Will an airline compensate you for a flight delay that means a lost work day? TravelSort reader Prabuddha comments on the Airline Passenger Bill of Rights post:
“I was flying to Jakarta CGK via Tokyo Narita NRT and Bangkok BKK on ANA (All Nippon Airways) on a Mileageplus Ticket out of San Jose SJC. The plane had mechanical trouble and we were bussed over to SFO and put on a United flight to HND, connecting to BKK and CGK.
The original itinary had an 11 hour layover built into it at BKK where I planned to go out and see the city. Due to this rescheduling it became a 2 hour connection. I still reached CGK at my original time . However I did lose a day of vacation. If I was going to take the 8 PM United flight instead of the 12 PM ANA flight I could have worked that day. Do you think ANA will provide any compensation given that this was an United Ticket and I did reach final destination as per schedule.”
Typically No Compensation for Flight Delays and Cancellations, Under the Airline's Contract of Carriage
The short answer is no, there is no compensation due, and this is typically the case with any type of delay or cancellation on airline flights from most countries, including the U.S., due to the contract of carriage. In this case, the relevant airline is ANA, so we look at the ANA Conditions of Carriage.
As usual, we find a provision specifying that schedules are NOT guaranteed and that ANA may change the schedule without any prior notice and is not responsible for any passenger consequences of such a change, bolding mine:
“ANA undertakes…to adhere to published schedules in effect on the date of travel; provided that times shown in a timetable or elsewhere shall be just scheduled but not guaranteed and shall form no part of the contract of Carriage. ANA may change any schedule of a flight without any prior notice and shall not be responsible for any trouble in respect of connection of a Passenger and/or his/her Baggage with any other flight because of such change.”
And in ANA's Involuntary Rerouting section it reserves the right to carry the passenger on another flight, whether ANA or another carrier:
“…in the event that ANA cancels a flight, fails to operate a flight reasonably according to the schedule, fails to stop at a Passenger's Destination or Stopover point, is unable to provide a Passenger with his/her reserved seat or causes a Passenger to miss his/her connecting flight on which he/she holds a reservation, ANA will, at Passenger’s option, follow either (a) or (b) below:
(a) ANA will have the option of providing any of the following remedies:
(i) carry the Passenger on any other flight of ANA on which a seat is available;
(ii) either Endorse to any other Carrier the unused portion of the Ticket to request such Carrier to carry the Passenger or request other transportation service to carry the Passenger; or
(iii) effect a Rerouting and carry the Passenger, by any other flight of ANA or any other Carrier or by any other transportation services, to his/her Destination or Stopover point indicated in the Ticket or any applicable portion thereof.
- Your flight is departing from an airport located in an EU Member State; or
- Traveling to an EU Member State on an airline based in an EU Member State
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