this post was submitted on 09 Apr 2024
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I saw in a flight that the airline mistakenly sold the same seat twice, two persons were fighting for the same seat, and when the stewardess came to review, she saw the error, the flight was oversold and the second man needed to leave the plane.
They don't do that mistakenly. They just realized most of the time a few passengers don't show up so overselling makes sense to keep the plane full.
If that happens to you in the EU, you are entitled to compensation, regardless of what the airline says. Know your rights!
I think it's the same in america. But yeah, the airlines will of course try to wriggle out of this
This happened to me once, on a flight from JFK to Columbus OH. I was pissed because I had traveled the last 22 hours to get out of southern France back to the states, and then got kicked from my final little flight home. They gave me $200 to their airline (Delta) that had an expiration date, and a room at DoubleTree to take me back to the airport next day.
I couldn't afford another trip after that so they canceled my $200 coupon after a year. So, yeah, you get compensated, I guess
You were scammed. You were owed cash.
Yes, the rule for involuntary bumping is:
1-2hr delay: 2x ticket price up to $775
2+hr delay: 4x ticket price up to $1550
It must be paid out at the airport, or within 24hr at the latest.
They are required to give you a written statement of your rights, though in my experience they usually "forget" and you have to go and assert your rights.
Airlines are well aware of these rules, and unfortunately there is no compensation if they involuntarily bump you onto an earlier flight, so I've had to take some flights before at the asscrack of dawn due to bumping.
How do they bump you to an earlier flight? You turn up for the flight you have a ticket for and they tell you your plane left 2 hours ago?
Good question, actually it all happened a few days before I even got to the airport, so I was aware which flight I was supposed to take. I don't think that really technically counts as "denied boarding" but it seems like they probably did it because my original flight was very oversold.
This is in the US? I had a few friends get fucked with last moment cancellations for my birthday trip to Vegas and the airlines didn’t do shit. One, Frontier, had to be strong armed to get them on another flight and still charged them the premium for the new flight.
Yes, it is in the US. It's in the federal aviation regulations: 14 CFR part 250. There is a link to the regulation at the bottom of this article from the DOT:
https://www.transportation.gov/individuals/aviation-consumer-protection/bumping-oversales
Just going to make it very clear though, there's big differences between being denied boarding (bumped due to overselling), a flight being delayed, and a flight being canceled. Each is its own situation.
There is no legal requirement for compensation if a flight is delayed. If the flight is canceled entirely then you are owed a refund of what you paid. There's no law requiring the airline to rebook you or pay for accommodations or alternate transportation in any situation. What the airline will do in situations outside of "bumping" mostly follows the contract of carriage and their customer service policies / discretion (in my experience customer service agents can have a lot of discretion especially if they're not busy and you ask nicely).
Since you said your friends' flights were canceled, not that they were bumped (denied boarding), basically only the contract of carriage applies (and any relevant tort law). Also, just in general, Frontier is a low cost carrier, and when you fly with them you have to understand that they do not provide the same level of service as other carriers. In exchange, you get a lower price. For example, their contract of carriage says nothing about ground accommodation due to unforseen circumstances, while other airlines have clauses about paying for hotels and other forms of transportation.
That being said, Frontier does agree to rebook you on a Frontier flight in the following circumstances:
IANAL, but it sounds like your friends could probably still request a refund of the premium that they paid, since Frontier was contractually bound to transport them at no additional charge. If Frontier refuses, then it sounds like it could be a good fit for small claims court.
It's always worth knowing your rights and the legal background when you're dealing with companies, especially when they are as profit-driven and operate at as low a margin as the airline industry does. Note that even in Frontier's contract, the burden is on you to request a refund. Airlines will basically do anything possible to not pay money if they can help it, even if it means sometimes "forgetting" about federal law when it comes to bumping.
On the other hand, you can also benefit by being able to recognize when an airline is not required to do something, but does it anyways out of goodwill. For example, when I got bumped onto the earlier flight, they called me up offering me something like 25k points for the inconvenience. I tried to negotiate higher, but they refused, so I accepted the 25k points understanding that I had no leverage because they weren't actually obligated to offer me anything.
Ah that all makes sense.
Cancellations in particular suck, and are one reason I don’t fly budget airlines when possible. It nearly ruined the trip for my friends when they couldn’t get a flight out that night and put a damper on my birthday weekend for sure. I might mention to them the policy you pasted and see if they want to do anything about the extra few hundred they spent.
Thanks for the informative and high effort reply too! Really appreciate it.
Here is a link to Frontier's current contract of carriage, though note that it's effective 2/19/24 and I don't know what it looked like before that.
https://f9prodcdn.azureedge.net/media/9690/cs_coc.pdf
Well, our trip was in March so that’s perfect!
I remember a scandal in Germany some years back, where it was reported that people on the airline call centres were instructed to wrongly tell customers that they weren't entitled to compensation, and to only pay out when they where under threat of being sued. Dunno whether that improved.
I heard people complaining a lot about Wizz Air.
I usually fly with KLM, and they have been always fast and good with this.