Complaint: Canceled / Delayed / Overbooked Totally upset with the whole AA experience!!!
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  #9  
Old Sep 27, 2009, 12:29 PM
AirlinesMustPay AirlinesMustPay is offline
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If an airline cannot deliver on its original contract of carriage and the passenger accepts a variation offered by the airline, accepting the alternative flight is an attempt by the passenger to mitigage her loss (minimise her damages) which she is supposed to do. After all she can't just sit in an airport stranded when the airline offers her a flight closer to her destination. But by so doing, she does not waive her right to sue for damages. It was not she who went to to the airline counter and asked for the variation of the contract.

I hope the OP has access to a small claims court. All she needs is a little advice and some help to draw up the claim papers, but these are courts where the Plaintiff or Complainant can easily stand up in person and state their case.

Usually the Airline will settle once they see properly drafted Court papers served on them