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Joined: 28 Jun 2005
Posts: 2014
Location: New York
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 Posted: Sun Jul 29, 2007 3:43 pm Post subject: |
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kptoys,
Sorry to hear about your experience, and hope it is satisfactorily resolved.
However, to ensure accurate information for all our members, rather than relying on anecdotal sources or experiences, I checked the US Dept. of Transportation's website : "A Consumer Guide to Air Travel", portions of which are quoted below:
To be bumped from a flight is to be denied a seat on a plane when you have a confirmed reservation. It results from overbooking, an airline practice designed to fill the empty seats that absent passengers leave behind. The more popular a route, the more likely the flight is to be oversold. Although not applicable in your described situation, keep in mind, passengers ticketed on flights cancelled due to bad weather are not eligible for bumping benefits.
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DELAYED AND CANCELED FLIGHTS
Airlines don't guarantee their schedules, and you should realize this when planning your trip. There are many things that can-and often do-make it impossible for flights to arrive on time. Some of these problems, like bad weather, air traffic delays, and mechanical repairs, are hard to predict and beyond the airlines' control. If your flight is delayed, try to find out how late it will be. But keep in mind that it is sometimes difficult for airlines to estimate the total duration of a delay during its early stages. In so- called "creeping delays," developments occur which were not anticipated when the carrier made its initial estimate of the length of the delay. Weather that had been forecast to improve can instead deteriorate, or a mechanical problem can turn out to be more complex than initially determined. If the problem is with local weather or air traffic control, all flights will probably be late and there's not much you or the airline can do to speed up your departure. If there's a mechanical problem with the plane for your particular flight or if the crew is delayed on an incoming flight, you might be better off trying to arrange another flight, as long as you don't have to pay a cancellation penalty or higher fare for changing your reservations. (It is sometimes easier to make such arrangements from a pay phone than at a ticket counter.) If you find a flight on another airline, ask the first airline to endorse your ticket to the new carrier; this could save you a fare increase. Remember, however, that there is no rule requiring them to do this. If your flight is canceled, most airlines will rebook you on the first flight of theirs to your destination on which space is available, at no additional charge. If this involves a significant delay find out if another carrier has space, and ask the first airline to endorse your ticket. Finding extra seats may be difficult, however, especially over holidays and other peak travel times.
Each airline has its own policies about what it will do for delayed passengers waiting at the airport; there are no federal requirements. If you are delayed, ask the airline staff if they will pay for meals or a phone call. Some airlines, often those charging very low fares, do not provide any amenities to stranded passengers. Others may not offer amenities if the delay is caused by bad weather or something else beyond the airline's control. Contrary to popular belief, airlines are not required to compensate passengers whose flights are delayed or canceled. [emphasis added]. As discussed in the chapter on overbooking, compensation is required by law only when you are "bumped" from a flight that is oversold. Airlines almost always refuse to pay passengers for financial losses resulting from a delayed flight. If the purpose of your trip is to close a potentially lucrative business deal, to give a speech or lecture, to attend a family function, or to be present at any time-sensitive event, you might want to allow a little extra leeway and take an earlier flight. In other words, airline delays and cancellations aren't unusual, and defensive counter- planning is a good idea when time is your most important consideration. When booking your flight remember that a departure early in the day is less likely to be delayed than a later flight, due to "ripple" effects throughout the day. Also, if an early flight does get delayed or canceled, you have more rerouting options. If you book the last flight of the day and it is canceled, you could get stuck overnight. You may select a connection (change of planes) over a nonstop or direct flight because of the convenient departure time or lower fare. However, a change of planes always involves the possibility of a misconnection. If you have a choice of connections and the fares and service are equivalent, choose the one with the least-congested connecting airport, so it will be easier to get to your second flight. You may wish to take into consideration the potential for adverse weather if you have a choice of connecting cities. When making your reservation for a connection, always check the amount of time between flights. Ask yourself what will happen if the first flight is delayed; if you don't like the answer, pick another flight or ask the agent to "construct" a connection that allows more time.
