Originally Posted by
Safti
Thanks for your response. I am just looking for compensation for the cancelled flight. I was put on a flight the following day as there were no available flights the evening of the canceled flight. So, at the end of the day, I'm just looking for compensation and not damages. There were no damages for luggage or hotel. So, as mentioned above, they gave me a $300 e voucher for a next flight but I believe I should be entitled to a different structure if I put in a claim elsewhere. I believe the Montreal Convention would allow different compensation though. How does one go about claiming through the Montreal convention? Do I just respond to the email from AC directly rejecting their offer and asking for different compensation because of the cancellation or is there a different route I should pursue?
Well my question to you is how would you be made whole for what happened here? Did you pay for anything out of pocket (i.e. meals, hotels, etc.)? Did the cancelled flight mean that you missed work or a night at a hotel you booked? If the answer to these questions is no, then I would say APPR is your best route, since for Montreal Convention to kick in here you need to show actual damages. To give you an example, let's suppose I booked a 5 night stay at a resort villa in Honolulu that costs $2,500/night and due to my flight getting cancelled I missed the first night at the hotel. In that case I suffered $2,500 in damages and could claim that under the Montreal Convention. On the other hand if my flight gets cancelled but AC puts me up in a hotel, provides meal vouchers, and I didn't end up missing work or a hotel night, APPR might be the slower (albeit better) option since you'll get $1,000 no questions asked. Now granted you might have to fight for it a bit more appealing to the CTA or small claims court but in theory if the cancellation can't be justified by things like uncontrollable factors like weather or a strike of airport security personnel, the airline is on the hook.
-RooFlyer88
-RooFlyer88