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Old Oct 10, 2012, 5:25 am
  #346  
uxb
 
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Originally Posted by riceguy
Complaint:
AA Reward Status: Platinum
October 2012, Business Trip LAX to JAX with Connection in Miami
What Happen:
Scheduled Departure 10:40AM
Was asked to de-plane mid take off, 4HR Delayed due to resolve ,Moved to new flight, Departure 2:33PM (Arrived at 10:21PM missed connection flight to JAX, forced to spend the night in Miami with no luggage or change of clothes for next day 7:12AM departure)
Received 19$ for food and night stay at Marriott Courtyard.

Did not get to JAX until next day at 9:10 AM. Did not get to work until 11:00AM. Missed half a day of work due to mishap on October 1, 2012 due to leaking water and fuel on aircraft.

Awarded within 1 Hr of submitting: $500 eVoucher.

This is my first time, can I use the eVoucher to book any ticket for anyone or is it just for me?
You can use your eVoucher to book for anyone on AA.com. The flights must be on AA metal or OW metal or AA codeshares. Also note that your voucher is tax-free for the amount indicated. This means if your total fare is $600,- then you will only pay tax on the $100,- not covered by the voucher.

Here are the full T+Cs for eVouchers:

Note: eVouchers are redeemable toward the purchase of air travel wholly on flights operated by American Airlines, American Eagle and AmericanConnection carriers for itineraries sold and originating in the U.S., Puerto Rico and U.S. Virgin Islands. eVouchers may also be used for payment of air travel on any oneworld partner or Codeshare flights designated in flight listings as AA*. They cannot be used for payment of air travel on any other airline. In addition if a credit card is used in conjunction with eVoucher(s), the credit card must have a United States, U.S. Virgin Islands or Puerto Rico billing address. eVouchers may not be used for upgrades, Admirals Club memberships enrollments, Admirals Club One-Day passes, AAdvantage Award Travel or other non-flight products and/or services sold on AA.com. eVouchers are valid for one year from date of issue and cannot be reissued after expiration.
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Old Oct 12, 2012, 7:02 am
  #347  
 
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Any $ due for 2+hour late TATL flight?

My MIA-BCN flight departing on 10-9 arrived over 2 hours late due to mechanical in MIA. AA gave me 5K RDMs. Am I entitled to any money or vouchers for that delay?
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Old Oct 12, 2012, 7:08 am
  #348  
 
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LOL No.
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Old Oct 12, 2012, 7:08 am
  #349  
 
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Not under any EU regulations.

(Assuming you flew AA) You did not fly on a Community Carrier
-AND-
You did not depart from an airport located within the territory of a Member State
-OR-
Your flight was over 3500KMs and the delay was under 4 Hours
The delay was under 3 hours

Last edited by evanderm; Oct 12, 2012 at 2:25 pm Reason: Forgot about IB
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Old Oct 12, 2012, 7:28 am
  #350  
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Originally Posted by nor4
My MIA-BCN flight departing on 10-9 arrived over 2 hours late due to mechanical in MIA. AA gave me 5K RDMs. Am I entitled to any money or vouchers for that delay?
No. (Assuming this was an AA flight and not an IB one) However, a delay in the other direction might get you $$
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Old Oct 12, 2012, 8:24 am
  #351  
 
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Originally Posted by mvoight
No. (Assuming this was an AA flight and not an IB one) However, a delay in the other direction might get you $$
Two hours is not long enough for compensation for flights of that distance. Plus the courts are still deciding whether compensation also applies to long delays and not just cancellations. So even if the OP was on IB or AA ex-EU there is no obligation for the airline to provide any further (monetary) compensation.
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Old Oct 12, 2012, 8:27 am
  #352  
 
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No, and TBH I'd be happy with the 5k RDMs.
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Old Oct 12, 2012, 8:55 am
  #353  
 
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Take the 5K and run. Surprised you received that.
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Old Oct 12, 2012, 9:47 am
  #354  
 
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Originally Posted by Abidjan
Take the 5K and run. Surprised you received that.
I had a 2+ hour DFW -> LHR mechanical delay this week and received an email from customer relations giving me 5000 miles without any request. Maybe it's a standard thing now.
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Old Oct 12, 2012, 9:53 am
  #355  
 
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>3 hours. Check www.euclaim.eu with flight number/date.
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Old Oct 12, 2012, 12:42 pm
  #356  
 
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Originally Posted by evanderm
Two hours is not long enough for compensation for flights of that distance. Plus the courts are still deciding whether compensation also applies to long delays and not just cancellations. So even if the OP was on IB or AA ex-EU there is no obligation for the airline to provide any further (monetary) compensation.
How do you figure (do you have a citation)?

