NEED ADVICE: Cancelled flight and additional expenses
#61
Join Date: Sep 2005
Location: MHK
Programs: AA Exec Plat - some level of status in IHG, Marriot & HIlton
Posts: 1,516
Nothing. You did everything right under the circumstances. You could only get 4 seats long haul by booking a separate connecting flight. Pretty much everyone here would do the same. You left a very acceptable 18 hour buffer between the flights on separate bookings. That is beyond what many (most?) of us here would have done. And overnight would ordinarily be more than sufficient, let alone 18 hours. Sometimes sh!t happens, and it did for you this time. In spades.
#62
Original Poster
Join Date: Jul 2007
Posts: 477
2. I don't think that the reason for the cancellation mattered in the end. AA's obligation was never to do anything other than to get you to IAD. AA might have provided some small number of miles as a customer service gesture, but it was never going to deliver your bags other than back to your house once you cancelled and it was never going to cover consequential expenses. The reason might have mattered if you had simply been rebooked on AA the next day and needed a hotel and a meal or two, but that was not the issue you faced.
Take a careful look at your travel insurance. Most policies won't help here because of the separate tickets and thus no missconect. But, some do. Some will provide a flat dollar sum per passenger without specifics and that may be your best route.
#63
A FlyerTalk Posting Legend
Join Date: Jan 2002
Posts: 44,605
So if instead of an intl flight out of IAD I was supposed to attend a Superbowl game next day at 6PM in DC and there was no way AA could get me to DC in time and I decided to return home because it would make no sense flying to DC after the Superbowl is over. Are you suggesting AA would have no liability because I could not see the Superbowl in person and lost out on a $1000 ticket. (assuming I was not able to resell the ticket). Alternatively, I bought a ticket on UA for $1000 got to DC on time to enjoy the Superbowl. In both cases AA's only liability would be just refunding the original ticket price and nothing else?
#64
Original Poster
Join Date: Jul 2007
Posts: 477
Wow. And when they deliberately overbook flights and then ask for volunteers at gate who can take a 2 hour later flight for which they are willing to pay out $400. The volunteers in all likelyhood did not mind at all reaching 2 hours late got compensated $400. Involuntary removal is much worse after David Dao incident.
#65
A FlyerTalk Posting Legend
Join Date: Jan 2002
Posts: 44,605
Wow. And when they deliberately overbook flights and then ask for volunteers at gate who can take a 2 hour later flight for which they are willing to pay out $400. The volunteers in all likelyhood did not mind at all reaching 2 hours late got compensated $400. Involuntary removal is much worse after David Dao incident.
#66
Join Date: Feb 2003
Location: Washington, DC
Programs: AA Executive Platinum/Million Miler, Marriott Titanium Elite-Lifetime, Hilton Gold
Posts: 3,212
#67
Original Poster
Join Date: Jul 2007
Posts: 477
In other words we should lobby congress for more regulation on airlines or else they would not do anything for the customer. Also, why do they pay $400+ for voluntary deferral is that also governed by law or because they fear that involuntary denied boarding would be more costly because of regulation.
#68
Join Date: Feb 2003
Location: Washington, DC
Programs: AA Executive Platinum/Million Miler, Marriott Titanium Elite-Lifetime, Hilton Gold
Posts: 3,212
Almost every contract typically has some sort of limit of liability. It's not reasonable for an airline to be liable for every downstream impact of a flight delay or cancellation. There has to be a limit. If not, everyone would be filing claims for every little thing that happened, big and small, due to a delay or cancellation, which could easily bankrupt the airline since it would otherwise become uninsurable for liability claims. Hence, the regulations have what I believe are reasonable guidelines clearly defining the liability in such situations.
I'm sorry you feel we're not supporting you. Many here typically do not take AA's side. However, I really think in this case your expectations are not in line with reality. AA (or BA) owe you a refund of the tickets to whatever form of payment was used. And, AA was obligated to get your bags back to you at DFW once you cancelled, which I believe happened unless I misread a post. The fact that in and of itself took a long time also seems reasonable given the operational mess than ensued after the weather and ATC issues. That's really it. Liability for the risk you took by booking separate tickets, choosing alternative means of travel, not being able to wait for your bags in DFW due to your alternate travel, and so forth is not reasonable.
