Wrongfully Denied Boarding
May 19, 2021, 2:42 pm
#1
Original Poster
Join Date: May 2021
Posts: 5
Wrongfully Denied Boarding
I need help with an unusual situation. We were enroute from FAT to Aruba with a stop in DFW. We were allowed to board in Fresno and held boarding passes all the way to Aruba. When we arrived in DFW, the ticket agent denied us boarding based on not having the proper documents. We appealed to the superisor who agreed with the ticket agent. We were left stranded in DFW. We arranged our own hotel and transporttion home using points for everything. We have since checked with Aruba authorities and they confirmed WE DID HAVE PROPER DOCUMMENTS. We have reached out to AA customer service who has apologized in the email for their "error." They are offering us a meager amount for reibursement of our costs. They are picking and choosing the amounts and the value offering us nothing for the return home or any future travel. The question is: Do we have any rights since they agree it was there mistake? Should we consider small claims in California or is that just more of a waste of time and resources especially since we paid for our expenses home on points? Any other tips or suggestions?
May 19, 2021, 4:08 pm
#3
Join Date: Aug 2012
Programs: ba silver
Posts: 727
Unfortunately in North America your not entitled to denied boarding compensation unless the flight was oversold. You might be able to recover damages by suing them in small claims court. The fact that they admitted their mistake plays on your side. This is why we need EU style laws in North America to punish airlines who engage in illegal behavior. You had a contract and they chose not to honor it. I would ask for any forfeited prepaid expenses as well as an amount to the price of buying points on American Airlines. Good luck!
May 19, 2021, 4:13 pm
#4
FlyerTalk Evangelist
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File a chargeback on your credit card also. Service that was paid for was not rendered and it was not due to a fault of yours or violation of the CoC.
May 19, 2021, 5:17 pm
#5
Join Date: May 2008
Location: PHL (kinda, no airport is really close)
Programs: AA Exp, but not sure for how long. Enterprise Platinum woo-hoo!
Posts: 4,550
A fairly important point is understanding exactly why AA denied you boarding in DFW. This is not a negligence case, in which case you would have to show that AA failed to exercise a due standard of care, but a breach of contract case.
Look up the terms of the contract of carriage with AA. It may have an optional arbitration provision. While many people say that litigation is more consumer-friendly than arbitration, that's often not the case. Arbitration can be fairly expensive for the company and cost the consumer little or nothing. I have had three times in the past seven years when I threatened arbitration against a large corporation, and each time I got a mid 4-figure settlement without having to actually go to arbitration. (In one case I had to pay $200 to file it.) OTOH, I don't know how it works in California, but small claims court often has a "home field advantage." You, and your sisters and your cousins who you reckon by the dozens and your aunts (theatrical reference, HMS Pinafore) may vote for the judge who is hearing the case. AA doesn't.
Irrelevant sidebar, one of my cases was against a high-profile company who was in the news about every other week for committing some breach or other of public trust. I had a good time while I was negotiating with the company's attorney adding point after point to my Powerpoint presentation for the arbitration on why you can't trust a word the company says. Lots of stuff matters in litigation that doesn't matter in most cases. But if you do go to small claims court, expect to be allowed to present about 5% of what you were planning to present. Because the judge isn't going to look at the 27 eight-by-ten color glossy photographs with circles and arrows and a paragraph on each one explaining what each one is to be used in evidence against them.
May 19, 2021, 5:24 pm
#6
Join Date: Sep 2002
Location: Thousand Oaks, Ca., USA
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Posts: 8,308
May 19, 2021, 5:43 pm
#7
Join Date: Aug 2002
Location: WAS/TYO
Programs: UA 1K, AA EXP (3MM), DL PM, BONVOY TITANIUM, HYATT GLOBALIST, HILTON DIAMOND, IHG DIAMOND AMB, et al
Posts: 5,912
Just curious, which specific document(s) did the DFW GA say were improper or missing? Might be helpful for future AUA travelers to know.
-FlyerBeek
-FlyerBeek
May 19, 2021, 6:26 pm
#8
Original Poster
Join Date: May 2021
Posts: 5
Aruba requires a negative Covid test upon arrival within 72 hours of final depature. You are able to test for a nominal fee at AUA upon arrival if you do not test prior to arrival or if your test does not come back in time. You will then wait at in quarantine at your hotel until a negative test comes back. It's usually a quick turn and is avaible in 4-6 hours. Aruba also requires that you purchase insurance through them in the event you are quarantined in Aruba. With the Aruban insurance policy you receive a "qualified to board" email to prove you are good to travel.
