On the second site... well, it's official and what is written by both parties is the basis to act afterwards in a court of law. Ideally the complaint presented should have the Law that explains why a consumer has been impacted and the expected remedy, according [sic] to the Law."
As of 9/8/15 - Individuals who had tickets cancelled in the first round (8/28) have yet to see refunds post to credit cards.
Feel free to update this Wiki with more complete information.
American Airlines (AA) Brazil website misprices revenue tickets in initial calculation on purchase page. Repricing the same reservation by changing billing country resulted in the correct price, even when reverting to Brazil.
Vast majority of tickets appear to have gone unticketed for ~1 week. It appears that tickets were issued manually, not automatically.
AA states repeatedly and to several outlets that they will unconditionally honor all fares.
AA begins cancelling tickets. Subsequently, they send out cancellation emails implying that the "country of residence" was misrepresented. Of course, this is not the case, as AA never actually asks for the "country of residence" but the billing address which includes the country of the billing address.
Since AA repeatedly and publicly stated that they would unconditionally honor the tickets, even when specifically asked about it, many purchasers relied upon AA's representations and made non-refundable plans. DoT regulations require airlines to reimburse purchasers who relied upon mistake fares to make non-refundable plans. It may be worth writing into the US Department of Transportation (DoT) to complain about AA's handling of the situation and ask for compensation even without having non-refundable reservations, because AA went to great lengths to assure purchasers that tickets would be unconditionally honored.
DoT air travel complaint form: http://airconsumer.dot.gov/escomplaint/ConsumerForm.cfm
DoT air travel complaint mailing address:
Aviation Consumer Protection Division, C-75
U.S. Department of Transportation
1200 New Jersey Ave, S.E.
Washington, D.C. 20590
DoT air travel complain phone line information:
You may call the ACPD 24 hours a day at 202-366-2220 (TTY 202-366-0511) to record your complaint. Calls are returned Monday through Friday, generally between 7:30 am and 5:00 pm Eastern time.
As mentioned by classyflyer and posted by pb9997, if your flight had some kind of legal nexus within Brazil, their consumer protections should apply to your ticket. Here is the contact information for the relevant consumer protection agencies within Brazil. Please be clear in your communication and REMEMBER TO SUBMIT YOUR COMMUNICATIONS IN PORTUGESE.
To translate your communications before submitting them:
http://translate.google.com
www.reclameaqui.com.br
Quote from pb9997: "This site is known to be the most popular, most viewed upon by companies who care about reputation; Though not official, it has proven to be the most respected by consumers and corporations, who may delay answers on their own channels but do take care to have teams focused on answering for this public site. Information written, from both parties, is public."
www.consumidor.gov.br
Quote again from pb9997: "This is the official PROCON site where consumers and companies present their complaints and arguments. It is official, additional care ought to be taken.
I would highly suggest following the order presented; With the first site the company has room to assess impact, prepare an amiable answer and protect their public reputation.
On the second site... well, it's official and what is written by both parties is the basis to act afterwards in a court of law. Ideally the complaint presented should have the Law that explains why a consumer has been impacted and the expected remedy, according [sic] to the Law."
As of 9/8/15 - Individuals who had tickets cancelled in the first round (8/28) have yet to see refunds post to credit cards.
Feel free to update this Wiki with more complete information.
[PREM FARE GONE] AA: GIG/GRU- multiple locations (HKG/LAX/MIA/SFO ETC) ~$200 Y ~$360
Sep 4, 2015, 9:43 am
#1096
Join Date: Aug 2013
Location: Location independent
Programs: AA PlatPro, Asiana Diamond, IHG Diamond, Hilton Diamond, Marriott Titanium
Posts: 287
Now three of my other reservations have disappeared from my AA account - including flights to/from the Chicago DO in October. Is AA really retaliating like this for me calling??
EDIT: The three reservations are back now... but, that was really weird!
EDIT: The three reservations are back now... but, that was really weird!
Last edited by FlyerJT; Sep 4, 2015 at 9:56 am Reason: Update situation
Sep 4, 2015, 9:44 am
#1097
Join Date: Aug 2015
Posts: 13
Discussed with an agent at the AA Platinum desk. Most of the 43 minutes were me on hold while the agent "looked into" it.
The Reservations agents have been told to not touch these tickets and they are absolutely forbidden to reinstate. The agent read from a memo:
"canceled because it was not booked properly... undercharged.. if travel is beyond the 27th of August, the ticket can be exchanged at current prices".
She said that I would have to call the phone number provided in the email to try to reinstate. I explained that there was not a phone number in the email. She asked me to read the email. She said "well, I guess you are going to have to send proof that you live in Brazil to that email address". She ignored my explanation of how that is not a requirement of the fare rules.
Is the next step really small claims court???