I'm sorry you feel we're not supporting you. Many here typically do not take AA's side. However, I really think in this case your expectations are not in line with reality. AA (or BA) owe you a refund of the tickets to whatever form of payment was used. And, AA was obligated to get your bags back to you at DFW once you cancelled, which I believe happened unless I misread a post. The fact that in and of itself took a long time also seems reasonable given the operational mess than ensued after the weather and ATC issues. That's really it. Liability for the risk you took by booking separate tickets, choosing alternative means of travel, not being able to wait for your bags in DFW due to your alternate travel, and so forth is not reasonable.
Last edited by USFlyerUS; Jul 11, 2019 at 2:36 pm
#69
Original Poster
Join Date: Jul 2007
Posts: 477
Almost every contract typically has some sort of limit of liability. It's not reasonable for an airline to be liable for every downstream impact of a flight delay or cancellation. There has to be a limit. If not, everyone would be filing claims for every little thing that happened, big and small, due to a delay or cancellation, which could easily bankrupt the airline since it would otherwise become uninsurable for liability claims. Hence, the regulations have what I believe are reasonable guidelines clearly defining the liability in such situations.
I'm sorry you feel we're not supporting you. Many here typically do not take AA's side. However, I really think in this case your expectations are not in line with reality. AA (or BA) owe you a refund of the tickets to whatever form of payment was used. And, AA was obligated to get your bags back to you at DFW once you cancelled, which I believe happened unless I misread a post. The fact that in and of itself took a long time also seems reasonable given the operational mess than ensued after the weather and ATC issues. That's really it. Liability for the risk you took by booking separate tickets, choosing alternative means of travel, not being able to wait for your bags in DFW due to your alternate travel, and so forth is not reasonable.
I'm sorry you feel we're not supporting you. Many here typically do not take AA's side. However, I really think in this case your expectations are not in line with reality. AA (or BA) owe you a refund of the tickets to whatever form of payment was used. And, AA was obligated to get your bags back to you at DFW once you cancelled, which I believe happened unless I misread a post. The fact that in and of itself took a long time also seems reasonable given the operational mess than ensued after the weather and ATC issues. That's really it. Liability for the risk you took by booking separate tickets, choosing alternative means of travel, not being able to wait for your bags in DFW due to your alternate travel, and so forth is not reasonable.
Also, this is just a friendly discussion to hear other viewpoints and learn from it.
I have already filed my Complaint with AA Customer relations and waiting to hear back. Nobody here will be able to help influence the outcome. of my dialogue with them. Just have to wait and see what happens.
#70
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
There is no air carrier which covers consequential damages and there is also no regulatory system which provides for anything other than fixed amounts for certain delays and various forms of denied boarding. That is true no matter the reason for the delay. Certainly not limited to AA.
You used the example of the $1,000 Super Bowl ticket, but I would then ask about a $2,000 ticket, a $10,000 cruise, or a $100,000 sales commission. Given that the cost of compensation is wrapped into expenses, this all plays into ticket cost.
The chances of reinstituting broad-based regulation of this type in the US are somewhat less than zero. The ADA got rid of this back in 1984 and air tickets are now generally cheaper (adjusted for COL) than they were at the time. Be careful what you wish for.
Bottom line here is that it's a risk you bear.
You used the example of the $1,000 Super Bowl ticket, but I would then ask about a $2,000 ticket, a $10,000 cruise, or a $100,000 sales commission. Given that the cost of compensation is wrapped into expenses, this all plays into ticket cost.
The chances of reinstituting broad-based regulation of this type in the US are somewhat less than zero. The ADA got rid of this back in 1984 and air tickets are now generally cheaper (adjusted for COL) than they were at the time. Be careful what you wish for.
Bottom line here is that it's a risk you bear.
