In this case
- After a 14-hour flight delay from London, American Airlines promises Joseph Muskovich and his wife compensation under European law.
- Despite multiple follow-ups and assurances that checks were mailed, the money never arrives and the airline goes silent.
- With the promised compensation in limbo, Muskovich must now find a way to get the airline to honor its word. Can she do it?
American Airlines promises Joseph Muskovich compensation for a lengthy flight delay. But despite repeated promises, it never pays. How can he get American Airlines to honor its promise?
Question
My wife and I were scheduled to fly from Heathrow to Chicago O’Hare on American Airlines a few months ago. The flight was delayed by 14 hours.
While we waited for the flight, American Airlines provided a hotel room and meals, as well as a pamphlet explaining our right to collect $652 per person for the delay.
Has an airline ever promised you compensation and then failed to deliver it? What reason did they give?
This case highlights the “check is in the mail” excuse. Have you ever been told a payment was sent when it wasn’t? How did you handle it when the company stopped responding?
What’s your best advice for getting a company to honor its promise? Share your experience in the comments.
When we returned home, we contacted American Airlines customer service, and it again confirmed we would receive compensation. After not hearing anything, we contacted the airline again, and a representative claimed to have issued checks. We never received them. The airline has stopped responding to our inquiries. Can you help? — Joseph Muskovich, Schaumburg, Ill.
Answer
That’s some delay you had. American Airlines did the right thing by providing you with food and overnight accommodations. But you should have also received your legal compensation.
American Airlines is obligated to pay you under the U.K. version of EC Regulation 261/2004, a European Union regulation that protects air passengers’ rights. Under this requirement, passengers are entitled to compensation for delays of three hours or more, depending on the distance of the flight. Your flight was from the U.K., where the rules are similar to those in the rest of Europe. (Related: Where’s the refund for our Mexican vacation rental? I’ve been waiting for months!)
Fortunately, you received a promise in writing from American Airlines. (By the way, you did a great job with keeping a paper trail that shows you were owed the money.) When you contacted American Airlines, an agent confirmed your request and said you would receive compensation. Then you followed up and the agent said the checks were issued, but you never received them. The airline then stopped responding to your requests.
Read more insightful reader feedback. See all comments.
What’s going on? Unfortunately, the European consumer regulations have no provision for requiring a timely payout of compensation. So American Airlines could have theoretically waited as long as it wanted to before sending you the checks. I know — that’s a big loophole, and it’s the reason God made consumer advocates.
How do you speed things up? Calling can be helpful, but sending a brief, polite email to one of the American Airlines executive contacts might have done the trick. I list all of them on my consumer advocacy site, Elliott.org.
I contacted American Airlines on your behalf. The airline investigated your case and found that it had made a mistake. The checks were issued, but they were never delivered. American Airlines canceled the old checks and reissued new ones. You received the money a few weeks later.
How to get an airline to pay promised compensation
- Get the promise in writing. Before leaving the airport, ask for a printed document or pamphlet outlining your rights and the specific amount you are owed. This written proof is your most powerful piece of evidence.
- Create a paper trail. File your claim through the airline’s official online portal. Keep copies of all correspondence, including submission confirmations and any replies from the airline.
- Follow up politely and persistently. If you don’t receive the payment in a reasonable time, follow up with customer service. Keep your emails brief and professional, referencing your case number and the airline’s original promise.
- Escalate to an executive. If the airline stops responding or claims the payment was sent when it wasn’t, it’s time to escalate. Use a list of executive contacts to send a polite email to a manager or vice president, summarizing your case and attaching your paper trail.
FAQs
- What is EC 261? It is a European Union consumer protection law that requires airlines to compensate passengers for long delays, cancellations, or denied boarding. Because the flight originated in the U.K., which has similar rules, American Airlines was obligated to pay for the 14-hour delay.
- Why didn’t the airline just pay the required compensation? While European law requires airlines to pay compensation, it has a significant loophole: there is no deadline for the payment. This allows an airline to delay paying a valid claim for as long as it wants.
- What is the most important step when an airline promises you compensation? Get it in writing before you leave the airport. Having a document, pamphlet, or email from the airline that specifies the amount you are owed is the strongest evidence you can have if the company later fails to pay.
- What’s the most effective way to handle a “check is in the mail” excuse? After a polite follow-up, you should escalate your case to a company executive. Sending a brief, professional email with your paper trail to a manager or vice president often breaks through the corporate silence and gets results.
Read these before your next trip
