Quote:
Originally Posted by AirlinesMustPay
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.
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Passenger: "I've got to get to New York ASAP!"
Agent: "Well, the next flight to JFK is tomorrow morning, but there's a flight in a couple of hours to LGA which is nearby."
Passenger: "OK, I'll take it."
Contract modified. Once the passenger is in New York at LGA then airline's responsibility ends unless an onward flight was ticketed on the same itinerary. It would still be the passengers responsibility to get from LGA to JFK but if the JFK-XXX flight was missed she would have to be re-accommodated at no charge. Unfortunately in this case the passenger was booked on two separate tickets so re-booking the whole JFK-XXX ticket was on her.