Expert: Roberto Gomes - 12/13/2006

Question
Mr. Gomes,

I read the response to a previous question on overbooking here:

http://experts.about.com/q/Air-Travel-2709/Overbooking.htm

It was very informative, but I was still wondering on how to ask the airlines for compensation.  I have written a letter to American Airlines and they feel as though they have done all they could for me.  They replied with an explanation of their rules and I still did not understand how we could be 2 of the bottom 3 on the priority list.

Here is my situation:

Last June, me and my girlfriend had a flight from CA to FL in coach.  We arrived at the airport at 10 PM, several hours before the flight, and were one of the first ones to arrive at the gate.  An hour before boarding, American Airlines representatives started to ask people if they would voluntarily stay the night and take a flight out the next morning.  They first offered $300 vouchers, but when no one accepted, they offered $400.  After waiting for a while, they forced certain customers to stay.  I asked for a hotel and they said that everything nearby (in San Francisco) was totally booked.  I complained further, but we eventually took the vouchers and the blankets they offered and went to sleep near a different gate.  Needless to say, we had a horrible night of sleep, missed out on a day of vacation, and feel abused by American Airlines.

Some people and AA might feel that a $400 voucher is generous, but I don't have the chance to travel much, and the experience left me bitter for the beginning of my vacation.  It has been 6 months and I still haven't used the voucher.

Is it reasonable for me to request $500 cash instead of redeeming my voucher?  The $400 voucher is non-transferable.  I feel like $500 is more than reasonable to cover the voucher and whatever bitterness the bumping caused us.  

Answer
Dear Wiston,

In the answer to the previous question I mentioned ...

"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 using the travel voucher), you will probably lose the right to demand more money from the airline later on.  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."

So due to the period that you made your flight you lost the right to "negotiate" with the airline.

I recommend that you hire a lawyer to deal with this, but in my opinion the amount that you are asking will pay "one hour" of your defendant. No airline can force you to stay.

Best Regards,
R. Gomes