Canceled, confused, contaminated — and then ripped off

Kristen Hoyle just had one of those flights that give the airline industry an awful reputation.

She wants something for the trouble. But what does she deserve?

The trouble started on her return flight from Madrid to Boston, according to her mother.

She explains,

She was dropped off at the Madrid airport with plenty of time for her mid-morning international flight. Once checked in and through security she was told that there would be “an hour delay due to mechanical issues.”

Throughout the day her flight continued to be delayed by an hour at a time, until evening when it was finally canceled.

That’s called a “creeping” delay, and although there are operational reasons for it, passengers often feel strung along — and rightfully so.

Hoyle continues,

She and her fellow passengers received very little infromation from American Airlines at the airport. I was actually getting more information here in the US from Orbitz, with whom we booked the trip.

She was offered a meat sandwich and a drink by the staff when the flight was delayed through lunch.

When she told them that she was a vegetarian, they said that “that wasn’t their problem,” so she had no lunch.

Finally, some time after the flight was cancled, there was a general announcement made regarding transfer to a hotel for the night, transportation back to the airport and flight information for the next day.

Things got a little confusing as American tried to rebook all of its passengers, and if it weren’t for the work of her mother and Orbitz back home, she would have missed her return flight.

“As it was, my eighteen-year-old daughter had to spend the night alone in a hotel in a foreign country, and arrange her own transportation back to the airport the next day,” he says.

And then, things took a turn for the worse.

For her evening meal she was given an egg and tomato sandwich to take with her to the hotel. Once she returned home she developed a high fever and severe diarrhea, a bacterial GI infection most likely traced back to the sandwich.

She was sick for two weeks and needed to see the doctor, provide lab samples, eventually go on antibiotics, and have an interview with the Health Department.

After Hoyle’s daughter recovered, her mother complained to American about the delay, cancellation, rebooking confusion and likely food poisoning. They received an apology and a $200 voucher.

“It seems like a small gesture,” she told me. “At this point I am not sure that she, or we, will be flying American Airlines again.”

What’s more, her daughter wasn’t offered any compensation required under EU 261/2004, the European passenger protection law.

I suggested she appeal her case to an executive contact at American, suggesting that her daughter’s compensation might not have been in line with the airline’s legal requirement.

American’s response? Well, here you go:

I am sorry to hear about the difficulty that you encountered. I am also sorry that you were not satisfied with the complimentary voucher that we provided.

However, the voucher was intended to convey goodwill and to make amends in some way for the inadequate service you reported. It represents an amount we believe to be fair and reasonable.

Therefore, we must respectfully decline any reuqests for addtioanl or further comepsantion, reimbursement or any additional goodwill gesture in thie matter. We do regret that we must disappoint you in this regard.

(Wow, who is editing these emails?)

If this delay had happened in the United States, I think American’s compensation would be more or less acceptable.

But in Europe? Is it just me, or did American just sidestep European laws and shortchange a passenger?

Update (7 p.m.): Here’s today’s final word.

I’m contacting American about this case. I also have a final thought about EU 261.

  • Raven_Altosk

    LOL, very true. I just think the letter would’ve carried more weight if the PAX had written it herself.

    I know I’ll end up being a protective daddy, but having read so many of these type of complaints over the years, I just feel that when you’re advocating for someone capable of doing it themselves it waters it down and sounds whiny. Definitely give advice, help write the letter, but make the PAX sign it herself.

    Also…found out it’s a girl and a friend gave me a tshirt that says, “Guns don’t kill people. Daddies with pretty daughters do.”

  • Raven_Altosk

    My point was a valid one. The mother wasn’t the PAX. The daughter was, and clearly capable of traveling alone in a foreign country. She should’ve written the letter. Mom could’ve assisted, but the daughter’s signature should’ve appeared on it.

  • Philippa_FRA

    You’re probably right that Iberia/AA took care of everything. The article vaguely implies that Hoyle only made it home because of her mother and Orbitz, but that’s probably just a bit of spin.

  • mikegun

    That is where I am getting confused. I also thought Iberia operated MAD-BOS.

