Should I have rejected this case?

I’m trying something a little different today. I’m presenting you with a case I’ve decided not to get involved in. Did I make the right call? If not, I’m willing to revisit it. (By the way, I’m using first names only for reasons that will become clear later on).

Rekha is an “outraged” American Airlines customer, and she wants me to help her get compensated. But I can’t.

Here’s what happened to her: She and her family were booked on an itinerary that started in Austin, Texas, and ended in Bangkok.

It didn’t happen quite like that.

American called us 7:35 a.m. and told us our flight to Dallas has been canceled and if we take next flight, we will miss our next connection. This would seem rather an understandable switching but I do believe it’s malicious.

Malicious? I was curious to hear why she thought American had canceled their domestic leg.

She says her parents were on the same itinerary the previous day. American also had a schedule change. Fortunately, they called the airline and persuaded it to keep their international leg.

“Conclusion to draw here is, American is cancelling flights and selling flights that don’t exists and American Airlines had no intention of honoring their contracts,” she told me.

Um, I don’t know about that.

But I do find it suspicious that there are two cancellations on the same flight in 24 hours.

The only remedy American is willing provide is put us on a 7:45 p.m. flight, which would have us arrive in Bangkok almost 12 hours late.

We have hotel bookings that they are not willing to compensate for, not to mention valuable vacation time we are wasting.

Did I mention this is our honeymoon?

No, not until now.

So how can the airline fix this? “I would like American airlines to stop practicing such shady practices and not victimize and antagonize customers,” she told me. “I want at refund and apology.”

Here’s how I responded to her:

I’m sorry to hear about this. When American cancels a flight, you can ask for a full refund or a flight of its choosing. If you want a refund, you should be able to get it.

But Rekha and her husband had already flown to Bangkok, of course. I didn’t want to tell her – and maybe I should have just come out and said it – that a refund wasn’t possible. (An apology? Maybe. But American would probably just apologize for her “inconvenience” which is an empty apology, at best.)

Rekha responded that she believes she’s entitled to a comparable flight or a “token” gesture for her troubles.

“I am thinking about pursuing this issue in small [claims] court,” she says. “Do you think that is a good idea?”

I told her I didn’t think so.

She wasn’t happy with that answer.

I paid premium prices to get right schedule and then they went ahead and reschedule every flight without any explanation whatsoever.

They have put us through earlier flights, later flight and long layovers.

It’s always too late to get refund and book another flight. I see serious misconduct in their business.

I haven’t responded to the last accusatory email. I don’t think she wants an answer, only to vent about the way she’s been treated.

She’s right, of course; you should expect an airline to honor its schedules and apologize if your flight changes. Even a simple “I’m sorry” would have gone a long way.

But Rekha was pushing a bankrupt airline to refund the entire fare, which is something the contract of carriage doesn’t require. And to be honest, American did get her to Bangkok. Just not how – and when – it said it would.

I’m dismissing this case without taking it to American. Yes, it shouldn’t have rescheduled the honeymooners and their parents, but in the absence of a contractual requirement or federal regulation, it doesn’t owe her a refund.

I can’t bring myself to nudging American into offering one.

  • NoJets

    They must work the AUS-BKK queues for AA. ;)

  • NoJets

    I read it as AA called her once the flight was cancelled. They could not have have given more notice. 

  • y_p_w

    It might have been.  Once was on Air New Zealand (LAX-AKL-SYD and back MEL-AKL-LAX).  I remember picking up the “tickets” from the Air New Zealand sales office in San Francisco.  I think it was a favor from one of their employees to my relative.  No money changed hands.

    My relative was also a pretty big seller of the former Malasian Airline System (now just Malaysian Airlines) tickets.  We flew from LAX-HNL for free.  Again, I thought it might have been a favor with no money changing hands.  They even let us in business class, although I was stuck in coach for the return flight because the agent at the HNL counter would let me in business class since I was under 21 at the time.  The agent at LAX didn’t really care.

  • Joe_D_Messina

    It also occurred to me that the husband may never have been there so they chose to go on the honeymoon. 

  • Joe Farrell

     Should I have rejected this case?

    Yes.

  • Sadie_Cee

    It seems to me that the OP is a very young and inexperienced person and that she has not yet had to deal with many setbacks in her life.  So arrival at her ultimate destination was delayed by 12 hours!  I can promise her that this is not the worst that life has in store for her.  She must learn to deal with disappointment, behave like an adult about it and not like a petulant child.  Despite the best of intentions, bad stuff happens.
     
    This didn’t happen to me, but I was an eyewitness waiting in an airport lounge for my own flight when this event unfolded.  I watched with interest while hundreds of PAX happily boarded a flight from Toronto to Trinidad in July 1990.  Their mood was distinctly upbeat for they were no doubt looking forward to having a really rollicking time.  In less than 30 minutes the same PAX streamed back through the terminal.  It took me a short while to find out what had happened, but I discovered that there was a coup in progress in Trinidad.  Amongst other things, armed rebels had taken over Parliament and looting was widespread. As a result, this flight had been cancelled.  One lasting impression that this incident has made on me is that at the time I didn’t see even one person throwing a tantrum.  As they passed me, they were in the same high spirits as they had been in when they were boarding.
     
