Well, the DoT rep assigned to my case should change his signature from
Aviation Consumer Protection Division
Office of Aviation Enforcement and Proceedings
to
Aviation Airline Protection Division
Office of Aviation Enforcement and Proceedings
When I asked him why I am not eligible for DB compensation since I was booked in J and was denied J he answered as follows. This is beyond... What should be the difference if there were actually oversold or not..
Dear Mr. ************
Allow me to clarify, denied boarding for a flight that was not in an oversold situation is not a regulated area. It does not fall under Rule 250 – Overbooking, that you have provided in the link in the email from your attorney. We do not required airlines to provide compensation in this instance, however, some airlines would offer a good will gesture. This is entirely up to them.
The Department notes that much of the complaint relates to the perceived actions of the customer service agent and manager. These are customer service issues that do not implicate 14 CFR Part 250. As such, the Department is unable to assist in that area, we do not mediate individual consumer complaints nor negotiate compensation for consumers.
At this juncture, there is no information that the carrier is in violation of our regulation as the carrier states the flight went out with available seats in all cabins, as previously noted.
Again, it does not appear that EL AL has violated any of our regulations and the Department does not mediate between consumers and carriers. Therefore, if you feel additional financial compensation is warranted, they have the right to pursue the matter in the courts, such as small claims courts within their local jurisdiction.
I hope this information is helpful.
Sincerely,
***** ******
Aviation Consumer Airline Protection Division
Office of Aviation Enforcement and Proceedings
