Overbooked / Compensation
 

Hi,
A volunteer for my organization (and not a very savvy traveller) was booked on a GNV-ATL-CDG-DXB-AMD trip on a host of carriers (GNV to CDG on Delta, CDG to AMD (ahmedabad, India) on EK.

He was not able to obtain a boarding pass in CDG, being told to collect one in DXB. He was given only a standby card.

Upon reaching DXB, they told him the flight was oversold, and he would have to leave the next day. However, he was given a standby boarding card for the next days flight.

Panicked that he would not get on the flight (and unwilling to wait yet another 24 hours) in DXB, he bought a business class upgrade for the DXB-AMD sector, for about $550.

My questions:
a) Can this be possible? It seems hard for me to believe they would deny boarding to someone with a confirmed ticket and let the plane depart with free J space.

b) Is he due compensation? I don't know if UAE has rules, or if the EU rules apply since his flight originated in EU, but it seems like he shoud get compensation for being denied boarding because of an overbooked flight.

c) Is there any hope in actually getting compensation? In my view they should refund the $550 and give him denied boarding compensation, but i think we'd settle for simply the refund of the $550.
I did a search on the board and it doesn't sound like EK is very eager to give refunds in case of denied boarding.
A free ticket as compensation would not be of any use (unless it were transferable) , since he is unlikely to travel again.


d) Disputing the business class upgrade charge on his credit card wouldn't make much since, since he presumably signed papers agreeing to the charge, right?

Finally, the ticket was purchased through Travelocity. They also have a poor record of giving any sort of compensation / remedy.

Advice much appreciated,
Shawn

On routes to/from India, EK usually gives nothing for denied boarding.

Soliciting volunteers in BOM last month, their offer was "we'll book you on a later flight". No compensation. No free ticket. Nothing. They can almost always find some poor guy who doesn't know his rights and is too scared to protest (especially on the DXB end of the route).

impressive behavior
 

Thanks for the info. I had thought the routing was OK because it avoided a connection at BOM, but risking dealing with that is crazy, won't book anyone in EK going forward.

And I don't suppose UAE has any sort of obligatory compensation, or the fact that his routing was via MAD would allow him to invoke EU rules?
Shawn

He can't expect more than a free ticket as compensation with Emirates because that's their standard denied boarding compensation.

If he was travelling on a return ticket to AMD, he should check with Emirates regarding the return flights because not using the DXB-AMD coupon of his original ticket technically voided the rest of the ticket (the return flights, if any).

If he paid for an upgrade then isn't it the same ticket coupon that was used?

would the fact that his ticket went through the EU subject him to EU compensation(?)

Yep & Kinda YMMV

1. Denied-boarding compensation system : http://europa.eu/legislation_summari.../l24173_en.htm
   
   Code:

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   SUMMARY

This Regulation applies to:

    * passengers departing from an airport located in the territory of a Member State to which the EC Treaty applies; and
    * passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the EC Treaty applies,

On condition that the passengers have a confirmed reservation on the flight concerned and, except in the case of cancellation, present themselves for check-in at the time indicated in advance or, if no time is indicated, not later than 45 minutes before the published departure time.

This Regulation establishes passengers' rights if:

    * they are denied boarding against their will;
    * their flight is cancelled;
    * their flight is delayed.

This Regulation does not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public.

Denied boarding

When an air carrier reasonably expects to deny boarding on a flight, it first calls for volunteers to surrender their reservations in exchange for certain benefits. If an insufficient number of volunteers come forward to allow the remaining passengers to board the flight, the air carrier may then deny boarding to passengers against their will, in which case it must compensate them.

Air carriers give priority to persons with reduced mobility and any persons accompanying them.

In the event of flight cancellation or denied boarding, the passengers concerned have the right to:

    * reimbursement of the cost of the ticket within seven days or a return flight to the first point of departure or re-routing to their final destination;
    * care (refreshments, meals, hotel accommodation, transport between the airport and place of accommodation, two free telephone calls, telex or fax messages, or e-mails);
    * compensation totalling:

    - EUR 250 for all flights of 1500 kilometres or less;

    - EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres;

    - EUR 600 for all other flights.

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2. Protection of air passengers - http://europa.eu/legislation_summari.../l24235_en.htm

I don't know what the best-possible-case outcome is (i.e. whether getting the upgrade refunded plus IDB compensation is possible).

If your friend would be happy just getting the upgrade money back, I think there's a decent shot of that by writing to EK and asking for that, in exchange for waiving any rights under EU 261/2004.

I was on a intra-EU flight on EK that went mechanical (after over three hours of delays), and the only option they gave was putting me on the same flight the following day. I wrote a lengthy letter afterwards, quoting various EU court decisions, and got a check for $600. It's definitely worth trying.