You have only to read the correspondence columns in the specialist business travel
magazines each month to see what a fashionable occupation it is to complain
about airline services. Some people seem to enjoy writing letters of complaint so
much that they make a profession of it. They complain at the slightest hiccup and
write long letters detailing every flaw, claiming huge sums in compensation and
threatening legal action if it is not forthcoming by return.
But the fact is that no matter how much their inefficiency costs you in time, trouble,
missed meetings, lost deals and overnight hotel bills, the airlines, in many cases,
are not obliged to pay you anything. They are covered for most eventualities by
their conditions of carriage, which are printed on the inside cover of the ticket.
However, this is not to say that, in an increasingly competitive environment, the
more enlightened airlines do not take their customers' attitudes
seriously. Some airline chief executives take a personal interest in passenger
complaints and have frequent 'purges', when
they insist on seeing every letter of complaint that comes in on a particular day.
If you have a complaint against an airline that you cannot resolve satisfactorily, it is
worth contacting the Air Transport Users' Council
(AUC), CAA House, 45-59 Kingsway,
London WC2B 6TE (tel 020 7240 6061,
fax 020 7240 7071). The council is funded and appointed by
the Civil Aviation Authority, but operates completely independently and, indeed,
has frequently been known to criticise some of the authority's
decisions. It has only a small secretariat and is not really geared up to handle a
large volume of complaints, but it has had some success in securing
ex gratia payments for passengers who have been
inconvenienced in some way.
All the same, the council likes to receive passenger complaints because it is a useful
way of bringing to light some serious problems, which can lead in turn to high-level
pressure being brought to bear on the airline or airlines involved. Some of the
subjects dealt with by the council in 1990 included European and domestic
airfares, passenger safety, the pressure on airport and airspace capacity,
overbooking and baggage problems.
Procedure
Here are some tips which may make complaining to an airline more effective:
· The first person to write to is the customer
relations manager at the airline. You can write to the chairman if it makes you feel
better, but it makes little difference - unless that happens to be
the day that the chairman decides to have his purge. If you've
made your booking through a travel agency, send the agency a copy of the letter
and, if it does a fair amount of business with that carrier (especially if it is a foreign
airline), it is a good idea to ask the agency to take up the complaint for you.
· Keep your letter brief, simple, calm and to the point. Remember also
to give the date, flight number, location and route where the incident took place. All
this may seem obvious, but it's amazing how many people omit
these details.
· Keep all ticket stubs, baggage claims and anything else you may
have from the flight involved. You may have to produce them if the airline requires
substantiation of your complaint.
· If you have no success after all this, write to the Air Transport
Users' Council. Send the council copies of all the
correspondence you've had with the airline and let it take the
matter from there.
Lost luggage
Most frequent travellers will, at some time, have experienced that sinking feeling
when the carousel stops going round and there is still no sign of their baggage.
The first thing to do if your luggage does not appear is to check with an airline
official in the baggage claim area. It could be that your baggage is of a non-
standard shape - a heavy rucksack, for example
- which cannot be handled easily on the conveyor belt. If this is
the case, it will be brought to the claim area by hand. But if your baggage really
has not arrived on the same flight as you, you will have to complete a property
irregularity report (PIR), which will give a description of the
baggage, a list of its contents and the address to which it should be forwarded. Ask
for a copy for yourself as you will need this - together with the
baggage receipt - if you later want to claim compensation from
the airline or from your travel insurance.
It is sometimes worth hanging around at the airport for an hour or two because there
is always the chance that your baggage may arrive on the next flight. This
sometimes happens if you have had to make a tight flight connection
- you just squeak on to the flight but your baggage
doesn't quite make it - although the current
strict security requirements mean that normally a passenger and his or her
baggage must travel on the same flight. But if there is only one flight a day there is
no point in waiting and the airline will forward the baggage to you at its expense. In
this case, ask the airline for an allowance to enable you to buy the basic
necessities for an overnight stay - nightwear, toiletries and
underwear, for example.