OVERBOOKING
Overbooking is not illegal, and most airlines overbook their scheduled flights to a certain extent in order to compensate for "no-shows." Passengers are sometimes left behind or "bumped" as a result. When an oversale occurs, the Department of Transportation (DOT) requires airlines to ask people who aren't in a hurry to give up their seats voluntarily, in exchange for compensation. Those passengers bumped against their will are, with a few exceptions, entitled to compensation.
Voluntary bumping
Almost any group of airline passengers includes some people with urgent travel needs and others who may be more concerned about the cost of their tickets than about getting to their destination on time. Our rules require airlines to seek out people who are willing to give up their seats for some compensation before bumping anyone in- voluntarily. Here's how this works. At the check-in or boarding area, airline employees will look for volunteers when it appears that the flight has been oversold. If you're not in a rush to arrive at your next destination, you can give your reservation back to the airline in exchange for compensation and a later flight. But before you do this, you may want to get answers to these important questions:
When is the next flight on which the airline can confirm your seat? The alternate flight may be just as acceptable to you. On the other hand, if they offer to put you on standby on another flight that's full, you could be stranded.
Will the airline provide other amenities such as free meals, a hotel room, phone calls, or ground transportation? If not, you might have to spend the money they offer you on food or lodging while you wait for the next flight.
DOT has not said how much the airline has to give volunteers. This means carriers may negotiate with their passengers for a mutually acceptable amount of money-or maybe a free trip or other benefits. Airlines give employees guidelines for bargaining with passengers, and they may select those volunteers willing to sell back their reservations for the lowest price. If the airline offers you a free ticket, ask about restrictions. How long is the ticket good for? Is it "blacked out" during holiday periods when you might want to use it? Can it be used for international flights? Most importantly, can you make a reservation, and if so, how far before departure are you permitted to make it?
Involuntary bumping
DOT requires each airline to give all passengers who are bumped involuntarily a written statement describing their rights and explaining how the carrier decides who gets on an oversold flight and who doesn't. Those travelers who don't get to fly are frequently entitled to an on-the-spot payment of denied boarding compensation. The amount depends on the price of their ticket and the length of the delay:
If you are bumped involuntarily and the airline arranges substitute transportation that is scheduled to get you to your final destination (including later connections) within one hour of your original scheduled arrival time, there is no compensation.
If the airline arranges substitute transportation that is scheduled to arrive at your destination between one and two hours after your original arrival time (between one and four hours on international flights), the airline must pay you an amount equal to your one-way fare to your final destination, with a $200 maximum.
If the substitute transportation is scheduled to get you to your destination more than two hours later (four hours internationally), or if the airline does not make any substitute travel arrangements for you, the compensation doubles (200% of your fare, $400 maximum).
You always get to keep your original ticket and use it on another flight. If you choose to make your own arrangements, you can request an "involuntary refund" for the ticket for the flight you were bumped from. The denied boarding compensation is essentially a payment for your inconvenience.
Like all rules, however, there are a few conditions and exceptions:
To be eligible for compensation, you must have a confirmed reservation. An "OK" in the Status box of your ticket qualifies you in this regard even if the airline can't find your reservation in the computer, as long as you didn't cancel your reservation or miss a reconfirmation deadline.
You must meet the airline's deadline for buying your ticket. Discount tickets must usually be purchased within a certain number of days after the reservation was made. Other tickets normally have to be picked up no later than 30 minutes before the flight.
In addition to the ticketing deadline, each airline has a check-in deadline, which is the amount of time before scheduled departure that you must present yourself to the airline at the airport. For domestic flights most carriers have a deadline of 10 minutes before scheduled departure, but some can be an hour or longer. (Many airlines require passengers with advance seat assignments to check in 30 minutes before scheduled departure, even if they already have advance boarding passes. If you miss this deadline you may lose the specific seats you were promised, although not the reservation itself.) Check-in deadlines on international flights can be as much as three hours before scheduled departure time, due partially to security procedures. Some airlines may simply require you to be at the ticket/baggage counter by this time; most, however, require that you get all the way to the boarding area. If you miss the ticketing or check-in deadline, you may have lost your reservation and your right to compensation if the flight is oversold.
