Missed flight, maximum fee

April 25, 2007

Q: I recently found a good deal on a flight from New York to London on MAXJet Airways, which has an all business-class service. I bought a ticket for my wife and me at $1,100 per ticket.

Unfortunately, we experienced some delays because of bad weather conditions. We did everything we could to get to the airport in time, including taking a helicopter from Manhattan. But we missed our flight.

We were told that there wasn’t another MAXJet flight for several days. An airline representative said that it would cost us $100 per ticket in transfer fees, plus the fare difference, to get on that flight. I assumed that the difference wouldn’t be more than a few hundred dollars, so I agreed.

Only a few hours before our outbound flight was to leave, I was told that I would have to pay an additional fee of $2,304. I thought it was extraordinarily excessive. But under the circumstances, I felt I had no alternative. I was afraid that my return reservations would be canceled if I did not pay up.

To make matters worse, MAXJet has now charged $2,304 twice to my credit card, which apparently is a double-billing error. I’ve disputed both charges on my card, but American Express has sided with MAXJet. I’ve tried to contact MAXJet, but it will not respond to my letters. Can you help me?

– Dwight Wolcczak, Stafford, Conn.

A: It doesn’t take much common sense to know that charging you twice the amount of your original tickets, plus a “change fee” is utterly absurd. But common sense seems to be in short supply here.

Most airlines have what’s called a “flat tire” rule — an unwritten policy that if someone misses a flight because of something beyond his control, like a traffic accident, then the airline will put him on the next flight at no additional charge.

We cut the airlines the same break, except that it’s part of the contract of carriage — the legal agreement between you and the airline. If a flight is canceled because of weather, or anything else beyond the carrier’s control, then the airline basically owes us nothing.

MAXJet should have put you on the next flight at no additional charge.

You should have made your situation clear to the gate agent and refused to leave the airport without a new ticket. I’m not sure why MAXJet couldn’t issue a new ticket right then and there, but walking away with all those loose strings seems to be asking for trouble.

Agreeing to pay an additional $2,304 was also a mistake. You shouldn’t assume that the airline will hold your entire itinerary hostage until it tells you it will. (I don’t think it would have.)

Signing your credit card receipt made it extremely difficult to resolve your case. Dispute resolution officers at charge card companies like to work in black and white. If you signed the receipt, you agreed to the charge. End of story.

MAXJet should have responded to your letter and offered a clearer explanation of the charges. I contacted the airline on your behalf and, as it turns out, you were incorrectly charged for the new tickets. MAXJet has issued a full refund.

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6 comments

{ 6 comments… read them below or add one }

BriCo April 25, 2007 at 12:52 pm

I read the response and once again see that employees, both MAXJet and AMEX, just don’t do, or know their job. They seem only to come to “work” and do as little as possible, learning even less. Who cares about the customer? No one. The CEOs give lots of lip service to it, then ignore what their own employees actually do. They only pay attention to people/blogs/investigators like yourself who might give them bad publicity, or new unwanted regulations.

Dr Wong April 25, 2007 at 5:08 pm

Calling it a “flat-tire” rule is a misnomer. It’s not a rule, but an airline courtesy. The airline had every right to charge the individual the walk-up fare, which apparently they did.

It’s not the airline’s fault that the passenger was unable to meet his end of the contract (i.e., presenting himself at the airport with sufficient time to board the plan). Weather is so unpredictable that the airline owes you nothing if weather prevents a timely take-off or results in a cancelled flight since the weather is beyond their control. Similarly, the airline owes you nothing if the same lousy weather prevented your timely arrival at the airport.

But it’s nice to see that we consumers have an advocate and that some airlines still have an interest in customer retention!

Chris April 25, 2007 at 5:11 pm

I’m always in favor of airlines treating customers fairly and I would be just as unhappy with an airline that wrung every last dollar it could out of me just because its rules said it could, but I have to ask: if this guy can afford a helicopter flight from Manhattan to whichever airport MAXJet flies out of, why is he complaining about a piddly couple of grand?!

James August 13, 2007 at 1:12 am

Dr. Wong,

I think you have it backwards.

“the airline owes you nothing if weather prevents a timely take-off or results in a cancelled flight since the weather is beyond their control. Similarly, the airline owes you nothing if the same lousy weather prevented your timely arrival at the airport.”

Shouldn’t it be “Similarly, YOU OWE THE AIRLINE NOTHING…”

How can the airline always be the only party without responsibility? If the flight is delayed (due to circumstances outside the airlines control, i.e. weather), they have no fault. But if I am delayed (also out of my control, i.e. weather), I should be expected to pay for it? If the customer has to suck it up and either wait for the next flight or take multiple connectors (at a huge inconvenience) and not receive a discount, then the airline should also be forced to suck it up and get the guest on the next flight without any extra charges. Seems only fair that we should hold the airlines accountable in the same way we are held accountable, not give them a free pass because they put in some fine print.

Luxan King November 17, 2007 at 1:15 pm

Dr. Wong certainly misstated the principle, or he supports the airline double-dipping policy.
BriCo has a point too. It appears to me that the employees have been trained to deceive consumers, whether it be about lated departures, fares, fees, whatever. And more of them are confirming the suspicion that one does not have to possess a brain to work for the airline.Sad indeed.
Luxan

MORT HERMAN January 19, 2010 at 12:15 pm

PEOPLE ARE NOT FOLLOWING “MORT’S RULE” WHICH IS NEVER TRUST AN AIRLINE, TRAVEL AGENT. TICKET BROKER, ETC. THESE ARE MY SUGGESTIONS:
1. BUY TICKETS ONLY FROM AN AIRLINE DIRECTLY AND PAY ONLY WITH A MAJOR CREDIT CARD. MAKE EXPLICIT NOTES SUCH AS RESERVATION AGENT’S NAME, ID NO., AND LOCATION OF THE CENTER THEY’RE WORKING AT. NOTE AVERYTHING THAT COULD BE DISPUTED LIKE PENALTIES, REASONS, ETC. [TAPING THE CALL IS ALSO HELPFUL].
2. FEEL FREE TO USE THE SMALL CLAIMS COURTS. THE AIRLINES DON’T WANT TO AIR THEIR MISDEEDS IN PUBLIC FORUMS.
3. IF YOU FEEL THAT YOU HAVE BEEN WRONGED, DISPUTE THE CHARGES ON YOUR CREDIT CARD. IF THEY WON’T HELP YOU, DON’T PAY THAT SPECIFIC CHARGE BUT MAKE SURE YOU PAY EVERYTHING ELSE.
4. REMEMBER THAT MOST PEOPLE ARE SELF EFFACING AND COMPLIANT ESPECIALLY WHEN A DAVID TRIES TO FIGHT A GOLIATH. STICK TO YOUR GUNS. COMPLAIN TO THE GOVT. AGENCIES IN WRITING. LET THEM KNOW THAT YOU WILL NOT BE STEPPED ON. ESCALATE YOUR COMPLAINTS TO THE AIRLINE INCLUDING THE CEO. DON’T BE RUDE, SOUND ANGRY, IN YOUR COMMUNICATIONS WITH THEM. SPEAK (OR WRITE) GENTLE, POLITELY, BUT FIRMLY. LET THEM KNOW THAT YOU CLEARLY WILL NOT SURRENDER YOUR RIGHTS, LET THEM KNOW THAT YOU ARE LIKE A MONGOOSE WHO HAS CAUGHT A SNAKE. HE NEVER, EVER LET’S GO.

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