Compensation question
#1
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Compensation question
About 9 months ago, I booked a flight for my family of 4 going from YEG to PVR for December 27. Some months later I got email saying there was an itinerary change. Flight number changed and flight time changed by 10 minutes. For whatever reason, Delta had rebooked our ticket on Alaska airlines.
Fast forward to December 27th, we all wake up at 3 am and make it to airport 2+ hours before flight time. When we get to Delta counter, the lady tells us that she can't find our reservations. When I show her the printout from Delta website, she indicates its operated by Alaska. Anyways, we manage to get Alaska boarding passes and go through security never thinking anything was amiss. Then when it time to board, we are told that flight is overbooked and they have to find us another flight. Here are the issues:
- Alaska air never told us flight was overbooked ( rumour has it there was an equipment change due to mechanical issue and this resulted in overbooking by 6)
- made NO boarding announcements (people just lined up)
- Never asked for volunteers
- they rebooked us with having to overnight in Calgary and then arrive in PVR next day.
- we lost a day of vacation and prepaid hotel room.
What should we expect for compensation?
(Thanks in advance)
Fast forward to December 27th, we all wake up at 3 am and make it to airport 2+ hours before flight time. When we get to Delta counter, the lady tells us that she can't find our reservations. When I show her the printout from Delta website, she indicates its operated by Alaska. Anyways, we manage to get Alaska boarding passes and go through security never thinking anything was amiss. Then when it time to board, we are told that flight is overbooked and they have to find us another flight. Here are the issues:
- Alaska air never told us flight was overbooked ( rumour has it there was an equipment change due to mechanical issue and this resulted in overbooking by 6)
- made NO boarding announcements (people just lined up)
- Never asked for volunteers
- they rebooked us with having to overnight in Calgary and then arrive in PVR next day.
- we lost a day of vacation and prepaid hotel room.
What should we expect for compensation?
(Thanks in advance)
#2
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It sounds like your issue is with AS rather than DL, although Canada might have different consumer protection rules than the USA.
I'm assuming DOT rules apply and this was an IDB where the airline didn't give you a statement of your rights and didn't ask for volunteers. Moreover, it's not clear whether AS followed their own priority rules (that must be stated in their CoC) to select the passengers to be given IDBs. It sounds like you weren't the last to check in and you had seat assignments if you were given boarding passes (is this right or did you have seat request cards or whatever term AS uses for the thing to get you through security when the seat will be assigned at the gate), so perhaps you were picked because you had award tickets or were viewed as DL passengers (since DL miles were used and DL had transferred the ticket and reservation over to AS). These might not be the criteria specified is AS's own rules in its CoC.
I'm assuming DOT rules apply and this was an IDB where the airline didn't give you a statement of your rights and didn't ask for volunteers. Moreover, it's not clear whether AS followed their own priority rules (that must be stated in their CoC) to select the passengers to be given IDBs. It sounds like you weren't the last to check in and you had seat assignments if you were given boarding passes (is this right or did you have seat request cards or whatever term AS uses for the thing to get you through security when the seat will be assigned at the gate), so perhaps you were picked because you had award tickets or were viewed as DL passengers (since DL miles were used and DL had transferred the ticket and reservation over to AS). These might not be the criteria specified is AS's own rules in its CoC.
#3
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OP - Focusing in on the oversold flight, it is likely that US DOT rules will be more generous here and will apply to AS as a US carrier. The compensation for involuntary denial of boarding due to an oversale is 400% of the cost of the ticket segment, capped at US$1,350. I don't know what the segments cost, but you can calculate that. Hopefully your travel insurance will cover the lost prepaid hotel.
As to the rest, if you knew that you had been rebooked onto AS, you should have gone to AS first. If you were unsure, at least call ahead to ask.
Yes, AS ought to have asked for volunteers and it ought to have off-loaded passengers in a pre-determined order. I am not certain why that was your family. But, that will not affect your compensation.
I would file a request with AS for the IDB compensation, ask to be advised within 7 business days and, if you have not heard, file a US DOT complaint (easily done on the website) on the 8th day.
As to the rest, if you knew that you had been rebooked onto AS, you should have gone to AS first. If you were unsure, at least call ahead to ask.
Yes, AS ought to have asked for volunteers and it ought to have off-loaded passengers in a pre-determined order. I am not certain why that was your family. But, that will not affect your compensation.
I would file a request with AS for the IDB compensation, ask to be advised within 7 business days and, if you have not heard, file a US DOT complaint (easily done on the website) on the 8th day.
#4
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Isn't there some sort of a clause that states that if a plane has to be downsized due to mechanical reasons, no compensation is due, although they usually do give some to smooth over the customers? What am I thinking of?
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Nope. When it comes to IDB, the only exception that I'm aware of, is if they can get you to final destination within X hours of scheduled arrival. Otherwise IDB is an IDB regardless of if it's caused by Wx, or maintenance, or ...