    Ethics question. Should one return the $200 voucher and then go after the carrier that truly owes her? ;)

  • http://pulse.yahoo.com/_OEPJGQPIEB75YYDE5CJY6R3VFE Carver Clark Farrow II

    Jurisdiction would be conferred because AA is an American company.  Also, small claims court are known for ignoring many jurisdictional issues

  • Joe Farrell

    No problem – the law is agreed upon by treaty, which trumps the Constitution – sue AA in her local court for 600 Euros.  End of story. 

  • http://pulse.yahoo.com/_HMW3OTJSBDWWRKIEKEKWWM7BEA bc

    I agree, the whole “18yo alone in a hotel room alone” line is complete BS, 18 is what we call a legal adult in the US, this is hardly a helpless individual. Hell, she was obviously in Europe by herself, and was going to fly by herself, I think she can spend one night alone. People are so dramatic. 

  • MikeInCtown

    I’m not sure why people are focusing on her age, illness, or hotel and meal accomodations. IMHO it is all irrelevent if the EU law says she is entitles to EU600 or what, maybe $700+ US? that is ALL THAT MATTERS in this case. If she is entitled then they should give it to her. someone posted all links and phone numbers to use and I suggest going through the process.

    As far as the airline being in bankruptcy, I don’t think it matters. monies owed before then would be at risk, but monies owed after they filed should be paid as normal.

  • ClareClare

    You needn’t tell us that you don’t have a kid that age yourself–that’s obvious.

    I’m a US college professor in Italy, and I deal with 18-year-old study-abroads all the time.  Yes, they are old enough to go off to Europe on their own.  No, they are not old enough to handle problems like smarmy airlines and food poisoning on their own.  That’s why they are sent here with very carefully planned advance arrangements.  Problems (usually small ones, thank God) arise constantly.  I end up mothering them all the time, not because they’re necessarily pampered brats, but because they are JUST 18. 

    So give this mother a break–she’s quite right to be worried about her daughter having an unplanned overnight in a foreign country, and being mistreated by the jerks in the Madrid airport (or do you find that hard to believe?!). 

  • Joe Farrell

    They could have put them on the AA MAD-JFK [or any number of other Iberia flights to other US destinations and connected them] flight to the extent there was room. . . .and then put them on an Eagle flight or a bus to BOS – they would have had 6 hours to figure it out at JFK but then everyone knows the airlines only deal with the problem when people are standing in front of them . . . . so of course why would we expect someone to actually think.  

    The sad part of that if it was an Iberia flight, its not like Iberia does not have other aircraft they could substitute and run a rolling 3 hour delay on several flights until the aircraft comes back into service . . . 

  • http://www.facebook.com/people/Marc-Kaplan/543261821 Marc Kaplan

    Part of the problem may have been that this was an Iberia operated flight
    that American code shared on. 

  • TonyA_says

    BTW you are correct MAD-BOS is IB flight. OP should have posted what the original cancelled flight was since it could have been an AA MAD – JFK/ORD/MIA/DFW/LHR – BOS flight. We need to know which airline screwed up.

  • Joe Farrell

    Look – sorry the airline did not have a vegetarian meal for you but I presume you had 10 euros to rub together or a credit card, go buy yourself a decent meal instead of relying on the airline to provide you some mystery meat sandwich. . .. 

    600 Euros compensation is owned.  Per passenger.  Go get it.  I would sue them in small claims and THEN send a letter telling VP of Customer Service that you want them to cut you a check for $750 right now today or you’ll see them in court. . . . 

    Also – file a complaint wth the EU that Iberia failed to live up to its responsibilities under EU261 . . .and send that to Iberia’s US office as well. . . 

  • http://www.facebook.com/profile.php?id=1547468581 Erin Contour

    *laughing* OK, I KNOW I haven’t had my morning coffee… but when you write a question just above the poll like you did hear, I have a huge tendency to answer the question rather than read the poll question and answer it.  I totally clicked the wrong button on the vote and you can’t back it out.

    But in Europe? Is it just me, or did American just sidestep European laws and shortchange a passenger?
    YES
    Did American do enough for Kristen Hoyle’s daughter?

