Flight delay compensation, US and Canadian Airlines

Mark2spark

duchy wrote: »

My understanding is that it matters not that the connecting airport was outside the EC -despite KL's assertion that it does.

I agree.
Have to say though, a measly 20 mins late on arrival causing a missed connection was obviously cutting it a bit fine. Who's idea was that?
Not that it matters regarding compensation.

duchy

No it doesn't -you see a lot of stupidly short connection times with some of the US carriers that according to them are within their published "minimum connecting time" but it doesn't allow much wriggle room if there is a delay and immigration or customs is especially slow that day . CVG is usually a great place to connect with Delta ...but not that day !

darley.wood

Hi, please direct me to the correct board if this doesnt belong here - i wasnt sure where to put it!

Im not sure if anyone has any advice but this is what recently happened to myself and my partner on our 'trip of a life time' holiday to Costa Rica and Jamaica -

Left Heathrow UK 2 March 2014 to Costa Rica with American Airlines. Whilst checking in we also rechecked all our ongoing flights and got a printed itinerary from the AA rep as there had been a few changes via email since booking the flights almost 9 months previously. No problems other than Partners inflight entertainment system was not working - reported to cabin staff and switched off/on again but still not working for 9 hour flight.

Holiday was great in Costa Rica - We arrived at SJO airport for our departure flight to go back to Miami and onto Jamaica. Checkin said we could not fly to Jamaica that day. We asked why,she replied there had been a change in flights and our flight no longer existed in order to make a conection to Montego Bay that day.

We had not been informed of the change but had been informed of previous changes since booking over 9 months ago. The rep said there was nothing she could do but we could fly to Miami on a later flight and be on the first one for Montego Bay in the morning. The hotel they gave us was ok (ish) and we were also given a food voucher valid at the hotel for $12 each - of which looking at the menu when we arrived half an hour before dinner finished - the only items we could purchase for $12 was a salad (most items were above $12). That did not include taxes, tip OR a drink. Not even a soft drink. We were also given $7 each for breakfast valid at the AIRPORT as the hotel was room only. The hotel then kept this voucher saying we DID get breakfast with them - but breakfast was not there before our flight even though we told them our flight time to arrange transport. Meaning these two vouchers were useless (we paid ourselves to eat in Miami and in the airport in the morning).

I was only able to inform our hotel the day we were meant to fly (11), meaning we lost our first night's room payment of approximately £350 per night. Their cancellation policy was 48 hours for full refund and 24 for partial. We also had to pay a full room rate of £430 for an additonal night to match our flights home now changed to 15th instead of the 14th.

To add a final insult to our time with AA - two duty free bottles of rum we bought in Jamaica airport went into the hold bags in Miami - both fully packaged in three layers of corregated cardboard by the Jamacian airport, padded with paper and placed into another cardboard box, then wrapped in our clothing and placed in the middle of the bag. On arrival in London (with a smooth flight) my partners bag had had both straps broken, the lock on the zips broken off, clear to us that someone had looked IN the bag as things were all moved around from our careful packing and the rum was smashed leaving his bag full of rum and broken glass. Ruining a number of items including most gifts we bought for relatives, books, clothing due to stainage from dyes leaking and the bag itself. My suitcase also now has no top handle at all as its been snapped off!

Any advice on what on earth to do/complain to/do we have a case for compensation for the -

• first night missing from hotel at £350
• additional night required at £430
• anything for the broken entertainment system
• inability to redeem food vouchers as inadequate/not valid
• items ruined in case approximately £150 (luckily no electronics were in there as they were on our persons)
• ruined cases approximately £75 x 2 = £150?

Thanks

Kat

Mark2spark

darley.wood wrote: »

Hi, please direct me to the correct board if this doesnt belong here - i wasnt sure where to put it!

Any advice on what on earth to do/complain to/do we have a case for compensation for the -

• first night missing from hotel at £350
• additional night required at £430
• anything for the broken entertainment system
• inability to redeem food vouchers as inadequate/not valid
• items ruined in case approximately £150 (luckily no electronics were in there as they were on our persons)
• ruined cases approximately £75 x 2 = £150?

