Involuntary bump on CX - thoughts on compensation
 

Wondering what people think about compensation for an involuntary bump.

I'm comsidering about complaining to CX for the bump, given that I missed a good chunk of my best friend's wedding..

Here are the details:

JFK to Vancouver; I arrived on time to JFK, but they were overbooked.

They offered $400 cash (voluntary) and did not get enough takers.

I was involuntarily bumped with quite a few other passengers and forced to take the $400. They also gave us a one-leg upgrade coupon, hotel (i didn't need, I live in NYC) cab fare, and $100 in on-board credit. I have no real need for the on-board credit. I was put on the next flight (24 hours later)

In the meantime, I missed my best friend's rehearsal dinner and most of the the quality time that I could spend with mutual friends from around the world. My girlfriend was to meet me in Vancouver and we missed out on a day, while burning up a vacation day each. I was in Vancouver 3 days instead of 4.

I would have gladly traded twice the compensation to have gone on the original flight. I paid regular (non-changeable) fare (Y?), and was "confirmed."

Am I justified in asking for more?

The compensation was quite fair. There are normally enough VDB. In fact there are often someone who likes VDB. You were unlucky. You can ask for more, but I am not sure what additional CX will offer besides, perhaps, more apologies.

There are various alternative routings that would have got you to Vancouver before noon the next day (the AC direct flight arriving at 10:20am, or UA via IAD to get you in at 11:05am, or CO from EWR arrinving at 10:42am, or UA via ORD to get you in at 10:26am, etc, etc). Why didn't you try to get CX to put you on one of those, or even just spend your $400 on a ticket?

CX tried to get us on all of these flights (well actually just the AC and CO flights), but they were sold out as it was the July 1 Canada Day weekend/July 4th. It didn't occur to me to check UA...

Why didn't CX just up the compensation offer until there were enough accepters?

I imagine that there is a principle of first in best dressed, so those involuntarily bumped checked in later than those holding a boarding pass.

Since you were flying from the US, why not have a look at requirements under US law?

http://airconsumer.ost.dot.gov/publi...tm#overbooking

Clearly, $400 for loss of a full day is inadequate, but the Dept of Transportation is taking comments re: proposals to increase mandatory denied boarding compensation.

The current DOT requirements max out at $400. :( There is no ground to ask for more based on DOT.:(

Yes, that's exactly what happened. I got there two hours early for this flight, which really should be plenty (customs, of course is on arrival, not at JFK).

Correct - the legally mandated amount is $400.. although I think that's unfair. I'm not sure why they didn't keep upping the amount until there were enough accepters

Could also be that since you were getting off in Canada, it was more important to get the through passengers boarded as it would have been harder to get them on a canada-HKG flight?

I am not a lawyer, but I once helped research the issue for a friend that took an airline to small claims court for a very similar issue.

Among the case history we found was a statement to the effect (I have this saved and do not recall the source):

Airlines often overbook and on occasion bump passengers with confirmed reservations on the theory that it is more efficient to oversell a flight than to fly an aircraft half-empty.

While they are allowed to deliberately breach the contract of carriage to maximize their profits, and compensation policies vary, courts have ruled that passengers may sue for compensatory damages alleging a breach of the contract of carriage. (Semrod v. Compania Mexicana De Aviacion). While bumped passengers may not sue for fraud and punitive damages, neither of which was claimed in that action, courts have ruled they may sue for actual damages and even the intangible pleasure of loss vacation time.

I recall that on the Semrod Case above the court did put a price on the intangible pleasures of a lost vacation day. The case was tried at the United States District Court, District of New Jersey.

My friend coincidentally also sued Mexicana after he refused their $400 in compensantion. He missed a non refundable hotel prepayment, he missed a non refundable ongoing flight (not booked on the same ticket) he paid for an alternate flight (at a much higher fare) and some related expenses.

He won the case. Mexicana appealed (even though it was a couple of thousand). Mexicana lost the appeal - my friend recovered all damages.

In OP's case, that is more an intangible loss. I think OP also accepted the compensation ($400 + $100 flight credit).

and it doesn't have to be cash but in travel vouchers. I just presume CX isn't particularly concerned about U.S. IDB stats which U.S. airlines are very concerned about (and hence the generous VDB compensation).

Including court costs and legal fees?

Yes, although the manager on duty kept saying to us that this specifically does not remove our right to file formal complaints (right to sue?). He showed us forms from VDBs who waived rights, but he told this to a small crowd of involuntary bumps