#6
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Compensation for Involuntary Denied Boarding
If you are denied boarding involuntarily, you are entitled to a payment of “denied boarding
compensation” from the airline unless:
(1) you have not fully complied with the airline’s
ticketing, check-in and reconfirmation requirements, or you are not acceptable for
transportation under the airline’s usual rules and practices; or
(2) you are denied boarding
because the flight is canceled; or
(3) you are denied boarding because a smaller capacity
aircraft was substituted for safety or operational reasons; or
(4) on a flight operated with an
aircraft having 60 or fewer seats, you are denied boarding due to safety-related
weight/balance restrictions that limit payload; or
(5) you are offered accommodations in a
section of the aircraft other than specified in your ticket, at no extra charge (a passenger
seated in a section for which a lower fare is charged must be given an appropriate refund); or
(6) the airline is able to place you on another flight or flights that are planned to reach your
next stopover or final destination within one hour of the planned arrival time of your original
flight.
#7
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Just found this:
Compensation for Involuntary Denied Boarding
If you are denied boarding involuntarily, you are entitled to a payment of “denied boarding
compensation” from the airline unless:
(1) you have not fully complied with the airline’s
ticketing, check-in and reconfirmation requirements, or you are not acceptable for
transportation under the airline’s usual rules and practices; or
(2) you are denied boarding
because the flight is canceled; or
(3) you are denied boarding because a smaller capacity
aircraft was substituted for safety or operational reasons; or
(4) on a flight operated with an
aircraft having 60 or fewer seats, you are denied boarding due to safety-related
weight/balance restrictions that limit payload; or
(5) you are offered accommodations in a
section of the aircraft other than specified in your ticket, at no extra charge (a passenger
seated in a section for which a lower fare is charged must be given an appropriate refund); or
(6) the airline is able to place you on another flight or flights that are planned to reach your
next stopover or final destination within one hour of the planned arrival time of your original
flight.
Compensation for Involuntary Denied Boarding
If you are denied boarding involuntarily, you are entitled to a payment of “denied boarding
compensation” from the airline unless:
(1) you have not fully complied with the airline’s
ticketing, check-in and reconfirmation requirements, or you are not acceptable for
transportation under the airline’s usual rules and practices; or
(2) you are denied boarding
because the flight is canceled; or
(3) you are denied boarding because a smaller capacity
aircraft was substituted for safety or operational reasons; or
(4) on a flight operated with an
aircraft having 60 or fewer seats, you are denied boarding due to safety-related
weight/balance restrictions that limit payload; or
(5) you are offered accommodations in a
section of the aircraft other than specified in your ticket, at no extra charge (a passenger
seated in a section for which a lower fare is charged must be given an appropriate refund); or
(6) the airline is able to place you on another flight or flights that are planned to reach your
next stopover or final destination within one hour of the planned arrival time of your original
flight.
#8
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Doesn't every aircraft always have some MX issues such as tilted tray tables or power outlets not working? An airline could always try to claim MX and substitute a smaller aircraft to avoid paying VDB/IDB, including cases where they want to make the substitution because the flight isn't full (on the original size aircraft).
#9
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Doesn't every aircraft always have some MX issues such as tilted tray tables or power outlets not working? An airline could always try to claim MX and substitute a smaller aircraft to avoid paying VDB/IDB, including cases where they want to make the substitution because the flight isn't full (on the original size aircraft).
#10
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They don't even have to do that because they could site "operational reasons" which are entirely in their discretion.
#11
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The rules I cited above are US DOT rules. This flight originated in Canada. Does anyone know if Canadian law is the same as US?!?
Also, this is AS, not DL op'd. Even if they cite this law for not giving compensation, I would certainly think that AS would still want to schmooze a family of 4 with SOME type of comp, vs potential bad publicity!
Also, this is AS, not DL op'd. Even if they cite this law for not giving compensation, I would certainly think that AS would still want to schmooze a family of 4 with SOME type of comp, vs potential bad publicity!
#12
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You are correct. The aircraft substitution exemption for IDB compensation has long existed in U.S. regs. If the DOT thought it was abused it could change the reg.
Further, U.S. DOT IDB compensation doesn't apply to international departures to the U.S.
https://www.transportation.gov/airconsumer/fly-rights
And, lastly, it was an Alaska op. It doesn't belong in the Delta forum.
Further, U.S. DOT IDB compensation doesn't apply to international departures to the U.S.
https://www.transportation.gov/airconsumer/fly-rights
And, lastly, it was an Alaska op. It doesn't belong in the Delta forum.
#13
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True, that, the actual IDB beef is with AS and Canadian law.
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#15
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New crew would mean new pilots, although there are some aircraft types that are so similar that IIRC the pilots are certified on both. Unlike some other (foreign) carriers, DL FAs are certified on every aircraft in the fleet.