Reg 261/2004 is still regulation until it's overturned by the courts. Several court decisions have upheld the regulation, and have actually strengthened consumer rights by eliminating mechanical faults as exempt delays. I have had a 24-hour delay on AA CDG>ORD and contacted the French authorities who ordered AA to pay up (and they did).

OP, see http://www.flyertalk.com/forum/ameri...ation-due.html - I'll request the merge.
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Old Oct 12, 2012, 1:44 pm
  #357  
 
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Originally Posted by imagineertobe
How do you figure (do you have a citation)?

Reg 261/2004 is still regulation until it's overturned by the courts. Several court decisions have upheld the regulation, and have actually strengthened consumer rights by eliminating mechanical faults as exempt delays. I have had a 24-hour delay on AA CDG>ORD and contacted the French authorities who ordered AA to pay up (and they did).

OP, see http://www.flyertalk.com/forum/ameri...ation-due.html - I'll request the merge.
The Regulation istelf does not provide for compensation for delays, only that the passengers have a right to care.

Article 6

Delay
1. When an operating air carrier reasonably expects a flight
to be delayed beyond its scheduled time of departure:
(a) for two hours or more in the case of flights of 1 500 kilometres
or less; or
(b) for three hours or more in the case of all intra-Community
flights of more than 1 500 kilometres and of all other
flights between 1 500 and 3 500 kilometres; or
(c) for four hours or more in the case of all flights not falling
under (a) or (b),
passengers shall be offered by the operating air carrier:
(i) the assistance specified in Article 9(1)(a) and 9(2); and
(ii) when the reasonably expected time of departure is at least
the day after the time of departure previously announced,
the assistance specified in Article 9(1)(b) and 9(1)(c); and
(iii) when the delay is at least five hours, the assistance specified
in Article 8(1)(a).
2. In any event, the assistance shall be offered within the
time limits set out above with respect to each distance bracket.

Article 7

Right to compensation
1. Where reference is made to this Article, passengers shall
receive compensation amounting to:
(a) EUR 250 for all flights of 1 500 kilometres or less;
(b) EUR 400 for all intra-Community flights of more than
1 500 kilometres, and for all other flights between 1 500
and 3 500 kilometres;
(c) EUR 600 for all flights not falling under (a) or (b).
In determining the distance, the basis shall be the last destination
at which the denial of boarding or cancellation will delay
the passenger's arrival after the scheduled time.
2. When passengers are offered re-routing to their final
destination on an alternative flight pursuant to Article 8, the
arrival time of which does not exceed the scheduled arrival
time of the flight originally booked
(a) by two hours, in respect of all flights of 1 500 kilometres
or less; or
(b) by three hours, in respect of all intra-Community flights of
more than 1 500 kilometres and for all other flights
between 1 500 and 3 500 kilometres; or
(c) by four hours, in respect of all flights not falling under (a)
or (b),
the operating air carrier may reduce the compensation
provided for in paragraph 1 by 50 %.
3. The compensation referred to in paragraph 1 shall be
paid in cash, by electronic bank transfer, bank orders or bank
cheques or, with the signed agreement of the passenger, in
travel vouchers and/or other services.
4. The distances given in paragraphs 1 and 2 shall be
measured by the great circle route method.
In Article 6 dealing with delays, no reference is made to Article 7 (Compensation) which specifically states: "1. Where reference is made to this Article..."

The Courts have ruled in the Sturgeon Case (Joined Cases C-402/07 and C-432/07) that a delay over 3 hours in length should be granted the same rights to compensation as in the event of a cancellation.

This was later challenged by various airlines in the High Court in the UK and the Bundesgerichtshof in Germany who in turn requested a Preliminary Ruling to which the Advocate General has given his opinion in Joined Cases C‑581/10 and C-629/10; though the case still rests with the ECJ and the judgement is set to be delivered on October 23.

Though I stand to be corrected.

As long as the cases are pending, airlines are holding off. It's likely that the judgements will be in the consumer's favour, however, they would still not be applicable to the OP based on the length of the delay and/or the carrier involved (if it was AA).

But to answer your question: Yes, I have a citation

Last edited by evanderm; Oct 12, 2012 at 2:00 pm Reason: Add citations
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Old Oct 12, 2012, 2:25 pm
  #358  
 
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Ah yes indeed, the original reg didn't point to article 7 for delays, but the decisions since have. Agreed that the OP is out of luck given the carrier and flight direction. Thanks for spelling that out and for the citations. You'll forgive me asking - it's academia brainwashing I tell you!
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Old Oct 12, 2012, 2:36 pm
  #359  
 
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Originally Posted by imagineertobe
it's academia brainwashing I tell you!
It helps to have been a student in European Law
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Old Oct 12, 2012, 3:05 pm
  #360  
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I'm surprised you got 5K!!!!! I would have expected nothing.
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