The Reservations agents have been told to not touch these tickets and they are absolutely forbidden to reinstate. The agent read from a memo:
"canceled because it was not booked properly... undercharged.. if travel is beyond the 27th of August, the ticket can be exchanged at current prices".
She said that I would have to call the phone number provided in the email to try to reinstate. I explained that there was not a phone number in the email. She asked me to read the email. She said "well, I guess you are going to have to send proof that you live in Brazil to that email address". She ignored my explanation of how that is not a requirement of the fare rules.
Is the next step really small claims court???
AA allegedly put their fares on too big of a 'sale', so they put the ticketing on hold, thought about what they did, agreed to honor the fares and made a public announcement validating the decision, and voluntarily agreed to enter into a contract with you as the customer and them as the carrier
There is no 'out' in the contract of carriage which permits them to cancel the tickets.
Sep 4, 2015, 10:08 am
#1099
FlyerTalk Evangelist
Join Date: Jul 2006
Location: Upper Sternistan
Posts: 10,031
AA has really done an exceptionally poor job of handling this.
I'm sure their internal rationalization is that we're all crooks.
But, while many of us can't resist a seemingly excellent deal, we're also some of their best customers outside of these deals.
I'm sure their internal rationalization is that we're all crooks.
But, while many of us can't resist a seemingly excellent deal, we're also some of their best customers outside of these deals.
Sep 4, 2015, 10:11 am
#1100
Join Date: Jan 2005
Location: New York
Programs: AA EXP - 2MM, NYC-MetroCard,
Posts: 207
our reservations are now gone too 
Actually it would be fun to see what AA would do if they get several hundred small claim court cases to deal with (but as we all know it will not happen because the majority will vent here in the forum and move on.
Actually it would be fun to see what AA would do if they get several hundred small claim court cases to deal with (but as we all know it will not happen because the majority will vent here in the forum and move on.
Sep 4, 2015, 10:41 am
#1101
Join Date: Aug 2013
Location: Location independent
Programs: AA PlatPro, Asiana Diamond, IHG Diamond, Hilton Diamond, Marriott Titanium
Posts: 287
If you call, ask your reservations agent where they are located. If Texas or Arizona, they are in a one-party consent state and you can record their lies... err, the conversation
Sep 4, 2015, 10:45 am
#1102
Join Date: Aug 2015
Posts: 13
My guess is if you file in small claims, you'll get a call before the hearing date offering to reinstate your ticket.
Sep 4, 2015, 11:02 am
#1104
Join Date: Aug 2013
Location: Location independent
Programs: AA PlatPro, Asiana Diamond, IHG Diamond, Hilton Diamond, Marriott Titanium
Posts: 287
Sep 4, 2015, 11:20 am
#1105
Join Date: Sep 2012
Location: LAX
Programs: AA EXP, AMEX PLAT, Priority Pass, Admirals Club, SPG Plat, Hilton Diamond, Hyatt Diamond
Posts: 222
Small claims court question
I currently have 5 canceled tickets. If I do decide to file in small claims court would I file 5 separate claims because there were 5 separate incidents of breach of contract?
Sep 4, 2015, 11:23 am
#1106
Join Date: Aug 2015
Posts: 13
I have spoken with a lawyer regarding my situation and the answer to that for me was yes. Of course, please do your own diligence for personal situation.
Last edited by statys; Sep 4, 2015 at 11:24 am Reason: i am not providing legal advice
Sep 4, 2015, 11:30 am
#1107
Join Date: Dec 2012
Location: SFO
Programs: Delta Diamond/ Hyatt top tier(lifetime)
Posts: 652
Looking into this.
---
If the defendant is a business or government agency, you should know who the agent for service of process is (the legal representative of the organization to be notified of the suit.)
---
Anyone know who should be listed as the agent ? Or who I need to talk too at AA to get this info?
---
If the defendant is a business or government agency, you should know who the agent for service of process is (the legal representative of the organization to be notified of the suit.)
---
Anyone know who should be listed as the agent ? Or who I need to talk too at AA to get this info?
Sep 4, 2015, 11:31 am
#1108
Join Date: Jul 2005
Location: PEK
Programs: A3*G, UA Gold EY Silver
Posts: 8,954
What would you get out of the small claims court? Would it be ticket reinstatement or just the costs that you had to bear?
Sep 4, 2015, 11:44 am
#1109
Original Poster
Join Date: May 2001
Location: is everything...but...
Programs: dont matter anymore...
Posts: 3,019
Sep 4, 2015, 11:45 am
#1110
Join Date: Dec 2012
Location: SFO
Programs: Delta Diamond/ Hyatt top tier(lifetime)
Posts: 652
GC at work said that it would be possible to consider damages as the difference in fare paid vs the current fare along with any non refundable expenses associated with ticket.