    My advice to the OP:  Follow this blog more often and learn about real rip-offs that travelers sometimes experience.  Airplanes have run out of fuel; people have been scammed out of thousands of dollars; have endured substandard accommodation and have even had all their property stolen!  You will see that your unfortunate experience pales by comparison.
     

  • pradcliffe

     I don’t know that this is the case here,  but what happens if you paid a premium price for a certain flight because it was the best time, you got higher cost seats, it was non stop to your destination, etc. etc. and the flight they can book you on has none of the above?  What are you due then?

  • y_p_w

    Nothing really.  One is really only paying to get from point A to point B.  The other stuff is what usually happens – i.e. getting on a specific flight at a specific time – unless there’s some circumstance that prevents it.  And one person’s “premium price” (comparing advance purchase non-refundable fares) is another person’s “discount price” (if purchasing full fare on business.

    Apparently they offered to refund her entire round-trip airfare if she elected not to rebook on later flights.  So she was pretty much due a full refund if she decided not to take the flight.

  • y_p_w

    Nothing really.  One is really only paying to get from point A to point B.  The other stuff is what usually happens – i.e. getting on a specific flight at a specific time – unless there’s some circumstance that prevents it.  And one person’s “premium price” (comparing advance purchase non-refundable fares) is another person’s “discount price” (if purchasing full fare on business.

    Apparently they offered to refund her entire round-trip airfare if she elected not to rebook on later flights.  So she was pretty much due a full refund if she decided not to take the flight.

  • y_p_w

    I’ve seen it all and done it all.

    Once on a flight from Asia our plane had made it all the way onto the runway and were even in takeoff position when we just stopped for several minutes.  We ended up back at the terminal where they served us sandwiches.  I was especially hungry and would have asked for seconds, but there was the Canadian National Basketball Team there and they got to the extras before anyone else could.

    Once I even booked a flight to Phoenix out of San Francisco so I could get to the work site earlier than if I took another flight out of Oakland.  I don’t think there was a significant difference in airfare, but I got up earlier and had to travel further (also asking for a relative who worked near the airport to get up early and take me there).  They couldn’t close off the cabin air which they needed to do for a few seconds to pump extra air to start the engines.  We were delayed for at least a couple of hours, and I figured that if I had taken the flight from Oakland I would have gotten there about 90 minutes earlier.

    In Miami waiting for a flight home, we were delayed for maybe 90 minutes because the plane had a mechanical issue.  I guess were were lucky it was Miami (and American hub) where they had extra planes of the same type.  If it were a non-hub city, we might have had to wait longer as they either fixed the plane or took the time to reposition another plane from a hub.

  • Philippa_FRA

    How did you end up with a BGO-CPH-EWR-DEN itinerary in the first place?

    The problem I see with it – besides the cancellation – is a degrees-of-separation type of issue: BGO is well-connected to the rest of Scandinavia with SAS (and NAX) but not only does SAS not fly to Denver; also, none of the destinations you can reach directly from BGO with SAS have direct connections to Denver. Therefore, once SAS gets involved, you’ll be dealing with at least 2 connections and 2 different airlines. Have a small thing go wrong, and everything could go badly wrong!

    IMO, the BGO-FRA-DEN itinerary with DLH would have been the safest choice to begin with. The 2nd best option would probably be a KLM/Delta combo via AMS.
     

  • http://twitter.com/DotWonder DotWonder

    who takes their parents on a honeymoon?  sounds fishy…

  • Steve_in_WI

    I see your point, and I understand that people in the travel business are going to identify certain carriers as better than others. And when someone like you is advising passengers to pick carrier X over carrier Y, that’s great – I’m certainly not saying that they’re all equal or that people in the know shouldn’t try to be helpful.

    What bugs me (and this is a general complaint brought to mind by this post, but not at all specific to it) is when people commenting on a dispute essentially blame the victim and say “you should have known better than to fly carrier Z.” IMHO, whenever the dispute involves a legitimate travel company and not someone being duped by a scam, that’s a ridiculous thing to say.

  • mszabo

    I was refering to the lack of notice provided by AA.  Really I think most people book their plane tickets 6+ weeks in advance.  If you don’t either you run the risk of a much greater fare or worse not being able to get to your destination.  So even if AA gives 2 weeks notice here, and it sounds like it was a days notice, the passenger doesn’t have any legitimate alternatives that get her to her final destination on time.   It doesn’t much matter that AA may have called her the minute they decided not to run the flight, AA had a contract with her to run that flight and broke it.  Now I’m sure there is all kinds of weasely languange in that contract that allows AA todo just that.  That doesn’t really make it right however.

