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If I Sue An Airline Will I Be Able To Fly It Again  
User currently offlineCoolGuy From United States of America, joined Jan 2005, 414 posts, RR: 0
Posted (6 years 8 months 6 days 16 hours ago) and read 5689 times:

For example, if I was forced to pay a cancellation fee even though a ticket was issued in error and I sue in small claims court for damages equal to the cancellation fee, would I still be able to purchase a ticket and fly on that airline? Can someone be banned from an airline for suing the airline to adhere to a contract?

I wouldn't fly the airline again if I had a choice, but as we all know, some airlines have a monopoly on certain routes.

8 replies: All unread, jump to last
 
User currently offlineOHLHD From Finland, joined Dec 2004, 3962 posts, RR: 25
Reply 1, posted (6 years 8 months 6 days 15 hours ago) and read 5679 times:

Very much depending on how high your claim is and if the claim is justified IMO . If you are talking about a cancellation fee were are probably talking about 100 to 200 USD. The question should be rather if it is worth suing them?

I do not believe they will black list you but it might be.

You should try it and tell us. Big grin


User currently offlineKhelmDTW From United States of America, joined Jun 2007, 269 posts, RR: 0
Reply 2, posted (6 years 8 months 6 days 14 hours ago) and read 5662 times:



Quoting CoolGuy (Thread starter):
For example, if I was forced to pay a cancellation fee even though a ticket was issued in error and I sue in small claims court for damages equal to the cancellation fee, would I still be able to purchase a ticket and fly on that airline? Can someone be banned from an airline for suing the airline to adhere to a contract?

If I remember hearing right, Businesses like Airlines don't do small claims court. I think it goes to Litigation. I could be REALLY wrong on this, but that is what I've heard.



In Thrust We Trust
User currently offlineBurnsie28 From United States of America, joined Aug 2004, 7553 posts, RR: 8
Reply 3, posted (6 years 8 months 6 days 14 hours ago) and read 5660 times:



Quoting OHLHD (Reply 1):
Very much depending on how high your claim is and if the claim is justified IMO . If you are talking about a cancellation fee were are probably talking about 100 to 200 USD. The question should be rather if it is worth suing them?

Agreed, its not worth the cost in small claims court for just about anything under 1000 according to a attorney. However, chances are they might possibly black list you.



"Some People Just Know How To Fly"- Best slogan ever, RIP NW 1926-2009
User currently offlineCoolGuy From United States of America, joined Jan 2005, 414 posts, RR: 0
Reply 4, posted (6 years 8 months 5 days 16 hours ago) and read 5546 times:



Quoting Burnsie28 (Reply 3):
However, chances are they might possibly black list you.

So basically if you don't follow the Contract of Carriage, you can be sued from the airline for breach of contract, but apparently if the airline doesn't follow its own Contract of Carriage, there is, in practice, no recourse (if you still wish to use that airline due to its monopoly on certain routes).


User currently offlineOHLHD From Finland, joined Dec 2004, 3962 posts, RR: 25
Reply 5, posted (6 years 8 months 4 days 9 hours ago) and read 5451 times:

I think that maybe you can get your money even through a court, based on the CoC and they pay with a smile but the very same day they blacklist you.

I feel with you about some very much annoying cancelation fees but if you travel on a monopol flown route maybe it is not worth it.

Keep us updated on your decision.  Smile


User currently offlineFlyboy36y From United States of America, joined Mar 2000, 3039 posts, RR: 7
Reply 6, posted (6 years 8 months 3 days 20 hours ago) and read 5412 times:

Have you talked to a supervisor? Have you mailed a certified letter to customer service calmly expalining your claim?

User currently offlineCoolGuy From United States of America, joined Jan 2005, 414 posts, RR: 0
Reply 7, posted (6 years 8 months 3 days 16 hours ago) and read 5388 times:



Quoting OHLHD (Reply 5):
Keep us updated on your decision.

I have nothing planned. As you've seen in the news, from friends, and from others on a.net, there have been issues that could very well require legal action. Just search for it online. So my only question is, who gets blacklisted (besides people that throw items at flight attendants, criminals, etc.)


User currently offlineOHLHD From Finland, joined Dec 2004, 3962 posts, RR: 25
Reply 8, posted (6 years 8 months 3 days 15 hours ago) and read 5381 times:



Quoting CoolGuy (Reply 7):
I have nothing planned. As you've seen in the news, from friends, and from others on a.net, there have been issues that could very well require legal action

That is true but from my experience from doing 4 years baggage claims is that what ever gets into court is just positive for the lawyers as they get a lot of money for bringing the claim trough. However there are cases known to me that airlines sometimes rather pay some amount towards the passenger to avoid negative press. This only happens when the airline knows or assumes that something could have been wrong.

For the future I can only advise you to have a travel insurance that covers cancellation fees. I do not know how common this is in the States but it is becoming more and more interesting for EU people. From my experience insurances are much more hassle free then the airline itself.

Quoting CoolGuy (Reply 7):
So my only question is, who gets blacklisted

Most of the time unruly, drunk, intoxicated and misbehaving passengers get blacklisted. Also passengers caught with forged tickets, people openly bashing the airline ( through media etc)


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