We had one of our covid tests arrive to our email late and the gate agent denied us boarding due to improper documentation even though we had our qualified to board statement from Aruba. The gate agent would not take into account our documentation. She would only go by the verbage on her computer.
On a side note: The negative test did arrive that morning but too late for us to fly.
We had one of our covid tests arrive to our email late and the gate agent denied us boarding due to improper documentation even though we had our qualified to board statement from Aruba. The gate agent would not take into account our documentation. She would only go by the verbage on her computer.
On a side note: The negative test did arrive that morning but too late for us to fly.
May 19, 2021, 7:06 pm
#9
Join Date: Jan 2008
Posts: 464
Timatic is rather clear. Yet another rubbish agent along with a rubbish supervisor who did nothing but back up the agent without any verification on their own part.
at most 72 hours before departure. A travel Authorization must be presented at time of check-in.
Passengers are subject to a PCR test upon arrival at their own expense and quarantine for 1 day.
This does not apply to passengers younger than 15 years.
This does not apply to passengers departing on the same calendar day.
This does not apply to passengers with:
- a negative COVID-19 molecular test. The test must be based on a nasal swab and must have been taken at most 72 hours before departure. Tests accepted are: HDA, NAAT, NEAR, RT-LAMP, RT-PCR and TMA; or
- a positive COVID-19 molecular test result issued at least 2 weeks before arrival. The passenger must have tested positive at least 2 weeks and at most 12 weeks before departure. Tests accepted are: HDA, NAAT, NEAR, RT-LAMP, RT-PCR and TMA.
Tests must be presented upon arrival or uploaded at www.edcardaruba.awat most 12 hours before departure.
Passengers must have health insurance purchased before departure and available at www.edcardaruba.aw.
This does not apply to passengers departing on the same calendar day.
This does not apply to Dutch military personnel, their spouse and children.
Passengers are subject to medical screening.
Warning:
A completed Health Assessment form must be submitted on www.edcardaruba.awat most 72 hours before departure. A travel Authorization must be presented at time of check-in.Passengers are subject to a PCR test upon arrival at their own expense and quarantine for 1 day.
This does not apply to passengers younger than 15 years.
This does not apply to passengers departing on the same calendar day.
This does not apply to passengers with:
- a negative COVID-19 molecular test. The test must be based on a nasal swab and must have been taken at most 72 hours before departure. Tests accepted are: HDA, NAAT, NEAR, RT-LAMP, RT-PCR and TMA; or
- a positive COVID-19 molecular test result issued at least 2 weeks before arrival. The passenger must have tested positive at least 2 weeks and at most 12 weeks before departure. Tests accepted are: HDA, NAAT, NEAR, RT-LAMP, RT-PCR and TMA.
Tests must be presented upon arrival or uploaded at www.edcardaruba.aw
at most 12 hours before departure.Passengers must have health insurance purchased before departure and available at www.edcardaruba.aw
.This does not apply to passengers departing on the same calendar day.
This does not apply to Dutch military personnel, their spouse and children.
Passengers are subject to medical screening.
May 19, 2021, 7:16 pm
#10
FlyerTalk Evangelist
Join Date: May 2000
Location: أمريكا
Posts: 26,761
I looked at Timatic (the system that tells airline agents what documentation you need) and it indeed does not say that you're required to have a negative test, just that you're subject to a test and quarantine on arrival if you do not have a negative result. So the agent was clearly wrong about "the verbage on her computer."
You say that they're offering you "nothing for the return home." Did you find a way to get to Aruba, or just return home immediately after you were denied boarding?
You say that they're offering you "nothing for the return home." Did you find a way to get to Aruba, or just return home immediately after you were denied boarding?
May 19, 2021, 7:21 pm
#11
Join Date: Aug 2002
Location: WAS/TYO
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Posts: 5,912
Sounds to me like trip-in-vain, especially since AA has already admitted fault per the OP. To begin, I would be asking for a full refund of the ticket. OP mentioned that they arranged for their own transportation home using points. If that was using AA miles, I would also ask for a refund of those miles as well.
-FlyerBeek
-FlyerBeek
May 19, 2021, 7:49 pm
#12
Join Date: Aug 2012
Programs: ba silver
Posts: 727
Laws need to also be changed so that IDB compensation applies when passengers are denied boarding through no fault of their own, as is the case in the EU. I don't know why the DOT requires airlines to pay compensation for some types of IDB and not others. Airlines should hide behind a technicality that the flight was not oversold to avoid compensation.
