WestCoastPDX

Fiancé and I were IDB'd yesterday MEX-ZIH (flight oversold).
58/59th people to check in, about 2 hours in advance.
Traveling on cheap V fare.
I'm Delta Plat, she has no status.


GA didn't seek volunteers, just surprised us at the end while waiting for our seat assignments.
Rebooked on same route, 5 hours later.
Not how the AM policies online say it's supposed to go.


Offered (I declined)~4000 peso voucher/future flight credit.
All our future AM flights are already booked/paid, and we won't be back in this part of the world for years.

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Any recent experiences? Where to go next?

jjbiv

It sounds like they owe you 25% of your admittedly cheap fare and maybe some meal vouchers. From section 7 of the Aeromexico contract of carriage:If, due to causes attributable to the Carrier, boarding is denied to any Passenger or due to the issuance of Tickets in excess of the capacity available on the aircraft, in terms of section VII of article 38 of the Regulations of the Law of Civil Aviation, the Carrier shall be responsible for informing Passengers of the following options available to them under article 52 of the Law of Civil Aviation:

• That the Carrier reimburses to Passengers the price of the Ticket or the corresponding portion corresponding to the part of the trip not covered. In this case the Carrier shall also cover an indemnity to the affected Passenger which shall not be lower than 25 percent of the price of the Ticket or of the part of the trip not performed;
  
• That the Carrier offers to the Passenger, with all means available to it, replacement Transportation on the first available flight providing, as a minimum and without charge, telephone or cable communication services to the place of destination; meals in accordance with the delay time until the boarding of the next flight; a room at an airport hotel or in town when overnight stay is required and, in this case, ground transportation from and to the airports, or
  
• That the Carrier transports Passengers on a later date convenient to the Passenger towards the destination for which boarding was denied, in this case the Carrier shall also cover an indemnity to the affected Passenger which shall not be lower than 25 percent of the price of the Ticket or of the portion of the trip not covered.
  

Often1

File a claim with AM and then move on with your life.

The chances that AM pays out cash for anything absent a court order (and even then) is close to zero.

warakorn

Yes, move on!

Crastonts

You are right. I checked the registry for County Court Judgements in the UK for this company. They are still blatantly refusing to pay up even though they lost a couple of cases!!!!

I hope some of the people with these judgements will grow a pair and force liquidation procedures for their UK branch.

Crastonts

When all is said and done, AM will refuse your claim. Still, you should continue to build a paper trail by raising a DOT formal complaint (https://www.benedelman.org/dot-complaints/), and not only an informal one -- very important.

If you have time and all your purchases/events are post Chapter 11 BK, you can pursue the case in your closest Small Claims Court.

Mama

You did get to your destination (5 hours late), and you declined their 4000 pesos voucher offer.
How much is your cheap V fare for MEX-ZIH? It's a domestic flight (1 hour and 10 minutes). As the previous poster mentioned, you can probably claim 25% of your ticket fare plus a meal voucher (x 2 for two people) . I hope that worth your time pursuing.

Often1

Good luck. You will likely find that post-BR, AM has close to nothing in the UK other than a few old laptops and that its aircraft are leased or otherwise encumbered up to the hilt. If there was anything to be squeezed out of that operation, it would have been squeezed long ago.

All of this presumes that you can convince a court anywhere outside of Mexico to enforce a purely contract provision which applies to travel between two points in Mexico.

Finkface

What does the DOT have to do with this? The flight was MEX-ZIH on a Mexican airline.

Crastonts

IANAL, but it doesn't hurt to try. As an American you can bring court proceedings in your own jurisdiction, can't you?

At the very least they are registered with the DOT, and people should keep documenting the infamy of this airline.

Crastonts

AM has hundreds of thousands of pounds stashed in the UK, that I can categorically assure you. People with CCJs should enact garnishment orders and force liquidation, tbh.

Often1

That is a novel legal theory.

WestCoastPDX

Thanks all, great feedback.

I sent an email with very brief details to: [email protected]
--> Is there another place to file a claim?


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I typically use Amex points to book paid business, so, maybe this is a lesson to me to not screw with cheap fare classes!
I figured with status, I wouldn't have issues, but flights are full, and I guess a V fare, no matter the status, is bottom of the pile.

I guess I also am guilty of applying some of the US airline rules/policies, to foreign carrier.
I've lost countless money on LATAM and Fiji Airways and Hahn (whatever they are considered) due to garbage service.
Seems like I should lower expectations further and include AM in that category too.


Lesson learned. And no, I won't bother with a claim beyond this.
Not worth the time.
(which sadly, reinforces their ability to completely get away with this type of behavior... and I'm sure they know it...)

Crastonts

I always make the gesture of e-mailing their "premium" customer service + the C-suite. I strongly suspect that regular CS signs off the responses and pretends to be members of the "executive engagement branch". But hey, it's just a matter of a simple copy paste. See: https://www.elliott.org/company-contacts/aeromexico/

I'd still encourage you to file a DOT complaint.

Good luck.

seawolf

14 CFR § 250 concerning oversales applies to “foreign air transportation with respect to nonstop flight segments originating at a point within the United States.”

DoT complaint would be a waste of US taxpayer money.