As noted above, no compensation is due if the airline arranges substitute transportation which is scheduled to arrive at your destination within one hour of your originally scheduled arrival time.
If the airline must substitute a smaller plane for the one it originally planned to use, the carrier isn't required to pay people who are bumped as a result.
The rules do not apply to charter flights, or to scheduled flights operated with planes that hold 60 or fewer passengers. They don't apply to international flights inbound to the United States, although some airlines on these routes may follow them voluntarily. [emphasis added] Also, if you are flying between two foreign cities-from Paris to Rome, for example-these rules will not apply. The European Community has a rule on bumpings that occur in an EC country; ask the airline for details, or contact DOT.
The most effective way to reduce the risk of being bumped is to get to the airport early. On oversold flights the last passengers to check in are usually the first to be bumped, even if they have met the check-in deadline. Allow extra time; assume that the airport access road is backed up, the parking lot is full, and there is a long line at the check-in counter. However, if you arrive so early that your airline has another flight to your destination leaving before the one that you are booked on, either switch to the earlier flight or don't check your bag until after the first flight leaves. If you check your bag right away, it might get put on the earlier flight and remain unattended at your destination airport for hours. Airlines may offer free transportation on future flights in place of a check for denied boarding compensation. However, if you are bumped involuntarily you have the right to insist on a check if that is your preference. Once you cash the check (or accept the free flight), you will probably lose the right to demand more money from the airline later on. However, if being bumped costs you more money than the airline will pay you at the airport, you can try to negotiate a higher settlement with their complaint department. If this doesn't work, you usually have 30 days from the date on the check to decide if you want to accept the amount of the check. You are always free to decline the check and take the airline to court to try to obtain more compensation. The government's denied boarding regulation spells out the airlines' minimum obligation to people they bump involuntarily. Finally, don't be a "no-show." If you are holding confirmed reservations you don't plan to use, notify the airline. If you don't, they will cancel all onward or return reservations on your trip. |
Below is a quote from the same US DOT booklet regarding an airlines' contract of carriage:
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CONTRACT TERMS
Throughout this booklet, we have tried to provide you general information about airline travel. It is important to realize, however, that each airline has specific rules that make up your contract of carriage. These rules may differ among carriers. They include provisions such as check-in deadlines, refund procedures, responsibility for delayed flights, and many other things.
Domestic Travel
For domestic travel, an airline may provide all of its contract terms on or with your ticket at the time you buy it. Many small "commuter" carriers use this system. Other airlines may elect to "incorporate terms by reference." This means that you are not given all the airline's rules with your ticket-most of them are contained in a separate document which you can inspect on request. If an airline elects to "incorporate by reference" it must provide conspicuous written notice with each ticket that: 1) it incorporates terms by reference, and 2) these terms may include liability limitations, claim-filing deadlines, check-in deadlines, and certain other key terms. The airline must also:
Ensure that passengers can receive an explanation of key terms identified on the ticket from any location where the carrier's tickets are sold, including travel agencies;
Make available for inspection the full text of its contract of carriage at each of its own airport and city ticket offices;
Mail a free copy of the full text of its contract of carriage upon request.
There are additional notice requirements for contract terms that affect your air fare. Airlines must provide a conspicuous written notice on or with the ticket concerning any "incorporated" contract terms that:
Restrict refunds;
Impose monetary penalties; or
Permit the airline to raise the price after you've bought the ticket.
If an airline incorporates contract terms by reference and fails to provide the required notice about a particular rule, the passenger will not be bound by that rule.
