Complaint: Canceled / Delayed / Overbooked Flight canceled / changed
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Old Jul 16, 2009, 7:55 PM
Butch Cassidy Slept Here Butch Cassidy Slept Here is offline
 
Join Date: Mar 2008
Location: Nearest Airports: COD, BIL, WRL
Posts: 577
Default Small claims court time

Obviously, Continental sees no problem in acting like a jerk. So why should you let them off with $150?

(1) Calculate what the dollar amount of your lost day in Aruba adds-up to. (2) Try to find-out what the “walk-up” fare was, at the time of your trip, for a one-way ticket, Aruba to Houston. You should be entitled to the LOWER dollar amount.

Send Continental a "demand letter." Say you want a CASH payment (not worthless vouchers) within 30 days or you will be filing a small claims action. If you are claiming the cost of your lost day, Continental will be very quick to point-out the Contract of Carriage excludes "consequental" damages. However, Continental’s actions resulted in your making a choice between forgoing a day in Aruba, or being stranded there. In this context you could try arguing to the court that the Contract of Carriage, in your case, amounts to a "contract of adhesion" with unconscionable terms. In other words, unconscionable terms (Continental’s actions which caused you to lose that day) were amended into a contract over which you were not allowed to negotiate.

Hopefully, you don't live in HarrisCounty (Houston.) Suing Continental in HarrisCounty is like trying to sue Walmart in Bentonville, Arkansas. You may be arguing before a "hanging judge." Still, I’d go for it anyway.

I expect the airline shills on this board will post all kinds of dire and threatening predictions about how you don't stand a chance against Continental and all of this is you own fault. I also expect my mental health will be questioned—yet again!