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missed flight = lawsuit??


happy cruzer

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Were was his vacation insurance? Wouldn't that have covered him?

 

Btw, I am on this Delta flight out of Atlanta next year....

 

 

it depends on the cause for the delay. Most flight delay insurance has limits that are very low($500)....

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If everything the guy said is true, he doesn't deserve a dime. Rude service may be poor, but it does not mean he deserves any compensation.

 

I think he is upset that Delta would not board him when he arrived at the gate and the plane was still there, and the plane did not leave the gate until 20 minutes after he arrived.

 

There might also be a cause of action for negligent infliction of emotional distress. If a jury believes the airline's actions rose to that level, he could get an award.

 

It would be nice if we could see the actual lawsuit so we would know what the allegations actually are (rather than just guessing).

 

He might also argue that it was the airline's own negligence that resulted in his "ruined" vacation. It would be hard to prove, but still possible.

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I agree Greatam knows airlines. And I think everyone has shared a different view which I appreciate from everyone.

 

I'm just a little in the lawyer's corner because the airline has such an open contract. They just agree to put you on the next available flight. The whole situation is very hectic. They look at a screen and tell you a whole bunch of flight numbers and times and want you to decide NOW.

 

As I preach over and over-BEFORE you even get to the airport, KNOW what options you have. Reroutes that may include multiple stops, different airlines in the same alliance, etc. etc. ALL VERY VALUABLE info and absolutely necessary in today's airline environment. DON'T wait until they tell you a whole bunch of flight numbers. KNOW what you want and ask for those options.

 

 

So couldn't the passenger bill of rights give you a couple of rights like

 

The airline must get you to the destination in 48 hours?? with similar arrangements that you made.

 

The passenger bill of rights mostly dealt with leaving passengers on the tarmac at LIMITED airports (NYC primarily). And with the planes flying full, the American public still DEMANDING ULTRA cheap airfares and the airlines hurting big time, unless you are willing to take alternate routings and multiple stops, you may not be able to get to your destination on time. But remember, the object is to get to your cruise, vacation or business meeting. Alternative arrangements may not be as convenient or quite as fast. But you DID get there.

 

And they have to provide you your options in writing and give you an hour or two to decide which you want?

 

Again, NEVER leave home without alternate flights which MAY get you to your destination close to your original arrival time. DO NOT depend on the airlines to provide the routing. So no need for options from the airline-you should be more prepared than they are.

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I think he is upset that Delta would not board him when he arrived at the gate and the plane was still there, and the plane did not leave the gate until 20 minutes after he arrived.

 

There might also be a cause of action for negligent infliction of emotional distress. If a jury believes the airline's actions rose to that level, he could get an award.

 

It would be nice if we could see the actual lawsuit so we would know what the allegations actually are (rather than just guessing).

 

He might also argue that it was the airline's own negligence that resulted in his "ruined" vacation. It would be hard to prove, but still possible.

 

You and I don't know if the plane was full. they may have put standby passengers on it and didn't want to remove people who could have cause the same problem...as I said we don't have all the facts...

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Now, how do you know the lawyer found a seat on a foreign carrier??? If you are so good at figuring things out, how come you haven't won the lottery several times? :confused:

 

PS-he flew AeroLineas Argentina-a FOREIGN carrier

 

And I have won the lottery a couple of times-$25,000 in the Iowa lottery years ago and $10,000 in Powerball in 2003.

 

And I figure airline stuff out because it is my business. I do it nonstop 24/7-my highly perishable freight CANNOT sit on the tarmac or in a cargo container for very long or I have no freight. Most of my stuff flies on the same planes as cruise passengers.

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The airline must get you to the destination in 48 hours?? with similar arrangements that you made.

 

And they have to provide you your options in writing and give you an hour or two to decide which you want?

.

 

The 48 hours timeframe is a reasonable expectation, provided the delay is not caused by weather.

 

One has to understand that a flight does not operate in "vacuum" - that is, the plane is coming in from somewhere, and then fly to another somewhere - if the incoming flights do not happen, there are NO plane for the outgoing flights. That is why weather induced interruption can be so dramatic - basically the control center of each airline has to completely rework its flight maps and redirect planes once weather conditions improved - this is not simple task, understandably.

 

Likewise, when there are options offered, airlines cannot afford to give you an hour or 2 to think on the offer and then decide if you would take the re-routing. The airlines are simultaneously dealing with many displaced passengers at any given time (those passengers may not even be in the same airport you are at! but they could also try to use the same available seats as you do. ) The GA's goal is to get the affected passenger to his destination as soon as possible AND at the least cost. The GAs are at the first line of the battlefield. They do not have the luxury to spend a whole lot of time to research but to quickly look into the most possible re-routes. Therefore, the best defense a passenger has, is to arm with Plan B info - know your alternatives are, in case you miss your connections. Too often, GAs could only think on the usual routes, but a knowledgable passenger could provide the GA his Plan B and suggest the GA to look into that to find seat availability.

 

BTW, when a mis-connect is caused by irregular operation, that is when the elite status of an airline comes in handy, as well as membership of an airline lounge - for the agents who manned the top-tier desk phone line, and the agents who manned the counter at the lounges, usually are more knowledgeable in routings than the ordinary GAs. Plus, they do not work under as much pressure as the GAs do. They can look up information more thoroughly and thus more likely to find a solution. Oh, need I say that, they also tend to much more patient and polite when dealing with passengers.

