It is the airline that speculated, not the passenger. So how can that get twisted to blame the passe

Q uestion : We have been trying to get a refund from Southwest Airlines for almost one year. It s a refund that Southwest fully admits it owes, but always finds another excuse not to pay. I hope you can help us.
Last spring, my family had tickets to fly from Fort Myers, Fla., to Milwaukee, Wis. When we arrived at the gate, a Southwest agent told us our flight was oversold and that all seats had been assigned. We were denied boarding.
They informed us that we had two options: either accept a refund of the cost of our return flight and find our own way home, or take the next available london red bus tours flight from Ft. Myers to Milwaukee, which was not until two days later.
We took the refund. The agent wrote a check with the numerical amount of $1,387.20. However, she wrote the dollar amount in long-hand as One Thousand Three Hundred and Seventy Three 40/100. Therefore, there was a discrepancy in the two identified amounts written on the check.
In all the commotion that was occurring with a number of passengers trying to deal with this same issue, we did not notice Southwest s error in writing this check. We only discovered the error when we were notified five days later that our bank refused to deposit london red bus tours the check because the dollar amount did not match the legal written amount.
We contacted Southwest by phone, and were told they would write a new check. But we ve gone back and forth for months, london red bus tours and I ve been getting london red bus tours passed from one department to another. We ve also reported this to the Department of Transportation. Still, no check.
As a result of Southwest Airlines denying us boarding rights to our scheduled flight, we incurred significant costs to obtain four one-way tickets on another airline. Because we were forced to buy one-way tickets with less than seven days advance purchase, we had to pay the highest rate possible. Can you help us get our money back? Greg Melgares london red bus tours , Milwaukee, Wis.
Have a look at the airline s travel policies. Its contract of carriage (PDF download) spells out Southwest s obligations london red bus tours when you re turned away at the gate, a process referred to as involuntary denied boarding. Check out section 9 under Service Interruptions.
You were entitled to more than just a refund for being kicked off your flight. You should london red bus tours have received twice the sum of the value of your remaining flight coupon or you could have opted for flight vouchers for the same amount.
I m surprised the Transportation Department didn t get involved in your case. The involuntary denied boarding compensation requirements are part of federal regulations, and they are well-enforced by the government.
If this ever happens to you again, don t allow yourself london red bus tours to be processed by a ticket agent. I understand there were crowds at the airport after all, it was spring break and that the agents seemed overworked. But this is what they do, and you shouldn t feel bad if they re having a stressful day.
Stop the process. Pull up the airline s contract of carriage on your cellphone and read the paragraphs about involuntary denied boardings. Don t let them hurry you up and force a resolution. london red bus tours Read the check and make sure it lines up with what the contract says.
I contacted Southwest on your behalf. It called you and apologized, saying the person responsible for your refund had left the company and that your refund had fallen through the cracks. It overnighted to you a check for the correct amount london red bus tours and a $500 travel voucher.
No, I m not talking about bad checks but rather no checks as described in this case. The AG, at least in the state I reside, has the authority to take action against a business who withholds a refund due a consumer or does not remit in a timely manner, usually no longer than 90 days.
That s probably london red bus tours true about the dates and old compensation, but in that case it should london red bus tours be 3x 1/2, the 2x in compensation plus the refund of the ticket (as I understand from reading the regs, after compensation you retain the ticket, and as with any schedule change are entitled to elect to not fly and get a refund on a non-refundable ticket).  Am I wrong there?
I think they bought the roundtrip ticket for $346.80 london red bus tours each. That s why when they were bumped, london red bus tours SWA paid them 2x of the one-way fare which is exactly the same as the roundtrip fare as DENIED BOARDING COMPENSATION (cash or check).
I am not sure the credit card company will side with you. And even if it does, you can only recover the portion london red bus tours of the ticket you are owed. I don t think the credit card company will bat for your denied boarding compensation.
Personally, my heart always goes to the passengers who are bumped when they come to the airport on time. That point is being disputed by people in this board. I have no evidence they were late. Anyway, IMO even if you get 3x one way fare, you will have an extremely hard time making that pay for a walk-up fare (to get home). Hence this is why I believe it is fundamentally london red bus tours unfair to bump passengers because of airline overbooking.