  • mikegun

    AA’s contract was to get her to her final destination. We don’t know why Austin-Dallas it was cancelled, that information was not given.

    Since AA called that AM for a flight that AM, it would make more sense that it was an operational issue as opposed to a planned schedule change. Unfortunately, when something like that happens, the focus is on what the “next ” option is and not what an “earlier” option may be.

    Your’re correct in that had they called her two weeks or more in advance, perhaps a flight from Austin to Dallas an hour or two earlier would have been available and while she would have had to get up earlier, it would have been a better alternative.

    If I had to bet on this, I would bet it was an operational issue and not a planned schedule change. In the past, Chris has posted flight numbers and dates on some of his cases. That information would help end a lot of speculation about what happened and let people focus on what should be done.

  • mszabo

    I would completely agree that the scenario is probably exactly as you described, although Elliot does mention the same flight was canceled 2 days in a row which is very odd and smells of canceling for profit rather than equipment.  However from the tone of Elliott’s post it seems like he doesn’t think the traveler had any standing to goto small claims court/ or pursue a refund because they accepted AA’s alternate transportation arrangement.   This is where I would disagree.  The traveler really doesn’t have much of a choice in that situation.   Who would choose the refund and try to schedule a new honeymoon that day?

  • Sadie_Cee

    Collectively, there are probably millions of tales among us here.  We could write a book.  One of my more “interesting” experiences was arriving at LHR in mid-summer on a charter (cheap).  On arrival we found out that no arrangements had been made for our deplaning.  All ground authorities disclaimed responsibility.  The pilot kept us informed of the progress of his negotiations and apologized for having to turn off the air-conditioning as regulations demanded at the time.  After 1 hour in the sweltering heat, British Airways finally came to our rescue and sent boarding stairs.  I will always be grateful to BA for showing us some compassion.  Another lesson learned.      

  • http://twitter.com/DonNadeau Don Nadeau

    Yikes! All those hours with no media.

    Only time for me was some 15 hours KL AMS – JNB with not even an overhead film working. And, this was a DAY flight! Came back a month later & KLM must have been using the same 747, as it had the same issue not fixed.

  • http://twitter.com/DonNadeau Don Nadeau

    Check with some of the companies in your area for their recommendations, especially ones that book complicated international itineraries. 

    Also, look for ASTA (American Society of Travel Agents) affiliated offices, where you may find a greater level of professionalism. 

    In addition, the fact that a counselor has achieved the CTC designation shows experience and professionalism. He or she though may now work in niches like cruises and not be as interested in selling solely airfares and hotels. 

     

  • y_p_w

    I love boarding/unboarding on the tarmac.  I hadn’t done that since the 70s until I transited through several airports in Asia without jetways.  You know – flying those rickety old turboprops.where you just hope you survive the trip.  Kailua-Kona Airport still doesn’t have jetways.  Fortunately they’re on the dry side of the Big Island.  When we flew into Hilo, it was raining like crazy.  Here’s a Wikipedia photo of Kona Airport:

    http://upload.wikimedia.org/wikipedia/commons/e/e2/HAL_Kailua-Kona.jpg
    And speaking of turboprops, I noticed quite a few of them on a recent trip to Seattle. SEA-TAC is a Horizon hub, and they fly Bombadier Q400s.  They had tons of them used to fly to all those small cities in the PNW.

  • http://www.facebook.com/profile.php?id=1325168402 Michelle Cox

    I voted Yes to reject the case…but I do believe American is shady with their cancellations. Several times they have cancelled flights I was scheduled to be on claiming weather issues. Each time I have checked the weather at my departure and arrival airport (usually DFW) and the city the plane was at before. No other airlines were having issues and none of the cities were being affected by bad weather. I think the plane was just not as full as they would have liked.

  • Sadie_Cee

    Turboprops – I remember them and some very scary flights as well.  I did travel on one from Madrid to Lisbon  recently.  Due to limited interior space, there was no room for carry-on bags.  We had to deliver them to the aircraft hold ourselves and retrieve them on landing.  However, Air Portugal did take care of our checked baggage.  All the same, jetways are a remarkable development and I don’t miss the stairs at all.  Disembarking in a wintry weather or in a tropical downpour has put paid to that.

  • Sadie_Cee

    Turboprops – I remember them and some very scary flights as well.  I did travel on one from Madrid to Lisbon  recently.  Due to limited interior space, there was no room for carry-on bags.  We had to deliver them to the aircraft hold ourselves and retrieve them on landing.  However, Air Portugal did take care of our checked baggage.  All the same, jetways are a remarkable development and I don’t miss the stairs at all.  Disembarking in a wintry weather or in a tropical downpour has put paid to that.

  • http://www.facebook.com/profile.php?id=100001823466572 Jen Armstrong

     I agree. Maybe they were going to honeymoon there to show the husband, and maybe the parents were going just because they lived there?. We don’t know where the parents reside.

  • http://profiles.google.com/bmgraham Barry Graham

    I can’t even understand her problem.