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I agree the best thing would be for all flyers to be really saavy and have all their ducks in a row, know everything there is to know about their routes, the airline they are flying and the tickets they are flying on. Does anyone think this is the general public?? My point is there needs to be a realistic passenger right explained so that the general public is protected and knows what to expect. I don't think anyone ever expects it to be 8 days until they reach their destination even if it is caused by the fact that they don't want their family members seperated. They probably went through some expense and early planning to avoid flying seperately.

 

True weather could cause a ripple effect but I think many people feel the airlines are using every excuse to their advantage to make money.

 

Yes it would cost to have the passenger have the right to know what to expect when the changes happen. Every business has a cost of doing business and it is built in to the prices paid. Maybe this issue has reached a "tipping point" where a policy change will happen?

 

Thanks for the great discussion.

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Of course it is an assumption. BUT

 

I would sincerely doubt, in fact, I would bet quite a little bit of money that there was SOME seating on SOME routing to get everyone to BA, even during Xmas. Most likely, not all on the same flight nor the same routing, but one seat on this flight, two seats on that flight, etc. etc.

 

The family obviously found some flight on some airline that had five seats available. IF they would have split up, they most likely would have missed one day of vacation. There are several COPA flights per day, which would have gotten them into Panama City, Panama. Then numerous flights to Santiago, Lima, Rio on variety of airlines. At worst, they would have had to pay for one way flight from Santiago, Lima or Rio to BA.

 

Again, I will bet money that they did not want to split up, did not want an alternative routing, especially one with two or three stops and did not want to fly COPA, Avianca or AeroMexico. They most likely were VERY insistant-wanted the one stop in ATL, the nonstop to EZE ON DELTA and wouldn't settle for anything less.

 

This is the perfect example of having available alternative routings IN HAND when problems arise. The object of the game is to get to your destination. The routing or stops should not matter in the least if there are problems. Some people just don't realize that.

 

This story got me thinking more towards what would my family do if a situation like this presented itself. My first thoughts were ok we would have to be flexible and be willing to consider alternate flights. The one aspect of this that would be an issue is splitting us up. Now if we were able to split up into pairs of 2 we'd be fine BUT my oldest son would not be able to fly alone as he has Tourette's. If I found myself in a situation where our only choice would be to take single seats on seperate flights we'd have to pass on that. I would handle all of this much better than my dh who is of the mindset that once he pays for a service it "HAS" to be performed to his standards. I on the other hand realize things do happen and that there are absolutely no guarantees with flying, driving, taking the train, cruising or much of anything else in life. We as a society have become so focused on "ME" and what we perceive to be entitlements that once something does go wrong it just rolls downhill from there and any logical thinking is gone out the window.

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One has to understand that a flight does not operate in "vacuum" - that is, the plane is coming in from somewhere, and then fly to another somewhere - if the incoming flights do not happen, there are NO plane for the outgoing flights.

 

Several times, flights have shown "On Time" 20 minutes before departure and no aircraft at the gate. A quick check on a flight tracking site showed the inbound still 1 hour out. Either the airlines are lying, foolishly optimistic, or clueless!

 

Likewise, when there are options offered, airlines cannot afford to give you an hour or 2 to think on the offer and then decide if you would take the re-routing. The airlines are simultaneously dealing with many displaced passengers at any given time (those passengers may not even be in the same airport you are at! but they could also try to use the same available seats as you do. ) The GA's goal is to get the affected passenger to his destination as soon as possible AND at the least cost. The GAs are at the first line of the battlefield. They do not have the luxury to spend a whole lot of time to research but to quickly look into the most possible re-routes. Therefore, the best defense a passenger has, is to arm with Plan B info - know your alternatives are, in case you miss your connections. Too often, GAs could only think on the usual routes, but a knowledgable passenger could provide the GA his Plan B and suggest the GA to look into that to find seat availability.

 

Well said! If you tell the GA "Flight 123 connecting in DEN to Flight 456 works" you're saving the GA a lot of effort. Helping them help you is the best battle plan.

 

Another tactic is call the airline's reservation number while waiting line to get rebooked. They are not under as much pressure as the GA and have more solutions available than the GA. I usually get rebooked by the res center before I get to the head of the line.

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Several times, flights have shown "On Time" 20 minutes before departure and no aircraft at the gate. A quick check on a flight tracking site showed the inbound still 1 hour out. Either the airlines are lying, foolishly optimistic, or clueless!

 

 

 

Well said! If you tell the GA "Flight 123 connecting in DEN to Flight 456 works" you're saving the GA a lot of effort. Helping them help you is the best battle plan.

 

Another tactic is call the airline's reservation number while waiting line to get rebooked. They are not under as much pressure as the GA and have more solutions available than the GA. I usually get rebooked by the res center before I get to the head of the line.

 

I highly recommend doing this! The last time I was on a cancelled flight, I called while in line and had myself and my daughter rebooked on the next flight, which was the next day. By the time we reached the front of the line, the only flight I would have been able to get was three days out.

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Several times, flights have shown "On Time" 20 minutes before departure and no aircraft at the gate. A quick check on a flight tracking site showed the inbound still 1 hour out. Either the airlines are lying, foolishly optimistic, or clueless!
It's actually more to do with systems not being linked to each other at many airports, and information having to be entered manually into the systems that display information at the gate.

 

If you have Internet access, the best way of finding out whether the gate display is correct is to go to the airline website, as most airlines display information there that is taken directly from the operations computers.

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