I ve personally witnessed a tearful family partially-IDB d with  the spouses and children split up between flights on consecutive days.  They were already pleading their case before I arrived at the departure gate, which was 40+ minutes before departure.
Oh I don t know, perhaps london red bus tours to provide context for the story?  If the story was, I got a check from SW that was written incorrectly, everyone would wonder, why did you get this check, what was it for, etc.
I find that people ask for sympathy only when their complaint is weak. But with regards to the cold hard facts of the OPs complaint, they are spot on. They don t need sympathy, they need their money.
SWA is proud to have a 10-minute rule. IMO the OP complied with the 10-min rule. Since he did comply with the 10-minule rule and he was bumped, therefore he was entitled to the Denied Boarding Compensation.
I wish to add that the check is supposed to be good the day it was written. The error on the SWA agent is an error of the company. The delay in righting the error was inexcusable. It violated the (spirit of the) law. The intention of the Overbooking law (14 CFR Part 250 Oversales) is to provide the victim with money so he can buy an alternative london red bus tours way (home).
(1) the OP s use of the term refund . IMO lay people (those who do not work for the airline industry or participate in airline forums) will use a common word like refund to mean money they receive from the carrier. london red bus tours How many travelers will use the phrase Denied Boarding Compensation? That said, a real REFUND makes no sense since SWA s own policy (Section 4C of COC) states the refunds will be returned as either travel credits or to the original form of payment (i.e. credit card). Therefore, one can conclude that the check issued at the airport could only be a Denied Boarding Compensation.
(2) LATENESS. According london red bus tours to SWA, the pax is only late is they violate the 10 minute rule. Since the OP was paid IDB compensation it proves he was not late. Had he been late, he was not entitled to a check on the spot.
Ten-Minute Rule. Failure london red bus tours of a Passenger to obtain a Boarding Pass and be present, available, and appropriate as described in Section 6 for boarding in the flight s boarding london red bus tours gate area at least ten minutes before the scheduled departure time may result in cancellation of the Passenger‟s reservation without notice at the Carrier s sole discretion.
In reality the aircraft is already being boarded (and the boarding groups well determined and populated) ahead of this time. Please note that if one checks in online as early as 24 hours before the flight, he can print the boarding pass with the BOARDING GROUP already assigned. In fact, if you pay $10 for  Early-Bird Check in, SWA will AUTOMATICALLY check you in 36 hours ahead of departure london red bus tours so you will get assigned a boarding position ahead of those who did not pay this fee. If you are an A-list customer of SWA, you will be in Priority GROUP A boarding and will get Fly-By Service (no or less waiting in line).
The real issue and problem is OVERBOOKING . By the airline s selling more tickets (confirmed space) that there are actual seats on the aircraft, the airline is gambling (speculating) that there will be enough PAID passengers who will NOT show up and therefore all the passengers who do actually show up will have seats.
It is the airline that speculated, not the passenger. So how can that get twisted to blame the passenger for not being there early enough as to guarantee him a seat? The fact is if the flight is oversold, I don t care how early everyone shows up, some of them will get bumped. It is a simple math problem.
Everyday is a new learning experience. In Texas our AG, under the consumer protection division, will investigate a citizens complaint with or without a statute on the books. Part of the Don t Mess with Texas campaign. However, Texas did add a rebate / refund statute in 2007 which can be found in Section 605 in the Texas Business london red bus tours and Commerce Code.
In addition one might consider there could be a violation of both SOX and The Uniform Unclaimed Property Act (Escheatment) in that there was an outstanding uncashed check that should have been reported.
Everyday london red bus tours is a new learning experience. In Texas our AG, under the consumer protection division, will investigate london red bus tours a citizens complaint london red bus tours with or without a statute on the books. Part of the Don t Mess with Texas campaign. However, Texas did add a rebate london red bus tours / refund statute in 2007 which can be found in Section 605 in the Texas Business and Commerce Code.
In addition one might consider there could be a violation of both SOX and The Uniform Unclaimed Property Act (Escheatment) in that there was an outstanding uncashed check that should have been reported.
Actually, legally, the bank is bound by the written amount not the amount in numbers. The written amount is the legal amount of the check. I wonder what bank was used because here at Wells Fargo, we would have accepted the check.
Hey good point. In the bank we used to process a lot of checks, I saw (and w