International Travel
Not all of the detailed requirements for disclosing domestic contract terms apply to international travel. Airlines file "tariff rules" with the government for this transportation. Passengers are generally bound by these rules whether or not they receive actual notice about them. Every international airline must keep a copy of its tariff rules at its airport and city ticket offices. You have a right to examine these rules. The airline agents must answer your questions about information in the tariff, and they must help you locate specific tariff rules, if necessary. If the airline keeps its tariff in a computer rather than on paper, there are additional disclosure requirements which are similar to those for domestic contract terms. The most important point to remember, whether your travel is domestic or international, is that you should not be afraid to ask questions about a carrier's rules. You have a right to know the terms of your contract of carriage. It is in your best interest, as well as that of the airline, for you to ask in advance about any matters of uncertainty. |
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COMPLAINING
When passengers comment on airline service, most airlines do listen. They analyze and keep track of the complaints and compliments they receive and use the information to determine what the public wants and to identify problem areas that need special attention. They also try to resolve individual complaints. Like other businesses, airlines have a lot of discretion in how they respond to problems. While you do have some rights as a passenger, your demands for compensation will probably be subject to negotiation and the kind of action you get depends in large part on the way you go about complaining. Start with the airline. Before you call or write to DOT or some other agency for help with an air travel problem, you should give the airline a chance to resolve it. As a rule, airlines have trouble-shooters at the airports (they're usually called Customer Service Representatives) who can take care of many problems on the spot. They can arrange meals and hotel rooms for stranded passengers, write checks for denied boarding compensation, arrange luggage repairs and settle other routine claims or complaints
If you can't resolve the problem at the airport and want to file a complaint, it's best to call or write the airline's consumer office at its corporate headquarters. Take notes at the time the incident occurs and jot down the names of the carrier employees with whom you dealt. Keep all of your travel documents (ticket receipts, baggage check stubs, boarding passes, etc.) as well as receipts for any out-of-pocket expenses that were incurred as a result of the mishandling. Here are some helpful tips should you choose to write a letter.
Type the letter and, if at all possible, limit it to one page in length.
Include your daytime telephone number (with area code).
No matter how angry you might be, keep your letter businesslike in tone and don't exaggerate what happened. If the complaint sounds very vehement or sarcastic, you might wait a day and then consider rewriting it.
Describe what happened, and give dates, cities, and flight numbers or flight times.
Send copies, never the originals, of tickets and receipts or other documents that can back up your claim.
Include the names of any employees who were rude or made things worse, as well as anyone who might have been especially helpful.
Don't clutter up your complaint with petty gripes that can obscure what you're really angry about.
Let the airline know if you've suffered any special inconvenience or monetary losses.
Say just what you expect the carrier to do to make amends. An airline may offer to settle your claim with a check or some other kind of compensation, possibly free transportation. You might want a written apology from a rude employee or reimbursement for some loss you incurred-but the airline needs to know what you want before it can decide what action to take.
Be reasonable. If your demands are way out of line, your letter might earn you a polite apology and a place in the airline's crank files.
If you follow these guidelines, the airlines will probably treat your complaint seriously. Your letter will help them to determine what caused your problem, as well as to suggest actions the company can take to keep the same thing from happening to other people.
Contacting the Department of Transportation
If you want to put your complaint about an airline on record with DOT, you can call the Aviation Consumer Protection Division at (202) 366-2220 to record your complaint. Or write:
Aviation Consumer Protection Division, C-75
U.S. Department of Transportation
400 Seventh Street, S.W.
Washington, D.C. 20590
If you write, please be sure to include your address and a daytime telephone number, with area code. Letters from consumers help us spot problem areas and trends in the airline industry. We use our complaint files to document the need for changes in DOT's consumer protection regulations and, where warranted, as the basis for enforcement action. In addition, every month we publish a report with information about the number of complaints we receive about each airline and what problems people are having. You can write or call us for a free single copy of this Air Travel Consumer Report, which also has statistics that the airlines file with us on flight delays, oversales and mishandled baggage. |
Although I was unable to locate CA's contract of carriage on their website, I suspect you can obtain a copy of same by contacting them directly in writing. I'd also recommend you keep copies of all written communications, rather than merely calling, so you will have a record, should you be unable to resolve the dispute.
Good Luck and let us know of the resolution, so as to assist all our members should they encounter a similar experience.
jpep |
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FAQ
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