Thanks

Kat

This board (thread) is fine Kat.
There's no compensation to claim for the return delay, as you were travelling on a non-EU airline.
As for the rest, you'll have to claim using the Montreal Convention, for damages.
The broken rum in the case will be down to (Miami) US Homeland Security though :undecided and they don't give a monkeys about personal belongings. ALL travellers are suspected terrorists according to them, and deserve to be treated as guilty. They will argue that you shouldn't have locked your cases, and as they are a third party to the airline, i don't see there's any mileage in pursuing that. Different to baggage handlers breaking stuff in cases.

Vauban

Mark2spark wrote: »

This board (thread) is fine Kat.
There's no compensation to claim for the return delay, as you were travelling on a non-EU airline.
As for the rest, you'll have to claim using the Montreal Convention, for damages.
The broken rum in the case will be down to (Miami) US Homeland Security though :undecided and they don't give a monkeys about personal belongings. ALL travellers are suspected terrorists according to them, and deserve to be treated as guilty. They will argue that you shouldn't have locked your cases, and as they are a third party to the airline, i don't see there's any mileage in pursuing that. Different to baggage handlers breaking stuff in cases.

This is what travel insurance is bought for, is it not?

darley.wood

Thanks for the help, seems its all at the mercy on whether AA want to help me out or not then!

Ive emailed them for now requesting a reply to open a case for complaint and detailed $ amounts for everything i can prove (receipts and photos etc).

I do have travel insurance for personal belonging and luckily did check before we left that it would actually cover the cost if we lost everything! although its going to be a bit tricker proving we reported it within 24 hours. We did, within 24 hours of landing i had contacted AA about it, picking glass out of a soft toy for my 2 year old neice (i binned it) - but i have no proof/damanged luggage lable or anything from them in writing yet so we'll see.

Seems silly for the non-EU clause. But if thats the way the cookie crumbles.....etc etc

Vauban

Though this feels like an increasingly forlorn cry, do please post in dedicated airline threads. The forum is a complete mess; I'm not surprised people can't find anything. The usefulness of the collected wisdom of experience is almost lost - nice work, MSE.

Bump, btw.

babybunny

Hi,

Wondering if anyone can help me. My husband and I travelled on United from London last year. We were ticketed on directly connecting flights from London to the US, then US to Canada. The first flight was late departing due to a technical fault, we arrived over an hour late and missing our connecting flight. We were put on the next flight but this was also delayed due to a technical fault. We eventually arrived at our final destination over 4 hours late.

I wrote requesting compensation. They have written back refusing compensation saying:
(1) that the first flight was only delayed by an hour
(2) the continued delay occurred in the US on a non-EU carrier.

They have acknowledged that we arrived over 4 hours late at the final destination. I have read the FAQs but can't work out what I am missing. I thought as we were departing from London on one itinerary with connecting flights, we would be eligible because of Folkerts v Air France (which I quoted in my letter). Do flights connecting through non-EU countries not count?

Or could it be because while all the flights were booked on the same itinerary, the first flight was operated by United and the second flight was operated by United Express?

Or are they just stalling?

I would very much appreciate any help or advice!

Caz3121

babybunny wrote: »

I would very much appreciate any help or advice!

Have a good read of this thread, especially the posts by lyndac40 - post #259 gives you a sample letter but you may still have to end up in court

babybunny

Caz3121 wrote: »

Have a good read of this thread, especially the posts by lyndac40 - post #259 gives you a sample letter but you may still have to end up in court

Many thanks, I will definitely use that wording in post 259 and am happy to go to court if necessary, but am I missing something?

Does Folkerts v Air France definitely apply to connecting flights through non-EU countries? I have read it and think it might, but can anyone confirm that?

And does it matter that the first flight was operated by United and the second by United Express, even though both were booked on the same itinerary? Again, I think it doesn't matter, but does anyone know?

I wish United had included more detail in their letter, I am trying to guess their defence!

Edited to add: Have re-read Lynda's posts and it seems to be an identical situation as mine.