    NO

    I wonder how often that throws off your statistics?  The lack of morning coffee thing, I mean.  Sigh.

  • Philippa_FRA

    The airlines are allowed to do this – only offer one choice of meal, be it sandwiches or sauerkraut – per EU261/2004. They don’t have to cater to self-imposed dietary restrictions nor to medical/allergy issues. And different airlines have different deals with the restaurants/caterers at the airports… basically, there is no SOP.  

  • TonyA_says

    200 is for the the codeshare confusion :-)

  • mikegun

    Now, I can just imagine that IB will now respond that since she agreed to accept the 200usd voucher, they will deduct that from the 600 euro.

  • TonyA_says

    If it was relevant for the OP to write about, then it’s just as relevant for Raven to comment. If you don’t like Raven’s comments then don’t read them.

  • Chris_In_NC

    “It might also be interesting for a future column if you were
    to interview a health dept about what they need to do when one returns
    home from abroad sick – regardless of whether it was from a sandwich or
    someone’s sneeze or handrail. ”

    I can answer that question, at least what happens in NC. In the vast majority of cases, the Health Department doesn’t take any action, because the vast majority of cases are nothing more than common ailments.

    When a traveler gets sick from returning from travel abroad, they do what every other sick person does, they go see a health care provider. If and only if they have a reportable illness (as dictated by State Law) does the Health Department get involved. Examples of reportable illnesses include (Cholera, Salmonella, Malaria, etc)

    The health department interview is nothing more than questions to determine how the patient might have been infected. It is not an interrogation session, nor an intensive investigation. All the health department wants to know is: Is this outbreak a threat to public health?

    In the above situation, if the health department was involved, the case would have been quickly closed because (as the facts were presented), the patient got exposed in a foreign country, the exposure was limited (no other family members got sick), and the patient was properly treated (ie received antibiotics and got better) The key fact in this case is that it was an ISOLATED case, and not a widespread outbreak.

    The Hollywood fantasy that investigators in Hazmat suits will descend on this poor woman and quarantine her for weeks is simply not true.

    If and only if a serious threat (ie SARS, multi-resistant TB, outbreak in a community setting where 40% of an entire plane or cruise ship passenger gets sick) does an exhaustive investigation take place.

  • Joe_D_Messina

    Age is a relative thing.  There are 18-year-olds raising their own kids and running their own households. There are also 18-year-olds in foxholes with the responsibility of keeping themselves and their buddies alive. 
    I understand why mom was writing, because she was the one who paid for the tickets and arranged the trip. And she’s obviously concerned about her daughter’s health. No complaints with mom on those fronts. But the lack of a vegetarian option and griping about the hotel were over-the-top. An 18-year-old should be able to handle getting herself something to eat and sleeping in a private hotel room. And she didn’t develop food poisoning until after she’d returned home.

  • Chris_In_NC

     The complaint is legit. It just is unfortunate that a lot of fluff is tagged along. But, it doesn’t change the fact that the complaint is legit.

  • bodega3

    Don’t you have to file a small claims in the county where AA is headquartered so unless she lives near DFW, is this worth it?

  • TonyA_says

    The European Court of Justice has essentially made Delay compensable in Joined Cases C-402/07 and C-432/07 since Jan 2010.
    http://ec.europa.eu/dgs/legal_service/arrets/07c402_en.pdf
    This was challenged and suspended ONLY in the UK.

  • TonyA_says

    I have a “lawyer” question, Carver. Since AA/IB/BA is actually operating now as a Joint Venture (for Transatlantic flights) would that be easier to sue either AA or IB in the USA for let’s say an IB infraction that happened in a MAD-BOS flight? Have they become jointly and severally liable because of the Joint Venture?

    If so, the OP’s daughter could just sue the JV in Boston.

  • TonyA_says

    Mike they are having their siesta so they won’t notice the $200 voucher. Besides the daughter already learned her lesson and will fly another (lousy) airline next time.

  • SooZeeQ

    You have given us info on EU 261/2004 in the past, when you were at USA Today and it is quite discouraging to find out that a rule is not, indeed, a rule.

