Question about compensation
 

Hi guys,

I was traveling on Air India’s AI-137 while returning from vacation last weekend and I had a really bad experience. I will try to narrate my experience as briefly as possible.


My Flight started over 2 hours delayed from Delhi on Saturday morning (Friday evening PST), though that was not Air India’s fault. Original flight plan was DELHI—FRANKFURT—LAX and then LAX-SAN. I was supposed to be in San Diego by Saturday night. At Frankfurt our plane broke down and we were told that we would be given Hotel accommodation till it is repaired .All American, European passport holders and guys with EU Visa were straight way taken to Hotel, while for guys on Indian passport Air India’s staff took everyone’s passport for transit visa. After 2 hours we were told that German border police has declined transit visa for all except old, people with small kids and people with medical condition. Unfortunately just a day before we reached Frankfurt all flights out of Frankfurt had been cancelled because of severe weather, so all flights out of Frankfurt were already full (or so we were told). We were then given food coupons, calling card and blankets for night and told to sleep wherever we could. Next day we were told that we would be put on alternative flights, so we had to queue up for tickets. After standing for around 5-6 hours, around 150 people were accommodated in other flights before all flights to US were full. 7 of us who had already spent 1 day at airport were told that the only option was to spend another night at airport and take next available flight next morning at 8am. Also I was given a connecting flight from Chicago to San Diego, but it gave me transit time of just 1:30 hrs. I protested to this flight plan as I was pretty sure that immigration, customs and security would make it a very tight schedule, but they would not listen to me. Also all along our stay at Frankfurt airport we were not given our checked in luggage .So after spending 40hrs at Frankfurt airport I got on United flight to Chicago on Monday morning. At Chicago I missed connecting flight to San Diego, thankfully United put me on next flight. At Chicago I also discovered that my baggage had not arrived. So I finally reached San Diego delayed by 2 days on Monday night. I got my baggage after another 2 days.

My Question is whether I am eligible for any compensation; do airlines have any straight forward mechanism for this? At Frankfurt Air India did want to talk about this. Did anyone have a similar experience? Could you direct me to correct resources?

Thanks for your time and patience
-Mukul

Welcome to Flyertalk mukultcs
I am moving this thread to the Flyertalk Airlines of India Forum.
Obscure2k
TravelBuzz Moderator

AI is not very good at irregular ops, for sure. But if there was a weather related set of delays at FRA, they did pretty good to accomodate most pax within 6 hours.

And if you got stuck without a visa (having schengen around is always a good idea when you travel India - USA) .. you have only yourself to blame for sacking out in the airport instead of a hotel.

Hi hserus,
May I did not make myself clear. Air India accomodated 150 passengers in other flights next morning "after standing in queue for 5-6 hours".So we reach frankfurt at 4pm on saturday and then the 150 flew on sunday at 2pm, that is 22 hours.I was given a seat on Monday morning at 8am, after 40 hours.
Besides my flight was supposed to be a non stop flight to LAX with a technical halt of 2 hours at frankfurt. After all deplaning and security routine it leaves you with only 10 minutes.
I can understand that EU does not give transit visa to indian nationals that easily, but mechanical failure in plane should be entirely Air India's fault.

Right - with FRA shutdown with weather delays .. thats happened before. And you mean you havent ever been misconnected in a third country, or have your car breakdown for no fault of yours, or something? Planes, like cars, do break down sometimes you know.

If you really want to avoid having a schengen visa around (safe to have one, as I said- even on AI's "one stop", fly direct to the USA - you have your choice of American, Delta, Continental that do 14 hour nonstops without a stop in the EU. Or fly Singapore Airlines or Malaysian Airlines - they give indian nationals transit visas.

Your corporate travel desk, like most other corporate travel desks in India.. TCS, CTS etc - is probably the usual variety of Indian corporate TA with arrogant attitudes .. from not having their bills paid by the people who are approaching them to get ticketed, instituting vague and highly bureaucratic procedures, trying to sell accompanying spouses overpriced travel insurance on the side etc. Or they'd have advised you of this... if you needed the advice in the first place, to take what appears to me an eminently sensible precaution.

If you're somewhere in transit through a third country - keep a transit or entry visa for it handy though you nominally may not need one. Especially in winter.

Like I said , I am ok with not getting transit visa, my question is whether I am entitled to compensation because of mechanical failure of AI's plane.

To the extent of a hotel and rebooking - you got it. You couldnt use the hotel offered because of your lack of transit visa, though.

I am no big fan of AI, but in your case it seems they did what they could. As you say, the initial delay wasn't their fault. Similarly, the visa situation, which is at the root of your discomfort. Still, no harm asking. :)

You may be mainly because this happened inside EU territory. But I am not sure of how it'd work. If these were two different flight numbers (india-frankfurt, and frankfurt-usa), then you may have better chance - as you are then flying on a flight originating in EU (for you at least - even if that flight came from somewhere else in India).

I doubt you'll get your answer in this forum. suggest to re-pharse your question (remove all AI bits) and just ask on travelbuzz or on the german forum something like. 'If i get delayed by 40 hours in transit at frankfurt due to aircraft going mechanical - am i entitled to compensation as per EU rules ?'

German forum is here

hope you get something back.

cheers!

Crossposting the same question would be in violation of FT TOS.

EU laws don't really apply as this was a 'direct' flight India-USA. The delay option were provided to the OP, but as he had no visa and the immigration authorities refused to help AI would be in the clear.

While the ordeal the OP went thru is certainly not something nice, AI cannot be held for any legal responsibility. I would certainly protest loudly to AI and the TA who arranged the tickets and see what happens. Don't get your hopes up high.

Isnt there an airside transit hotel at FRA? Or is the Sheraton landside so he'd have had to clear immigration?

There is nothing airside. T2 is newer which can be accessed airside using the skytrain and has better facilities. Read this: http://www.sleepinginairports.net/europe/frankfurt.htm

Please try to keep the thread focussed on the topic rather than discussion of corporate travel agents and travel policies.

Thanks
Sean (B747-437B)
Moderator
Airlines of India

Thanks a lot guys. Appreciate your valuable feedback.

So, did you get compensated by AI, finally?