Denied boarding on Air Canada flight from US

Timothea

Hi

I realise that 99.9% of compensation claims discussed here are based on EU law. I just wonder if anyone has successfully claimed under US 14 CFR 250 after being denied boarding in the US.

My situation is that, last summer, myself and three other adult family members were booked on Air Canada from Boston to London Heathrow via Ottawa. The outbound reservations were booked with and operated by Air Canada. Strangely, the return reservations were booked with United Airlines but operated by Air Canada (code share). We all had confirmed reservations and valid tickets. I was the lead passenger and I paid for all the tickets.

We arrived at the Air Canada check-in desks in Boston three hours before our flight was due to depart, only to be told that we were not on the check-in system and that our flight was full! The Air Canada agents then located our valid tickets and reservations on the booking system and tried to book us on another flight to London. However, it was the last weekend of the summer holidays and all the flights that night to London from the Eastern USA and Canada were full.

To cut a very long story short, we were flown to Toronto, had to make our own hotel arrangements, before arriving in London a day late and without our baggage.

Afterwards, I did some research and found that the USA has its own rules for compensating passengers who are involuntarily bumped off a flight when holding valid tickets and confirmed reservations. These rules are known as US 14 CFR 250 and specify that passengers must immediately be compensated up to four times the ticket's value. In our case, we should have been paid the maximum amount of USD 1,300 each ($5,200 in total).

Needless to say, airlines ignore these rules whenever they can. I complained to Air Canada but they refused to budge. It now looks like my only option is to sue Air Canada in the English small claims court.

I am looking for any advice about:

• Application of US 14 CFR 250 rules.
• Claiming in this country for this type of event
• Whether also to claim against the travel agent who booked our flights with United Airlines rather than directly with Air Canada

Timothea

Armorica

I'm afraid I'm not familar with the US claims rules but have you already seen:
http://www.aircanada.com/en/customercare/int/united_kingdom.html (UK address that could potentially be used for court documents)
http://www.aircanada.com/en/about/customer/index.html#faq:20-* specifically the question about overbooking with which your experience obviously isn't consistent

Timothea

Thanks, Armorica.

I have been through all the policies and channels with Air Canada. They listened for a while, but would not provide any information and ended up telling us to go away.

The thing about these US compensation rules is that, unlike the CAA, the US Department of Transportation provides no support or adjudication services to passengers who have been fleeced by the airlines. Your only recourse to to go to court. This is the American way.

Anyway, my booking was made in England with an English travel agent, and Air Canada operates in England (at Heathrow). Furthermore, Air Canada's Conditions of Carriage include terms stating that they will compensate passengers under US 14 CFR 250. For these reasons, I believe that this compensation is enforceable in the English courts.

Timothea

NoviceAngel

I would advise posting in the relevant airline thread 'non EU'

You should get the correct advice in there - I don't know the answer

NoviceAngel

Timothea wrote: »

unlike the CAA, the US Department of Transportation provides no support or adjudication services to passengers who have been fleeced by the airlines.

There is one thing I'll pick up on though - it would appear that your US Department is EXACTLY like our CAA!:rotfl:

Timothea

NoviceAngel wrote: »

EXACTLY like our CAA!

I was not aware that the CAA was useless. Perhaps the American way is better. At least they don't pretend to provide a service!

NoviceAngel

Spot on Timotha, it was a good well written first post, hope someone with more specialist knowledge can help you out, now your question is in the right place