Quote:
Originally Posted by mrs.doublea
Philadelphia always has you coming or leaving late or both, We were told that since it was Air Traffic Control's fault, they aren't responsible for hotel vouchers or anything else,
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It seems the OP knew a little too much and this knowledge worked against her. She knew that Philadelphia always has you coming or leaving late or both. So I gather that she at once put the blame on the air traffic controllers because her flight which presumably was to arrive in time for her to catch her flight, arrived too late.
So was this the scenario:
Mrs Doublea to USAirways agent: I know the fault is with the air traffic controllers and I lost my connecting flight, what is my child going to eat?
US Airways agent: Since it is Air Traffic Control's fault, we are not responsible
If it was me, I have never landed in Philadelphia and so being ignorant of Philadelphia's delays of aircraft (and not as well informed as the OP) I would have gone to the USAir counter and say, "You brought me too late for me to catch my flight out and I want you to pay for my hotel tonight and baby food for my child."
I think US air is liable. The reason is that unless there was some unusual situation, e.g. air traffic controllers strike, outside of their control, they are in breach of their contract with her which was to bring her at a certain time to make that connection. They must know from their computers who is arriving to make the connection and if they sell the seats to stand by passengers and take off without the arriving passengers who are stuck on their aircraft arriving at the gate too late, then they must foot the bill occasioned by the delay.
Something unusual like a strike would frustrate a contract and then no side is in breach, but if the OP knows that PHiladelphia has delays (I presume this means a delay in the aircraft getting to the gate even when the aircraft touches down on time), then the airlines surely know of this situation and they must plan their schedules to take this into consideration. Passengers dont help them to plan schedules. They do and must take responsibility.
In this case the OP chose to pay $511 for new flights. This is entirely reasonable given that she had a baby and needed to get home.
I would think she has a valid claim and should write to the airline to demand compensation