Compensation for AA breaking my mobility device
 

On a recent international flight with AA, the mobility scooter I had gate checked was returned in a condition where it would not work at all even though it was perfectly fine when I checked it in.

I have a mobility disability that prevents me from functionally walking. I also have muscle weakness that makes it impossible for me to push a manual wheelchair so I travel with a powered mobility scooter. When I have my scooter, I can get around independently, without it I am stuck sitting in one place.

While AA and the wheelchair assistance team put me in a cab, I had to hire someone to go to my apartment and wait for me so that they could meet me with another mobility device I had at home as I can't as much as walk from the cab to the front door. I live alone and paying someone was the only way I could get help in this emergency situation. Despite admitting fault for breaking the scooter, AA is refusing to reimburse me for this expense that I would never have to incur if they had not broken the device that essentially serves as my legs. To add insult to injury, I was further delayed at the airport because AA took nearly an hour to get the scooter back to me in the first place during which time the FAs obstructed it's timely return by making up nonexistent customs rules about wheelchairs needing to be held at baggage (not true! There's a federal law that requires it to be returned to the gate before the rest of the cargo is unloaded)¢ and then to add insult to injury sent a shuttle van that had no handicap access to pick me up, necessitating an hour long negotiation to get access to an accessible form of transportation to take me home, on top of in flight issues with a seat that wouldn't recline at all. They did provide a voucher that expires in a year, but to use it would mean I'd have to pay a hefty supplement out of pocket to fly to the places I'm planning to travel to this year and after this incident (the first time the scooter was damaged in flight, and I fly a lot on other airlines), I'd be too nervous to fly AA with a powered mobility device as I'd be too afraid of not making it to a meeting or a vacation being ruined. I think the expectation of an airline returning a mobility device in working order is a very reasonable one and being stuck with a broken chair and a resulting 5 hour delay in getting home with no way to enter my own residence without help is not a frivolous complaint.

Has anyone successfully gotten compensation beyond the initial offer? I wrote a letter to Doug Parker and it still for relegated to customer service and the person who answered wouldn't budge on compensation.

350

1. They admitted fault for not delivering the scooter in the timely manner and in a condition other than the one they received it in (both a violation of federal law)
2. Possibly, but it was BCN and JFK. BCN is known for being good with mobility assistance and JFK is it's charming self but it's also my home airport and I've never had broken equipment on return there despite many flights. I've had other issues with AA and mobility equipment before, in hindsight should have resisted the irresistible fare I booked.
3. I don't have home insurance. Don't own my home. The issue is not cost of getting it fixed as it was a travel rental (I don't bring my full-time scooter to Europe because of size) and I was lucky that the rental company's mechanic was able to take care of it next day so I didn't get charged for that, it was my complete inability to get home without someone to assist me as I had zero mobility without a functioning power operated device. No one in my home means I had to hire someone to be there for me... Otherwise I'd still be sitting in a cab!

When you throw around "violation of federal law", expect them to clench up and speak no more....

The issue here is that compensation is both the wrong thought process and the wrong term. You also need to separate out perceived service shortcomings from actual damages you suffered. The former are about a customer service gesture and that is what AA gave you. Whether it is sufficient is a matter of opinion.

As this was an international flight, the Montreal Convention applies and you are due the fair market value of he scooter or what it cost you to fix it. It is unclear that you are due consequential costs such as paying someone to meet you, but I doubt that AA will quibble.

You should submit to AA a short and concise statement which focuses only on relevant detail. The exact nature of your disability is not relevant nor is it anything you need to discuss with AA. I would also leave out all of the who said what and your assessment of the law relating to the return of disability equipment.

Thus:
1. Checked in a scooter for gate return at JFK.
2. It was working when checked.
3. It was not working when returned due to damage.
4. Incurred the following expenses:
- Repair of the scooter (I realize that this may be $0, but you ought to then simply point out that the technician repaired it without cost to you)
- Payment for special assistance at home. Provide a receipt, even if handwritten and a copy of the cancelled check.

It may well be that the $350 voucher is a much better result than the cash you would receive for your out-of-pocket expense to the person who assisted you. Whether it covers the entire cost of a ticket, it defrays the cost by that amount and has value if you intend to travel. But, it really is your choice.

While I realize that you replied above that you do not own, but rather rent, I do not believe that the suggestion was confined to homeowner's insurance, but could include renter's, an umbrella policy and even various other policies.

Finally, remember that every carrier operating out of a US airport has a (Disability) Complaint Resolution Officer (CRO) available either in person or by phone during operating hours. While your initial request for a taxi voucher was properly made to an employee, presumably in the baggage area, if that was not promptly dealt with your immediate request should be for the employee to put you in touch with a CRO. At JFK, I presume that it will be someone physically present. CRO's are trained and can cut through other issues and also put you in touch with the right people to handle reimbursements (which is what you are looking for, not "compensation").