If your baggage never arrives at all, you should make a claim against the airline within
21 days. The airlines' liability for lost luggage is limited by
international agreement and the level of compensation is based on the weight of
your baggage, which explains why it is filled in on your ticket by the check-in clerk.
The maximum rate of compensation at present is
US20 per kilo for checked baggage and
US400 per passenger for unchecked
baggage, unless a higher value is declared in advance and additional charges are
paid.
The same procedure applies to baggage that you find to be damaged when you claim
it. The damage should be reported immediately to an airline official and, again, you
will have to fill in a PIR form, which you should follow up with
a formal claim against the airline.
Overbooking
Losing one's baggage may be the ultimate nightmare in air travel,
but the phenomenon of 'bumping' must run it a
close second. Bumping occurs when you arrive at the airport with a confirmed
ticket, only to be told that there is no seat for you because the flight is overbooked.
Most airlines overbook their flights deliberately because they know that there will
always be a few passengers who make a booking and then don't
turn up ('no shows' in airline jargon). On some
busy routes, such as Brussels to London on a Friday evening, some business
travellers book themselves on four or five different flights, so that there is a
horrendous no-show problem and the airlines can, perhaps, be forgiven for
overbooking.
The use of computers has enabled airlines to work out their overbooking factors quite
scientifically, but just occasionally things don't quite work out and
a few confirmed passengers have to be bumped.
If you are unlucky enough to be bumped, or 'denied
boarding', to adopt the airline jargon, you will probably be entitled
to compensation. A few years ago the Association of European Airlines
(AEA) adopted a voluntary compensation scheme based on
a 50 per cent refund of the one-way fare on the sector involved, but early in 1991
the European Community agreed new rules, which put compensation on a
statutory basis. The rules lay down that passengers with a confirmed reservation
who are bumped at an EC airport should receive
150 ECU (about £200) for a short-
haul flight or 300 ECU (about £400)
for a flight of more than 3,500 km. These amounts are halved if the passenger can
get on an alternative flight within two or four hours respectively. In addition,
passengers have the right to full reimbursement of their ticket for any part of their
journey not undertaken, and can claim legitimate expenses.
In 1997 the EU was reviewing these rules. Consumer groups
had complained that compensation should cover the whole journey
- and not just the sector on which the overbooking occurs. They
note that a passenger flying to the Far East via Amsterdam, who is bumped off the
first leg of the journey, might be held up for only an hour or so getting out of
Schiphol. But the missed connection could result in a much longer delay in getting
to Asia.
Compensation for delays
Whatever the conditions of carriage may say, airlines generally take a sympathetic
view if flight delays cause passengers to miss connections, particularly if the delay
results in having to obtain overnight hotel accommodation. Our own experience is
that most of the better-known scheduled carriers will pull out all the stops to ensure
that passengers are quickly rebooked on alternative flights and they will normally
pick up the tab for hotel accommodation and the cost of sending messages to
advise friends or contacts of the revised arrival time.
The position is not so clear cut when it comes to charter airlines because the extent
of their generosity usually depends on whatever arrangement they have with the
charterer. But a number of British tour operators have devised delay protection
plans that are usually included as part of the normal holiday insurance. Thomson
Holidays, for instance, will normally provide meals or overnight accommodation in
the event of long flight delays, and if the outbound flight is delayed for more than
12 hours, passengers have the right to cancel their holiday and receive a full
refund. If they decide to continue their holiday they receive compensation up to a
maximum of £60, in addition to any meals or
accommodation which may have been provided. Compensation is also paid on a
similar scale if the return flight is delayed.
Injury or death
Airline liability for death or injury to passengers was originally laid down by the
Warsaw Convention, which was signed in 1929. The basic principal was that the
infant airline industry could have been crippled if it had been forced by the courts to
pay massive amounts of compensation to passengers or their relatives for death or
injury in the event of an accident. The trade-off was that the airlines undertook to
pay compensation up to a set ceiling irrespective of whether negligence on their
part was proved. The limit was set at 250,000 French gold francs, an obsolete
currency, which is nevertheless still used to this day as the official unit of
compensation, and converted into local currencies.