[BoeingBoy]

Art at ISP, on Dec 28 2008, 11:59 AM, said:

This topic raises a couple of interesting points, however, let me ask a question. Is there anything in the DOT rules which dictates that a customer must be given a choice between cash or a TFC?

250.5 Amount of denied boarding compensation for passengers denied boarding involuntarily.

(a) Subject to the exceptions provided in § 250.6, a carrier as defined in § 250.1, shall pay compensation to passengers denied boarding involuntarily from an oversold flight at the rate of 200 percent of the sum of the values of the passenger’s remaining flight coupons up to the passenger’s next stopover, or if none, to the passenger’s final destination, with a maximum of $400. However, the compensation shall be one-half the amount described above, with a $200 maximum, if the carrier arranges for comparable air transporation, or other transportation used by the passenger that, at the time either such arrangement is made, is planned to arrive at the airport of the passenger’s next stopover or if none, at the airport of the passenger’s destination, not later than 2 hours after the time the direct or connecting flight on which confirmed space is held is planned to arrive in the case of interstate and overseas air transportation, or 4 hours after such time in the case of foreign air transportation.

(b) Carriers may offer free or reduced rate air transportation in lieu of the cash due under paragraph (a) of this section, if (1) the value of the transportation benefit offered is equal to or greater than the cash payment otherwise required, and (2) the carrier informs the passenger of the amount of cash compensation that would otherwise be due and that the passenger may decline the transportation benefit and receive the cash payment.

Jim

[hp_fa]

Do the vouchers they offer these days have blackout dates and/or capacity controls on them? If so the passenger's need to know that also otherwise I think a claim of fraud is possible.

[NCFL]

Art at ISP, on Dec 28 2008, 11:59 AM, said:

Is there anything in the DOT rules which dictates that a customer must be given a choice between cash or a TFC?

Absolutely. See below.

From Dec 28 2008, 11:59 AM:

When I was a highly valued and loyal customer of US, whenever I had to interact with Consumer Affairs, it was for good reason (I knew what was important and what was not). Not getting a drink or not having my coat hung up was just one of those things--however, being denied boarding on a short connection while an aircraft was still at the gate with the door open was something to call about...especially when the gate agent was being rude and unhelpful.

I agree completely - you never once contacted us with a frivolous complaint.

BoeingBoy, on Dec 28 2008, 04:16 PM, said:

[i]250.5 Amount of denied boarding compensation for passengers denied boarding involuntarily.

(a) Subject to the exceptions provided in § 250.6, a carrier as defined in § 250.1, ....reg text deleted for space...........

Translation from governmentese: In an involuntary denied boarding situation, the customer is to be given the choice between cash payment for twice the value of the fare for the affected segment, or a TFC, whichever is more suitable to the customer. The exception is if the airline can make arrangements to get the customer there within two hours of scheduled time, in which case the maximum cash payment is $200.

The customer MUST be told the amount of the cash payment and MUST be given a choice between that and a TFC before compensation is issued. Period.

In a voluntary denied boarding situation, the compensation is of the airline's choosing.

hp_fa, on Dec 28 2008, 04:40 PM, said:

Do the vouchers they offer these days have blackout dates and/or capacity controls on them? If so the passenger's need to know that also otherwise I think a claim of fraud is possible.

I don't work there any longer and can't quote current procedures, but they used to be in the same inventory bucket as Dividend Miles awards. Based on my knowledge of Tempe's ability to squeeze a nickel to make the buffalo fart, especially when it's to the detriment of the customer or the employee, I'd suspect the answer to your question is "yes."

I don't think it's a regulatory requirement to explain capacity conrols on TFCs, but it ought to be. I could be wrong on that. It's one of the most common complaints about free tickets from DB situations. "They gave me this thing and it's worthless."

[tadjr]

I dont see why its so hard for agents to hand out a TFC book when a customer is given a TFC. New policy now is even if they are an HKN and you have 20 volunteers already, they are to be given a TFC book. This has ALL the rules and restrictions printed inside so there is no reason to spend an hour telling the customer all the benefits of the "free" ticket or now being able to get at least $200 off your next flight. In many instances, the $200 off will equal or almost equal a free ticket in many markets anyway if you book far enough in advance. The customer will also have something to keep their TFC receipt in with all the info in case 11 1/2 months from the date of the bump they find it and try to remember what it was.

[Old PSA]

A couple of side notes. The amounts have doubled. It is still $0 if the airline can get the customer to their destination within 1 hour of the original scheduled arrival time. It is a maximum of $400 within 2 hours and a maximum of $800 if over 2 hours. The customer who volunteers or who is unable to obtain a seat must be given the US booklet at the time of their check-in. The company has made this abundently clear to the airport and airport personnel. Some just don't seem to listen. A customer who is involuntarily denied boarding (meeting all the check-in rules) must be offered cash (really a check) or a TFC. If the customer accepts the offer, then they have no further recourse against the company. If they refuse the compensation then they may seek legal recourse. If they decide not to go and refund the ticket, they are not eligable for compensation.

[NCFL]

Old PSA, on Dec 29 2008, 03:29 PM, said:

The amounts have doubled. It is a maximum of $400 within 2 hours and a maximum of $800 if over 2 hours.

Thanks for that. You are 100% correct.