As someone with a disability, you should familiarize yourself with the CRO process as it may be helpful in any respect where there are disability-related issues.

I can't comment on the applicability of any federal law (which may or may not apply in Spain), but I think blanket statements about airports being good or not at one type of luggage delivery are not really that helpful. As for not having insurance, I guess you've self-insured in this case. Since it wasn't your scooter, I would imagine that the rental came with insurance?

I’ll not deal with the issues already mentioned, but I’d recommend renter’s insurance that covers your mobility device or a floater to the policy that does. Good luck.

I can't be helpful in any way but want to say how sorry I am that this happened. It must be both frustrating and demeaning to basically have your legs taken away from you. I am glad you eventually got home but am sorry that there were so many obstacles in the way of achieving that.

First I completely agree with sandiego1 sentiments. On a similar note, my mother travels with a walker. Last year On the last leg ..a domestic flight of an international trip, the FA refused to let it on the plane, and my mom tired and not wanting to argue allowed it to be gate checked. It was never seen again AA did replace it after an extended correspondence, but my mom also learned to assert her rights flying to make sure it's not taken away.again I think the advice upstream to know the people and procedures available at the airports you will be traveling in is sound advice also kudos to the OP for continuing to travel and see the world..its inspiring to the rest of us

Thank you. I am very familiar with the governing regulations and the CRO process. The problem is that across the board American failed on execution. Unfortunately closet storage is not an option for battery powered mobility services, so gate checking is the only way to transport it. Instead of asking the ground crew to get their act together and hurry up with it, the FAs chose to instead argue with me and make up bogus Customs regulations saying customs has to be hold the device, when the governing law (Air Carrier Access Act) calls for gate delivery. They claimed that they've been doing for 30 years and that was the first time they heard of this federal aviation law that's been on the books since 1986. In reality, I think they were trying to bully me into an airport chair so they could deplane. This has happened lots of times and I always just smile and say no thank you I'll just wait here and they realize their game is up, and miraculously the chair shows up in a couple of minutes, but these ladies were next level. I did ask for a CRO when it became clear they weren't going to help the situation but I don't think they called him because he only arrived after the gate service team called him once it became clear my chair was broken. Despite the chair being broken not one member of the in-flight crew stopped to help on the jet bridge and literally said "we're allowed to leave now." The CRO is the one who ordered the van without the lift, not some clueless clerk.

Agree with the above that the passenger was not asking for treatment above and beyond reasonable expectations. My question to all those of you with disabilities since I'm fortunate enough not to have a serious one: If the airline is not responsible for you once you get off the plane with your belongings, how far does their responsibility reach if their mistake extends past the airport?

This is the key and it is why OP really needs to focus on one of two issues:

1. Reimbursement for out-of-pocket expenses directly caused by the incident. Paying someone to meet her at her residence is likely "incidental" and not a direct out-of-pocket expense, but as noted above, I am willing to bet that AA will not quibble if provided the specifics. It appears that the rental facility repaired the scooter without charge. But, if there had been a charge, that would have been something for which AA was directly responsible.

2. Compensation for poor service, which is a discretionary customer service gesture. Here, AA has provided a $350 voucher. While vouchers have restrictions, I am not sure I understand OP's specific objection to this one as she does travel. The amount seems to be fairly generous to the extent that any amount makes up for the issues.

In theory the two are not mutually exclusive, but they might be and nobody can predict that in advance. I have no idea what OP paid to the individual whom she called to help her, but it may be worth considering whether it is worth the $350 voucher.

It goes without saying that the voucher means having to fly AA at least one more time, but that is beyond the issues at stake.

For me, having cash reimbursement would be more valuable. I do travel a lot but not always to the same place and a lot of my trips are pre-paid for by work (no pocketing a reimbursement), so for the voucher to be useful in such a tight timeframe (unless I can turn it into gift cards?), I'd have to find a route that AA's price with the voucher would be advantageous over a competitor. For example, I want to go to Japan so I could book a ticket on JAL through AA for $1,500 after the voucher is applied, but ANA has a sale for roughly $1,000, so I would have to pay more to use AA's compensation, or change my plans for the year around the voucher. Not to mention putting faith in AA not screwing up an aspect of the flight. I've been hesitant to fly them since it seems to be a 50/50 chance of something going wrong with the wheelchair -- last international flight with AA, the purser refused to put my folding manual wheelchair in the closet though the law says it has priority over crew bags because she didn't want to move her carry on, threatened to boot me from the flightand then called Mexican security to "make sure I am ok to fly" and when I explained the situation, Mexican security made the crew put my wheelchair in the closet, but still super frustrating. A few years before that, they forgot to load my gate checked wheelchair onto the plane. Haven't had these problems with other carriers, so you can see why I now have trust issues when it comes to AA.