When a passenger is removed from a Delta Air Lines flight for “harassment,” does the airline owe him anything? Continue reading…
Spirit Airlines kicked Aryeh Ebrahimi and six of his teammates from the University of Central Florida soccer team off a flight.
It’s not every day that you hear from a real American hero like Chuck Yeager. Yes, the Chuck Yeager. It turns out he and his wife, Victoria, catch my syndicated column in The Sacramento Bee.
They contacted me after running into some trouble on two separate itineraries to Anchorage, and despite every effort to get things sorted out with Alaska Airlines, they couldn’t.
By the way, if you don’t know who Chuck Yeager is, look up the word “hero” in the dictionary. You see that guy? That’s Gen. Yeager.
There isn’t much Val Maswadi and Southwest Airlines can agree on.
Always read to the end. The very end.
That’s my takeaway from today’s failed case, which involves a woman who was denied boarding on a United Airlines flight because she hadn’t paid a mysterious fee.
In a surprise move, the Department of Transportation has fined two airlines for failing to disclose codesharing flights and disregarding their denied-boarding rules. United Airlines faces $80,000 in penalties for neglecting to inform travelers that certain flights were operated by another airline. And Delta Air Lines is being fined $375,000 for bumping passengers from its flights without compensation.
The backstory is interesting.
It was bound to happen, given that airlines are now required to double their compensation for passenger who are involuntarily denied boarding. If you can’t change the rule, just change the definition of “denied boarding.”
That’s exactly what Mohit Singla alleges American Airlines did when he tried to board a flight from Chicago to Dallas recently. Although he had a valid boarding pass, the airline stopped him from getting on the flight. “My seat was given to people on a waiting list,” he says. He paid $800 to fly to Dallas on Southwest, and wants American to pay for the new ticket.
Here’s how American responded to him:
I’m terribly sorry we couldn’t accommodate you aboard flight 2303 on March 7. Due to the weather, the flight was overbooked and we were forced to remove some passengers from the flight and reaccommodate them. While there were very good reasons for doing so, they are of little solace when you are the one who’s plans are disrupted. Again, I apologize.
I’ve authorized personnel in our Passenger Refunds department to issue the applicable refund. Once the adjustment is processed by the accounting specialists in that department, a credit will be issued directly to your credit card account. Please look for that transaction on your statement (this could take up to two billing cycles).
While I must decline your request to reimburse you for the Southwest Airlines ticket, we are not unmindful of the inconvenience to you. As a gesture of goodwill and apology, we’ve made arrangements for [a $100] eVoucher for you to use toward the purchase of a ticket to travel with us. I hope you will accept our gesture in the spirit of compromise. The next time you travel with us, we’ll do our best to make sure your trip is a good one.
I was surprised by this response, and so was Singla. So they removed him from the flight — that’s an involuntary denied boarding situation — but blamed it on the weather? In other words, American has created a new class of denied boarding (a “weather denied boarding”?) to which to normal denied-boarding rules as outlined in its contract of carriage don’t apply?
Here’s Singla’s response:
Thank you for your reply. I must say that you email and $100 coupon just did not make me happy. Rather, it made me think that you did not understand my reason for writing to you.
I had checked in online and had valid boarding passes for my entire trip in my hand. I was denied boarding despite that, when I was in line to get in the plane. That flight took off from Chicago to Dallas on time. So I WAS NO ALLOWED TO BOARD! That resulted in about $800 expense and all the problems for me to get to my destination in addition to stress.
Normally, when a passenger is on the stand by list, he/she can be denied boarding but not a passenger with confirmed boarding pass. If a passenger decided to voluntarily give up his/her seat, he is reasonably compensated by the airline and booked ticket on next available flight to destination.
In this case, none were done and you are giving me $100 to shut up. I feel insulted at this insensitivity. I urge AA to review this matter and reasonably compensate me. I am not asking like medical malpractice attorneys for non economic damages, extreme mental agony, and punitive damages etc, I am just asking for reasonable economic compensation for my losses.
If this matter is not resolved per the FAA guidelines and laws I may be forced to report this to the higher law regulation authorities. I hope you or your higher authorities will review this matter and resolve it amicably.
Mohit Singla, MD
Allow me to interrupt this exchange. My reading of American’s conditions of carriage leads me to conclude Singla is entitled to the following:
[P]ayment equal to the sum of the face value of your flight coupon(s) to your point of destination or first stopover, subject to a maximum of $200. However, if American cannot arrange “alternate transportation” (as defined below) for you, the compensation will be doubled subject to a maximum of $400.
But will American reconsider? Here’s the letter back to Singla.
Dear Dr. Singla:
A careful review has been accomplished of the entire file and reports which have been obtained concerning your ticket to travel with us on March 7. We wish things had worked out differently and can understand your perseverance in this matter.
Denied Boarding Compensation is a penalty that airlines must pay to customers who hold confirmed reservations and have checked in for a flight but are not accommodated. Unfortunately, we were required to involuntarily remove you from the flight after you had checked in. In lieu of denied boarding compensation, we can and have processed a full refund of your ticket.
While we regret your continued dissatisfaction with our offer to gesture of apology for the inconvenience, we believe it is reasonable and appropriate. Dr. Singla, I’m not eager to disappoint you again but we don’t agree that additional compensation is warranted.
Although we understand that you don’t agree with our decision, it is based on sound business practices, as well as our past experience. I am sorry to disappoint you further.
That’s complete nonsense. There is no difference between involuntary denied boarding and “we were required to involuntarily remove you.”
Singla is taking American to small claims court, which I think is the right next step. He’s also contacting the Transportation Department to file a formal complaint.
But beyond that, I’m worried that the airlines have simply tightened their definition of “involuntary denied boarding” now that they have to pay more compensation to passengers.
That would be disturbing, but not surprising.