#71
Original Poster
Join Date: Jul 2007
Posts: 477
There is no air carrier which covers consequential damages and there is also no regulatory system which provides for anything other than fixed amounts for certain delays and various forms of denied boarding. That is true no matter the reason for the delay. Certainly not limited to AA.
You used the example of the $1,000 Super Bowl ticket, but I would then ask about a $2,000 ticket, a $10,000 cruise, or a $100,000 sales commission. Given that the cost of compensation is wrapped into expenses, this all plays into ticket cost.
The chances of reinstituting broad-based regulation of this type in the US are somewhat less than zero. The ADA got rid of this back in 1984 and air tickets are now generally cheaper (adjusted for COL) than they were at the time. Be careful what you wish for.
Bottom line here is that it's a risk you bear.
You used the example of the $1,000 Super Bowl ticket, but I would then ask about a $2,000 ticket, a $10,000 cruise, or a $100,000 sales commission. Given that the cost of compensation is wrapped into expenses, this all plays into ticket cost.
The chances of reinstituting broad-based regulation of this type in the US are somewhat less than zero. The ADA got rid of this back in 1984 and air tickets are now generally cheaper (adjusted for COL) than they were at the time. Be careful what you wish for.
Bottom line here is that it's a risk you bear.
#72
Join Date: Nov 2014
Posts: 255
In an attempt to move this thread along, and hopefully to a conclusion/resolution, OP, have you contacted AA with your complaint/concerns/requests? Everyone here is interested in what they have to say and how they would be willing to try to address your concerns.
What did they say?
What did they say?
#73
FlyerTalk Evangelist
Join Date: Apr 2001
Location: MEL CHC
Posts: 21,029
.... They can establish fixed compensation for diff tiers of delays or cancellations. e.g. last year I was flying Qatar and my bag did not reach the final destination but was delivered the following day. They asked me to keep receipts for purchases I make till the bags are delivered but also stated that the max they would reimburse is $150. That sounded fair and reasonable. They want to make sure that people don't abuse the system by buying designer suit.
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--> https://en.wikipedia.org/wiki/Montreal_Convention
--> https://en.wikipedia.org/wiki/Warsaw_Convention
Lost baggage
The Montreal Convention changes and generally increases the maximum liability of airlines for lost baggage to a fixed amount 1,131 SDR per passenger (the amount in the Warsaw Convention is based on weight of the baggage). It requires airlines to fully compensate travelers the cost of replacement items purchased until the baggage is delivered, to a maximum of 1,131 SDR. At 21 days any delayed baggage is considered lost, until the airline finds and delivers it
The Montreal Convention changes and generally increases the maximum liability of airlines for lost baggage to a fixed amount 1,131 SDR per passenger (the amount in the Warsaw Convention is based on weight of the baggage). It requires airlines to fully compensate travelers the cost of replacement items purchased until the baggage is delivered, to a maximum of 1,131 SDR. At 21 days any delayed baggage is considered lost, until the airline finds and delivers it
#74
Original Poster
Join Date: Jul 2007
Posts: 477
In an attempt to move this thread along, and hopefully to a conclusion/resolution, OP, have you contacted AA with your complaint/concerns/requests? Everyone here is interested in what they have to say and how they would be willing to try to address your concerns.
What did they say?
What did they say?
#75
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
That was the Montreal / Warsaw Conventions in play
--> https://en.wikipedia.org/wiki/Montreal_Convention
--> https://en.wikipedia.org/wiki/Warsaw_Convention
The chances of USA adopting a EC261 - 2004 type law are low. Anyway as the OP's problem was weather / ATC related would not apply
--> https://en.wikipedia.org/wiki/Montreal_Convention
--> https://en.wikipedia.org/wiki/Warsaw_Convention
The chances of USA adopting a EC261 - 2004 type law are low. Anyway as the OP's problem was weather / ATC related would not apply
Rather than having the government playing Nanny, the US (as well as almost the rest of the world excepting Turkey and Israel) did not follow EC 261/2004 and a market for travel insurance thrives.