  • TonyA_says

    Side Question or Additional Poll.
    Should the Mom not had UN-CHECKED (opted out) of the Buy Travel Insurance Check Mark Box? Yes or No? :-)

  • http://www.facebook.com/profile.php?id=37302108 Thomas M Bourke

     in europe, they have to pay up now… they’ve got better…

  • Raven_Altosk

    I agree, but what letter writers need to understand is HOW you complain is just as important as WHAT you complain about.

    When I worked as a hotel CSR (many moons ago), we would actually have “contests” to find the most annoying/stupid letters/emails.

  • TonyA_says

    Re: She was dropped off at the Madrid airport with plenty of time for her mid-morning international flight.

    Who to sue? Will the real flight please stand up?

    The Iberia flight departs in the afternoon and not mid-morning.
    AA5674  MADBOS- 145P 445P   0  8.00
    AA5674 OPERATED BY IBERIA IB6165

    The mid-morning flight on AA metal is this:
    1 #AA  95   MADJFK- 940A 125P   0
    2 #AA1806       BOS- 500P 625P   0 13.45

    -or-

    1 #AA  69   MADMIA- 930A 235P   0
    2 #AA 696        BOS- 535P 845P   0 16.15

    And hopefully not this (on BA metal):
    1 #AA6277   MADLHR-1045A1210P   0
    2 #AA6166         BOS- 405P 735P   0 13.50
        AA6277 OPERATED BY BRITISH AIRWAYS
        AA6166 OPERATED BY BRITISH AIRWAYS

    And hopefully not this (on Iberia metal):
    1  #AA5683  MADORD-1150A 320P   0
    2  #AA 154         BOS- 500P 810P   0 13.20
        AA5683 OPERATED BY IBERIA

    With all these codeshare confusion, you don’t know who to sue unless you  keep your original boarding pass and itinerary.

  • pradcliffe

     I rest my case.

  • mikegun

    Perhaps more factual flight details and less “fluff” about the daughter’s dietary restrictions WOULD be helpful after all! :)

  • Spanky_McF

    “As it was, my eighteen-year-old daughter had to spend the night alone
    in a hotel in a foreign country, and arrange her own transportation back
    to the airport the next day,” he says.

    Another whiner.  Life happens.  You are not entitled to a refund every time things do not go your way.  And if you’re not adult enough to travel then don’t.  Stop trying to gain sympathy by throwing out an age.

    How about some REAL problems?

  • Philippa_FRA

    I also noticed that MAD-BOS was in the afternoon, but I figured perhaps the daughter was dropped off at the airport mid-morning. The level of motherly worry made it hard for me to imagine the daughter had a connection somewhere. Plus, the article says flight, not flights, and there’s no mention of missing connections, etc. It’s guesswork, as usual, because we never seem to get the facts…

  • Philippa_FRA

    People are not sure why the mother is focussing on her age, illness, or hotel and meal accommodations. 

  • Philippa_FRA

    Yeah, maybe she’ll fly Iberia next time…

  • Michele Storey

    Just to preface I do realize there are different types of vegetarians so no need to provide any education.  That said…  She clearly is not a strict vegetarian if she was willing to eat an egg and tomato sandwich.  ALL of my friends that are vegetarian always travel with their own food just in case something like this should happen.   

  • TonyA_says

    Actually the airlines will give each passenger an individual room. So there is no reason to complain why the 18 year old is all alone. I’m sure the mother would not like it if her daughter was put in a room with another person (perhaps with a 40 year old male).

  • TonyA_says

    I am still scratching my head about what the OP or Chris could have meant by their comment -

    Things got a little confusing as American tried to rebook all of its passengers, and if it weren’t for the work of her mother and Orbitz back home, she would have missed her return flight.

     
    Wait a minute, 2 issues here:
    (1) Orbitz??? Wasn’t AA and Orbitz suing each other for quite a while (AA refused to give Orbitz the ability to sell its flights) until a judge ordered AA to allow Orbitz to sell its flights. Hmm… how helpful would AA would have been to Orbitz???