May 19, 2021, 8:25 pm
#13
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In principal, you can try to request delay compensation under the Montreal Convention, given that it is an international booking. I assume that you did not end up returning Fresno but Aruba.
Whether you seek judicial redress is entirely up to you. However, keep in mind that:
1. Small Claims is still a court of law. You will need to explain why you should prevail. This is not something everyone can do.
2. You have to prove your claim. Using points/miles is no issue. How would you prove an equivalent fair value is another story.
3. The majority of Superior Courts of California are experiencing major backlogs, not including any potential unlawful detainer cases prevented by eviction moratorium. It can take as long as a year for your trial.
Send a certified mail to AA HQ demanding compensation citing Montreal and see how they respond.
1. Small Claims is still a court of law. You will need to explain why you should prevail. This is not something everyone can do.
2. You have to prove your claim. Using points/miles is no issue. How would you prove an equivalent fair value is another story.
3. The majority of Superior Courts of California are experiencing major backlogs, not including any potential unlawful detainer cases prevented by eviction moratorium. It can take as long as a year for your trial.
Send a certified mail to AA HQ demanding compensation citing Montreal and see how they respond.
May 19, 2021, 9:20 pm
#15
Join Date: Feb 2005
Location: PHL
Programs: AA EXP MM, HHonors Lifetime Diamond, Marriott Lifetime Ti, UA Silver
Posts: 5,035
You were denied boarding incorrectly.
Absolutely correct.
As a relevant example, my wife and I traveled PHL-MIA-AUA in December. The rules for entry and COVID testing were essentially the same: Test prior to travel and present the negative result on arrival, OR, test on arrival and quarantine at your place of lodging until test results arrive. There was not (and currently is not) a requirement to have ANY testing done prior to departure. However, we were required (and pax are still required) to complete the Aruba Electronic Embarkation/Debarkation process prior to departure, and provide that document (the green check mark document). However, the ED document process did not, and still does not require any test results to be provided.
For our trip we both tested about 70 hours prior to the departure time of the MIA-AUA flight. We both then applied for and got the Aruba Electronic Embarkation/Debarkation doc with the green check mark. The ED document with green check mark was ready prior to our test results coming in. The process for getting this document clearly notes that you can test on arrival in Aruba for a fee of $75 per person and quarantine until the results arrive.
My test results came back in about 48 hours, but my wife's results did not arrive prior to the MIA-AUA flight. For the MIA-AUA flight the only thing the GA's asked to see was the green check mark on the ED document. No test results were ever asked for until we arrived at AUA. Fortunately for us my wife's results arrived sometime while we were in the air between MIA and AUA. She presented the test results electronically on her phone at AUA, so no testing or quarantine at AUA was required.
I looked at Timatic (the system that tells airline agents what documentation you need) and it indeed does not say that you're required to have a negative test, just that you're subject to a test and quarantine on arrival if you do not have a negative result. So the agent was clearly wrong about "the verbage on her computer."
As a relevant example, my wife and I traveled PHL-MIA-AUA in December. The rules for entry and COVID testing were essentially the same: Test prior to travel and present the negative result on arrival, OR, test on arrival and quarantine at your place of lodging until test results arrive. There was not (and currently is not) a requirement to have ANY testing done prior to departure. However, we were required (and pax are still required) to complete the Aruba Electronic Embarkation/Debarkation process prior to departure, and provide that document (the green check mark document). However, the ED document process did not, and still does not require any test results to be provided.
For our trip we both tested about 70 hours prior to the departure time of the MIA-AUA flight. We both then applied for and got the Aruba Electronic Embarkation/Debarkation doc with the green check mark. The ED document with green check mark was ready prior to our test results coming in. The process for getting this document clearly notes that you can test on arrival in Aruba for a fee of $75 per person and quarantine until the results arrive.
My test results came back in about 48 hours, but my wife's results did not arrive prior to the MIA-AUA flight. For the MIA-AUA flight the only thing the GA's asked to see was the green check mark on the ED document. No test results were ever asked for until we arrived at AUA. Fortunately for us my wife's results arrived sometime while we were in the air between MIA and AUA. She presented the test results electronically on her phone at AUA, so no testing or quarantine at AUA was required.
Last edited by PHLGovFlyer; May 19, 2021 at 9:34 pm