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USCA 09: Breach of Contract Suit - US Airways Baggage Fees

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USCA 09: Breach of Contract Suit - US Airways Baggage Fees

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Old May 3, 2017, 4:33 pm
  #16  
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Finally, US Airways warns, “If Hickcox-Huffman were
to prevail on her claims, airlines would be required to deliver
checked baggage on-time or to provide that service for free.”


Lots of people - including sufficient numbers in the DOT and Congress, one hopes - would consider that a perfectly reasonable expectation - not the end of airlines.
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Old May 3, 2017, 5:09 pm
  #17  
 
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Originally Posted by 3Cforme
Finally, US Airways warns, “If Hickcox-Huffman were
to prevail on her claims, airlines would be required to deliver
checked baggage on-time or to provide that service for free.”


Lots of people - including sufficient numbers in the DOT and Congress, one hopes - would consider that a perfectly reasonable expectation - not the end of airlines.
Next up, ominous warnings about the unbearable cost of being made to deliver baggage on time.

"If we're forced to do this, you can expect fares to increase by as much as SEVENTY TWO CENTS!"
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Old May 4, 2017, 7:05 am
  #18  
 
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Originally Posted by FWAAA
Cue the internet know-it-alls who will mistakenly claim that the Ginsberg holding preempts claims like these.

Seems to me if you pay money for bags, the airline certainly should have to refund part or all of the fee when it fails to perform reasonably.
To add to this, I would propose the following hypothetical: all the facts remain the same, except that the airlines terms expressly state "no refund of the baggage fee shall be provided for any reason." I think in such a case, Ginsberg would preempt a breach-of-contract claim like the one brought here.

The key point in this case is that nothing in the T&C's stated or implied that the airline was not on the hook for ordinary damages arising from delayed baggage delivery.
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Old May 4, 2017, 7:14 am
  #19  
 
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I rarely check a bag, but did so a few years back on US from PHL-LAX and after paying the fees for 4 bags with one being overweight, they were delayed for 48 hours.

I called up AMEX explained what happened and intimated a dispute. AMEX backed my play and I received a letter about six weeks later that US lost the dispute and AMEX was charging them back and refusing my money.

While I am sure I was lucky, it did feel good to get my money back after US delaying my bags.
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Old May 4, 2017, 7:57 am
  #20  
nrr
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DL "can" why not AA

If DL can "guarantee" on-time delivery, why can't AA?
In LAS VEGAS, I was waiting near baggage carousels for a LIMO pick/up; on the PA an AA announcement 30 minutes after arrival: "we apologize for the delay in delivering your bags...they will be arriving 'shortly'".
A long time ago flying on NWA, the plane was 1/2 seats, the other half was a cargo area; 90 minutes after arriving in JFK bags had NOT been delivered to the carousels--my guess the cargo was a PRIORITY shipment getting unloaded first.
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Old May 4, 2017, 8:26 am
  #21  
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Originally Posted by nrr
If DL can "guarantee" on-time delivery, why can't AA?
They "can" guarantee on-time delivery like Delta.
They "can" allow free bags like Southwest.
They "can" charge for a carry-on, like Spirit.

Anyone "can" do a lot of things. They just don't.
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Old May 4, 2017, 8:35 am
  #22  
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Originally Posted by CPRich
They "can" guarantee on-time delivery like Delta.
They "can" allow free bags like Southwest.
They "can" charge for a carry-on, like Spirit.

Anyone "can" do a lot of things. They just don't.
I guess the title in my post (above), should be revised:
"why WON'T AA match DLs guarantee"
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Old May 4, 2017, 8:38 am
  #23  
 
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In LAS and FNT (Flint, MI), my bag always takes at least an hour to come out... Consistently.

I guess I kind of understand in both scenarios... Vegas deals with a lot of bags and Flint is small (They only fly to/from ORD on Eagle). Anything that forces the airlines to deliver them faster would be a win in my book.
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Old May 4, 2017, 8:39 am
  #24  
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Originally Posted by CPRich
They "can" guarantee on-time delivery like Delta.
They "can" allow free bags like Southwest.
They "can" charge for a carry-on, like Spirit.

Anyone "can" do a lot of things. They just don't.
^
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Old May 4, 2017, 11:28 am
  #25  
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Originally Posted by josmul123
In LAS and FNT (Flint, MI), my bag always takes at least an hour to come out... Consistently.

I guess I kind of understand in both scenarios... Vegas deals with a lot of bags and Flint is small (They only fly to/from ORD on Eagle). Anything that forces the airlines to deliver them faster would be a win in my book.
Neither really makes much sense at all.

I can't remember my bag taking more than 30 min at Vegas. Of course now the next time it will

I fly to ABE and AVP quite often, both are very small. It isn't unusual to see my bags waiting for me when I get to baggage claim at either.
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Old May 4, 2017, 5:03 pm
  #26  
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Originally Posted by nrr
I guess the title in my post (above), should be revised:
"why WON'T AA match DLs guarantee"
I'd guess that it's because they don't believe that it would deliver a positive impact to their business. That's usually the reason, right or wrong, for why businesses make decision to offer or not offer products or benefits to their customers.

Or, they're evil capitalistic overlords that rub their hands in glee at being able to not provide benefits to their customers - if you believe some folks.

Probably one of those two.
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Old May 4, 2017, 5:32 pm
  #27  
 
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LAS on AA consistently takes 45 minutes for me. DCA on AA (mainline, I'll cut them a tiny bit of slack if the plane comes to a 35X stand) takes 30 minutes minimum, which reminds me every single time why I hate checking a bag on the way home.

BOS (LAA and LUS sides, one each over the last three weeks) - maybe 7 minutes.
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Old May 4, 2017, 6:01 pm
  #28  
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Originally Posted by FWAAA
Cue the internet know-it-alls who will mistakenly claim that the Ginsberg holding preempts claims like these.
Back in law school, I had to write a paper on the ADA. To this day, I'm still not entirely sure what exactly encompasses "rates, routes and services."

Regardless, glad to see a win for the consumer, and common sense.
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Old May 5, 2017, 5:22 am
  #29  
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Originally Posted by 3Cforme
Finally, US Airways warns, “If Hickcox-Huffman were
to prevail on her claims, airlines would be required to deliver
checked baggage on-time or to provide that service for free.”


Lots of people - including sufficient numbers in the DOT and Congress, one hopes - would consider that a perfectly reasonable expectation - not the end of airlines.
There currently isn't even a requirement to deliver their passengers on time...
Why should baggage be more entitled?
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Old May 5, 2017, 9:49 am
  #30  
 
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Originally Posted by 3Cforme
Finally, US Airways warns, “If Hickcox-Huffman were
to prevail on her claims, airlines would be required to deliver
checked baggage on-time or to provide that service for free.”


.
OMG. The horror. The humanity
Catbert10 is offline  


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