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-   -   Strange denial of boarding on MAN-PHL (https://www.flyertalk.com/forum/american-airlines-aadvantage/1963018-strange-denial-boarding-man-phl.html)

MSPeconomist Mar 30, 2019 8:39 pm


Originally Posted by dflanagin (Post 30947845)

okay yes, they were my first contact. I couldn’t remember because I slowly CC’d people when I wasn’t getting anywhere and my last email was just everyone who has ever worked at AA probably 😂

I think it would still be wise to send a "last chance to pay or I'm filing" email to the EC261 claims email address before officially filing the complaint with the government.

ijgordon Mar 30, 2019 9:27 pm

You should file a complaint with the US DOT aviation consumer protection division as well, just for the records.
You could of course sue in US small claims court for a refund of any rebooking or hotel fees, but the €600 delay comp under EC261 obviously has to be dealt with in the EU. (I bet AA can’t wait for the U.K. to leave the EU! :D )

fotographer Mar 31, 2019 4:32 am


Originally Posted by MSPeconomist (Post 30942914)
Yes, but so what? If the OP's written documentation says ten minutes, then that's the rule that applies in this case.

so true, but then again he missed his flight..

dflanagin Mar 31, 2019 11:04 am


Originally Posted by fotographer (Post 30948498)
so true, but then again he missed his flight..

..wait what? his flight left 22 minutes early, boarding doors closed 30 minutes early (although no on Sabre). Of course he missed his flight, thats the point of all this. Who is at fault for him missing the flight. I think we have made a relatively unanimous decision here, considering the level of aviation/airline knowledge on this forum is unmatched anywhere on the internet.

platbrownguy Mar 31, 2019 11:22 am


Originally Posted by ijgordon (Post 30947899)
but the €600 delay comp under EC261 obviously has to be dealt with in the EU.

Why obviously? Is there something in the reg that requires an EU court to adjudicate EC261 claims? Just curious... even if not, I'm inclined to agree that US courts might be skeptical of a claim arising under EU law that isn't rooted in a treaty. But it seems far from obvious -- our (state and federal) courts have to apply foreign law all the time. If the reg doesn't explicitly require adjudication in the EU, I would guess that it's possible to pursue a claim (at least as an ancillary claim to some other contract claim) in at least some state courts.

dflanagin Mar 31, 2019 11:30 am


Originally Posted by platbrownguy (Post 30949381)
Why obviously? Is there something in the reg that requires an EU court to adjudicate EC261 claims? Just curious... even if not, I'm inclined to agree that US courts might be skeptical of a claim arising under EU law that isn't rooted in a treaty. But it seems far from obvious -- our (state and federal) courts have to apply foreign law all the time. If the reg doesn't explicitly require adjudication in the EU, I would guess that it's possible to pursue a claim (at least as an ancillary claim to some other contract claim) in at least some state courts.

we are filing the claim in the UK, so they are bound by eu regulation. We aren't handling any of this in the US.

platbrownguy Mar 31, 2019 11:33 am


Originally Posted by dflanagin (Post 30949404)
we are filing the claim in the UK, so they are bound by eu regulation. We aren't handling any of this in the US.

Yes of course -- and good luck to you. (I wasn't questioning that, of course, but rather ijgordon's proposition that one "obviously" couldn't pursue EC261 relief outside the EU).

dflanagin Mar 31, 2019 12:55 pm

I've now published the story locally, here:

https://thenorthernquota.org/news/am...ames-passenger

Hoping to pick up traction with this!

robofski Mar 31, 2019 1:00 pm

Subscribed, looking forward to see how this plays out!

dflanagin Mar 31, 2019 1:05 pm

Please share the story (if you are inclined!). it already has 1500 reads in a few hours, so lets hope AA catches wind

GunsOfNavarone Mar 31, 2019 1:32 pm

Thanks for sharing the story and being an awesome advocate for your friend!

After reading the northernquota story- I am wondering if you have uncovered an occasional practice by AA, that was not challenged in the past.

BTW- I don't know what you do for a living, but sense you would make an awesome victim advocate and/or a attorney.

MSPeconomist Mar 31, 2019 1:35 pm

What I suspect we've uncovered is a place where AA meant to say 30 minutes in the CoC/website and to have a different message on the boarding pass for international flights.

dflanagin Mar 31, 2019 1:42 pm


Originally Posted by GunsOfNavarone (Post 30949793)
Thanks for sharing the story and being an awesome advocate for your friend!

After reading the northernquota story- I am wondering if you have uncovered an occasional practice by AA, that was not challenged in the past.

BTW- I don't know what you do for a living, but sense you would make an awesome victim advocate and/or a attorney.

I am in my last year of journalism school, and I have focused on aviation for most of my school work.
Also, I have grown up around airlines (mom is a retired FA), so naturally I have accumulated a bunch of aviation knowledge throughout my life. Moved to the UK a few years ago, found out about EC261, and have since gone 4 for 4 in successful claims for my friends (never myself, though!). I couldn't WAIT to start when Matt called me from the airport and told me what happened.

And yes, this is definitely a rule that has gone unchallenged and that is probably why AA is stonewalling...they're most likely thinking "...., a potential mountain of lawsuits incoming." Then again, it doesn't seem like the execs do much thinking at all.

dflanagin Mar 31, 2019 1:46 pm


Originally Posted by MSPeconomist (Post 30949802)
What I suspect we've uncovered is a place where AA meant to say 30 minutes in the CoC/website and to have a different message on the boarding pass for international flights.

I think we uncovered deceptive terms (violation of Article 15), and probably additional actual criminal laws they have violated, considering the amount of illegally obtained rebooking fees they have probably generated over the years because of it

dflanagin Mar 31, 2019 1:54 pm

Also, in the UK if you search "American Airlines Manchester" on google, you'll get...
https://cimg6.ibsrv.net/gimg/www.fly...bcd8c46e2d.jpg


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