Flight Cancellation - Alternative Flight Sought - Can I still Claim?

mattnufc1

Hi Forum members,

Have read recent post on compensation for flight delays but couldn't make out where my scenario felt. Interested to hear if I have grounds to make a claim.

Apologies, in advance, for the following detailed (but shortened!!) account but detail is important to my query here.

On 22 Feb, my partner and I were due to fly from San Francisco to New York @ 0900 with American Airlines. We were supposed to catch a connecting flight (with a different operator - Delta KLM) from New York, also on 22 Feb @ 2230 back to Heathrow.

Upon check-in in San Francisco, we were informed that our flight had not arrived, and therefore cancelled, due to extreme weather conditions in New York. Were were further informed that there were no other alternative flights available to New York that day, either due to weather or no space available.

The next available flight offered was 0900 on 23 Feb (more than 24 hrs). However, the next available flight was a 13-hr trip to New York, via Los Angeles. Furthermore, it would not arrive at New York to allow us enough time to catch a (rescheduled 24-later) Delta KLM flight from New York to Heathrow.

This would have meant:
- paying for 1-night extra accommodation in San Francisco (+ transportation to/from)
- having to reschedule Delta KLM flight for 48 hours later (due to not having enough turnaround time) & incurring KLM penalty of £133 each. Therefore...
- paying for 1-night extra accommodation in New York (+transportation to/from)
- sustenance for a further 2 days
- forced to request an additional 2 days off work

Because of the above (and common sense!), my partner and I booked a completely new flight with British Airways, flying direct from San Francisco to Heathrow on our original departure date (22 Feb @ 2000). This would negate all of the negative impacts outlined above. The new flight cost $1,700, in total, for the two of us. We eventually arrived at Heathrow at 1400 on 23 Feb, 3.5-4 hrs later than if our planned itinerary had run according to plan.

I spoke to my travel insurance provider (Aviva), who informed me that:
a.) I was unable to make a claim for UNUSED costs (i.e. the cancelled American Airlines flight from San Francisco and missed Delta KLM flight from New York)
b.) I was able to make a claim for ADDITIONAL costs incurred, assuming appropriate evidence provided (i.e. the cost of British Airways flight booked).

A detailed travel claim, with supporting evidence, has been submitted to Aviva and I am awaiting a response.

In parallel to this, I was hoping to write to American Airlines to claim some compensation of some kind (even just the tax paid for the cancelled flight). I feel particularly compelled to do so, given that American Airlines at no point provided, or offered, assistance with finding accommodation transport in light of the delay.

The only thing they did propose, at the time, was to offer an alternative American Airlines flight, from San Francisco, via Los Angeles, to Heathrow. This would have departed on 21 Feb at least 24 hrs after our original departure.

The above proposal was made on the proviso that KLM would have to agree to endorse the New York - Heathrow part of the journey over to American Airlines. This resulted in a ridiculous few hours whereby my partner and I were running between terminals and check-in desks in an attempt to persuade KLM to accept American Airlines offer, ensuring our return to the UK. Needless to say, they didn't accept. This resulted in us having to take the course of action outlined previously.

Appreciate this is a convoluted situation and the fact that our journey was composed of 2 flights with 2 different operators adds an additional level of complexity.

Can somebody attempt to advise/identify what I can claim for? Am I likely to get anything back from American Airlines considering I rejected their next available flight and purchased a completely new ticket?

A claim has been sent to Aviva to claim for additional costs incurred.

The American Airlines flight was purchased on my credit card (Barclaycard Freedom Rewards). Can I claim anything via this channel?

I appreciate that I will not be reimbursed for the KLM flight from new York - Heathrow due to it essentially being a no-show (because we couldn't get there, at least not within 48 hours!!).

Any advice would be most welcome. Appreciate the time you have taken to read this account.

Regards

Caz3121

EU261 does not apply in this case as it is a non-EU carrier for a delay outside the EU.
It sounds like you were on separate tickets which always carries a risk
from what I can gather
AA ticket from SFO-NYC
separate DL ticket from NYC to LON
AA flight cancelled due to the weather and the next flight with available seats they could re-accommodate you on was not for some time
AA agreed to get you all the way to LON if DL endorsed your NYC-LON ticket over to them which DL would not do so AA could not get you any further than NYC as on your ticket
It is likely DL chose not to endorse is that they felt that they were not in any way responsible for this and chose not to pay AA (endorsing the ticket would either have been DL agreeing to pay AA the value of the ticket or agreeing the pay a higher value). It may also be that the fare rules of the ticket you had stated in was non-endorsable

If you are being reimbursed by the insurance for your additional costs you will have had no financial loss, I would expect that anything back on the original ticket may result on your insurance claim being reduced as your "additional" expense would now be lower.
eg
original flights £1000. return not used and additional flight purchased £1200. Insurance to reimburse the additional £1200 so your outlay is the original £1000
original flights £1000. return not used and additional flight purchased £1200. Airline refund £200 so the additional expense is now £1000 Insurance to reimburse the additional £1000 (airline the £200) so your outlay is the original £1000

If you manage to get anything back from AA for the flight you didn't take you should advise your insurers so they can reduce the "additional costs" reimbursement

Alan_Bowen

US based carriers do not consider weather to be their fault and as EU261 doesn't apply, they normally offer no assistance by way of meals or accommodation when flights are cancelled. KLM do not fly direct from NYC to Heathrow, so unless you were flying via Amsterdam, this would have been an actual Delta flight,, so EU261 wouldn't have applied in respect of the second flight either.

There are a number of lessons for others here, travelling via the East Coast or indeed Chicago, is risky in winter if you don't need to, flying with different airlines on different sectors unless they are part of the same airline alliance is also dangerous as they will not talk to each other to find a solution in most cases, and flying with US based as opposed to EU airlines means there is not even a duty of care to look after you when delays occur that are outside the airline's control such as weather.