    (2) If it weren’t for the workof her mother she would have missed her return flight??? Wow I wished I knew what this meant. It’s hard to envision how this could happen. You have 2 “blind parties” – the mom and Orbitz. You have the passenger in a hotel room somewhere in Bajaras and Spanish agents in MAD airport desperately trying to reaccommodate her (and maybe another 200 passengers).

    Did the mother call AA directly and asked for help? Was the mother on the phone with her daughter telling her what to do? Ok, so what should a remote mother do if her 18 year old daughter was stuck in an airport?

    First I will have to make a guess. I think the daughter was on AA95 last 9JAN – Scheduled to depart MAD at 1035AM CET.
    http://flightaware.com/live/flight/AAL95/history/20120109/0935Z/LEMD/KJFK
    The inbound 757-200 arrived Madrid that early morning at 812AM CET. I believe it was scheduled to turn around about 2 and a half hours later. Unfortunately it didn’t. It was CANCELLED.

    If this was her flight, then a creeping delay would have been a hoping against hope situation. There is no way AA will have any spares sitting around near Madrid. Its only other flight was suppose to be leaving the same time for Miami (MIA). So, it’s either that airplane gets fixed or you find another flight somewhere or you wait till AA flies another airplane the next morning.

    If, indeed, this was the situation, what could the mother have done? She had 2 options:
    (a) tell her daughter to hang in there, keep her face seen by the gate agents, and wait for AA’s solution, OR;
    (b) find her another flight out of there.

    The problem with the latter solution is that it will cost money upfront and a quick agent. The last flight out of there (w/o staying overnight somewhere) was about 4PM via London (LHR). Unfortunately, it seems like they tried to reschedule AA95 to 310PM before they cancelled. So when they “hoped” on AA95 flying out of there, they essentially put all their eggs in one basket since there were no more flights past 4PM.

    So what exactly did the Mom do? They she re-route her daughter? Or did she coach her through the night and make sure she was up early the next morning?

    I bet it was a nerve-wrecking 24 hours ++ for the mom, regardless.

  • http://www.facebook.com/people/Sally-Allen/1611873792 Sally Allen

    “Special Snowflake”-LOVE that one!!!  Have to admit to enjoying the comments as much or more than the articles , especially Raven’s!

  • andi330

    Vegetarians do eat dairy products. It’s only vegans that do not.

  • http://twitter.com/ElmoClarity Elmo Clarity

    Hey Chris, if you do a video update for a final word, could you also do a text version of it?  I follow the site from a mobile device and often I am not in a position where I can play audio out loud.  Thanks.

  • TonyA_says

    I suspect the MAD-JFK-BOS would have been cheaper on AA metal.

  • mikegun

    Thank you for the research and analysis. It seems like a likely scenario. If this IS what happened, then “NO” AA did not do enough in my opinion.

  • Raven_Altosk

    Seconding this. I didn’t know he’d been doing video updates, but 9 times out of 10, I couldn’t watch them, either.

  • MikeInCtown

    A third from me as i cannot view them either from where i am. the videos are blocked. i know the use of technology is nice, but words would probably work in this case.

  • http://pulse.yahoo.com/_HMW3OTJSBDWWRKIEKEKWWM7BEA bc

    WTF are you talking about? There was no mention of two strangers sharing a room. 

  • Joe Farrell

    You file and serve AA where you live or at least where the flight was supposed to arrive – AA exists in Massachusetts and has an agent for service of process there.  Let them raise the defense of incorrect jurisdicion – then – for $30 – they tell you where to sue them for free. . .

  • http://pulse.yahoo.com/_OEPJGQPIEB75YYDE5CJY6R3VFE Carver Clark Farrow II

    Sorry for not answering earlier.  Been traveling. :).  The short answer is it depends.  If the IB infraction is related to its participation in the joint venture then probably.  We’d need to know the specifics.

  • http://pulse.yahoo.com/_OEPJGQPIEB75YYDE5CJY6R3VFE Carver Clark Farrow II

    You can serve a defendant where the defendant “lives”.  For a corporation, that can be any place where the company does substantial business or avails itself of the state’s markets