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Old Mar 31, 2019, 2:35 pm
  #121  
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Originally Posted by dflanagin
Also, in the UK if you search "American Airlines Manchester" on google, you'll get...
given how straightforward pursuing a claim is, I would be surprised if AA didn't capitulate once the claim is lodged

I doubt that it is stonewalling based on thoughts of other suits; if that was its concern, I would have expected it to make a payment without accepting liability

Last edited by Dave Noble; Mar 31, 2019 at 2:40 pm
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Old Mar 31, 2019, 2:37 pm
  #122  
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...del duplicate
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Old Mar 31, 2019, 3:09 pm
  #123  
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Originally Posted by Dave Noble
given how straightforward pursuing a claim is, I would be surprised if AA didn't capitulate once the claim is lodged

I doubt that it is stonewalling based on thoughts of other suits; if that was its concern, I would have expected it to make a payment without accepting liability
you mean via court action? Id like to avoid using AviationADR or similar because id like to be involved directly with the settlement for personal experience...but they still have 12 days on our intent of action letter.
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Old Mar 31, 2019, 3:15 pm
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You should be able to pursue the legal recovery methods on your own and gain the experience, but it may be a damp squib as AA don't seem to have much of a case and once their lawyers look at it they will probably capitulate.

I will be interested to see what the CoC and my boarding pass say when I use this route later in the year. Since they usually don't even tell you the gate until 45 minutes or so to departure it would be easy to fall foul of this "rule" but I try not to leave it that late.
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Old Mar 31, 2019, 3:21 pm
  #125  
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Originally Posted by MADPhil
You should be able to pursue the legal recovery methods on your own and gain the experience, but it may be a damp squib as AA don't seem to have much of a case and once their lawyers look at it they will probably capitulate.

I will be interested to see what the CoC and my boarding pass say when I use this route later in the year. Since they usually don't even tell you the gate until 45 minutes or so to departure it would be easy to fall foul of this "rule" but I try not to leave it that late.
Where are those lawyers now? The longer they wait, the worse this is going to get for them. I am waiting on the MEN, the Independent or the Guardian to approve my story and once that happens they are going to be REALLY upset with me.
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Old Mar 31, 2019, 3:23 pm
  #126  
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Originally Posted by dflanagin
Where are those lawyers now? The longer they wait, the worse this is going to get for them. I am waiting on the MEN, the Independent or the Guardian to approve my story and once that happens they are going to be REALLY upset with me.
They don't have any incentive to move swiftly on this.
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Old Mar 31, 2019, 3:24 pm
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Originally Posted by dflanagin
Where are those lawyers now? The longer they wait, the worse this is going to get for them. I am waiting on the MEN, the Independent or the Guardian to approve my story and once that happens they are going to be REALLY upset with me.
I suspect that all airlines find that they can wear most people down using irrelevant replies from low paid staff so they don't involve the expensive lawyers until late in the process. BA have a reputation for not settling until virtually at the door to the court.
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Old Mar 31, 2019, 3:26 pm
  #128  
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Originally Posted by moondog
They don't have any incentive to move swiftly on this.
Thats my take. jokes on for them though, because I am thoroughly enjoying myself
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Old Mar 31, 2019, 3:34 pm
  #129  
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Originally Posted by dflanagin
Thats my take. jokes on for them though, because I am thoroughly enjoying myself
...and, I'm enjoying this thread immensely. You are taking a stand against "AArrogance", and I applaud you for helping your friend
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Old Mar 31, 2019, 3:41 pm
  #130  
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Originally Posted by dflanagin
Where are those lawyers now? The longer they wait, the worse this is going to get for them...
You may be setting yourself up for a bit of a disappointment.
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Old Mar 31, 2019, 3:47 pm
  #131  
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Originally Posted by JonNYC
You may be setting yourself up for a bit of a disappointment.
how so? I mean worse just as far as publicity on the case and folks knowing their rights, as far as compensation we just want whats due
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Old Mar 31, 2019, 3:52 pm
  #132  
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Originally Posted by JonNYC
You may be setting yourself up for a bit of a disappointment.
I am guessing that the eventual outcome will be to his liking because the language on the BP is very clear. While I don't have expertise on EU 261, so I can't call it a slam dunk, I also give him good odds on this front.

If AA wants to be able to depart 22 minutes ahead of schedule, they should change the text on their BPs, and also add some key COC items (like this) to their confirmation emails.
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Old Mar 31, 2019, 3:54 pm
  #133  
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Originally Posted by moondog
I am guessing that the eventual outcome will be to his liking because the language on the BP is very clear. While I don't have expertise on EU 261, so I can't call it a slam dunk, I also give him good odds on this front.

If AA wants to be able to depart 22 minutes ahead of schedule, they should change the text on their BPs, and also add some key COC items (like this) to their confirmation emails.
Agreed.
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Old Mar 31, 2019, 3:55 pm
  #134  
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Originally Posted by ijgordon
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! )
The EU261 regulation is part of UK law via secondary legislation ( SI 2005/975 to be precise ) and will remain UK law even if / when the UK leaves the EU.

Therefore AA will still be subject to it's provisions on all its flights leaving the UK until such time as the Statutory Instrument is actively repealed or replaced by Parliament.
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Old Mar 31, 2019, 6:04 pm
  #135  
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Originally Posted by iadisgreat
I would agree, the actual passenger can make a claim against AA saying they were there at >=T-30. AA would then have the burden of proof to show that they offloaded his seat at <T-30 (which is of course logged to the second) and not earlier. Should be very easy to prove either way - though I imagine there's a very low probability that AA would actually let it get that far.

​​​
It is not a matter of him being there 30 minutes prior. He simply had to be there 10 minutes early as AA own C of C's indicate
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