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US airlines wrongfully reject over 25% of their passengers’ compensation claims

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Consumer rights advocacy group released the results of a new study showing that United States airlines wrongfully reject more than 25% of compensation claims, indicating that more than one in five travelers are being denied up to $700 they are owed by Delta Air Lines, United Airlines, and American Airlines following flight disruptions.

Each year, more and more travelers flying out of the U.S. are eligible to claim compensation under European law EC 261 which covers travelers on European flights. AirHelp found more than 25% of valid claims filed against U.S. airlines for disrupted flights in 2016, 2017 and 2018 were turned away on wrongful grounds by airlines trying to avoid their obligation to travelers.

The travel experience is continuously getting worse due to overtourism. In the U.S., 407,000 travelers are eligible to claim compensation under EC 261 following flight delays and cancellations experienced last year, up from 370,000 the previous year. During the first three months of 2019, more than 75,000 passengers experienced disruptions due to the fault of the airlines that have made them eligible for compensation.

This trend is a small part of the larger issue of airlines mistreating passengers. A survey of travelers found 75% of U.S. travelers feel uninformed about their air passenger rights, and less than 25% of travelers who were on a disrupted flight actually file a claim, despite airlines being required by law to inform passengers of their rights.

How the U.S. Airlines Stack Up

Of the U.S. airlines, Delta Air Lines wrongfully rejects the most claims at a rate of one in three. United Airlines wrongfully rejects nearly one in four claims, and American Airlines rejects one in every five. According to an annual ranking of global airlines and airports, U.S. airlines’ unsurprisingly perform poorly, with each major carrier earning less than seven out of 10 for quality of service.

The most popular U.S. airlines ranked on wrongfully rejected claims rate

United States ranking Global ranking for wrongfully rejected claims rate

Airline Wrongfully rejected claim rate

1 32 Delta Air Lines 32%
2 42 United Airlines 23%
3 44 American Airlines 22%

Data from January 1, 2016 to December 31, 2018

“The bleak picture in the U.S. is just the tip of the iceberg. The volume of legitimate passenger claims being wrongfully rejected by airlines is appalling. Flight delays and cancellations are increasingly heaping chaos on passengers, and travelers are forced to fight airlines for compensation they’re rightfully owed,” says Henrik Zillmer, CEO of AirHelp. “It’s all very well for airlines to say they will compensate passengers who make their claim directly. The reality is that thousands of passengers are continuing to face an impossible struggle to claim the money they’re entitled to. If they are embroiled in a legal battle with an airline, passengers may face costs to hire a lawyer to push through their claim, which can make fighting for compensation virtually impossible.”

U.S. Passenger Rights

U.S. passengers are protected under EC 261 for flights to the EU on an EU airline, and any flight departing from the EU. Cancelled flights, delays of more than three hours, and incidents of denied boarding are covered under EC 261, as long as the disruption was not caused by extraordinary circumstances such as weather, sabotage or political unrest. Eligible passengers may be entitled to financial compensation of up to $700 per person, and can file claims up to three years after the incident occurs.

Travelers have fewer protections on domestic U.S. flights, but can claim up to $1,350 in compensation for denied boarding due to overbooking, depending on the value of the ticket fare and ultimate delay in arrival to their final destination

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Tartan pride celebrated nationwide and in Hawaii, too

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Tartan Day is a North American celebration of Scottish heritage, observed April 6, the date on which the Declaration of Arbroath (Scottish Declaration of Independence) was submitted to Pope John XXII, in 1320. It was written in Latin, and essentially decreed Scots will choose their own king, and furthermore, Scotsmen rejected the propaganda that God desired the English kings to victimize and abuse them.  Among the signatories of this papal protest was Walter Stewart, 6th High Steward of Scotland, the progenitor of my ancestors, the Stewart Kings of Scotland.  Throughout the North American Continent, Tartan Day was celebrated this past weekend.

There are well over 4,000 tartan designs that are registered. However, there are only about 500 tartans that have ever been woven.  The most exclusive is the Balmoral, worn only by the Royal Family of The United Kingdom.  Queen Victoria made wearing tartans popular; bringing back a tradition that was once banned, following the Battle of Culloden in 1746.  She dressed all her sons in kilts regularly. Prince  Alfred Ernest Albert, Duke of Edinburgh, was the second son of Queen Victoria and Prince Albert of Saxe-Coburg and Gotha.  On August 2, 1869, this Duke of Edinburgh (called Affie by his parents) arrived in Honolulu.  The kilted Duke was feted by King Kamehameha V, the future Queen Liliuokalani, and the Queen Dowager Emma, with whom Prince Affie danced at a magnificent ball held in the original Iolani Palace.  The tartan-clad prince was so popular, the city’s leaders named one of Honolulu’s streets for him – Edinburg Street, which was the block of Bishop Street between Queen Street and Ala Moana Boulevard. Of course, Beretania (the Hawaiian word for Britannia) was already taken, for it was the road leading to the British Consul, and the community where Brits lived.  The area where the British consulate stood in 1843 is now Washington Place, the historic home of Queen Liliuokalani.  Before coming to the throne, Princess Lililuokalani along with Queen Kapiolani, attended Queen Victoria’s Golden Jubilee in London in 1887. The Hawaiian Royal family was one of Queen Victoria’s greatest admirers.   Affie started a wave of Brito-mania that endured for decades.

With the rise of kilts, so to speak, Victorian clan chiefs adopted tartans for their respective clans.  Later, individuals, organizations, and governments followed suit. There is even an official tartan for the State of Hawaii. British motifs have been popular in Hawaii for over two centuries – recall that the Union Jack of the British Empire is represented on the Hawaiian flag.

Members of The Saint Andrew’s Society of Hawaii, The Caledonian Society of Hawaii, Hawaiian Scottish Association, Friendly Sons of St. Patrick, and tartan-proud members of the Celtic community gathered at the Hawaii State Capitol to celebrate Tartan Day on April 6. The capitol is across the street from Washington Place, home to the original British community in Honolulu, and location for the formal dinner given to HM The Queen Elizabeth II on her Hawaiian visit.  Although most people associate tartans with Scotland, they are popular in multiple Celtic nations.  Dr. Nancy Smiley, MD, brought a variety of Celtic flags to the Capitol, which were gallantly flown, all day long, to celebrate Tartan Day.

Some of the tartan enthusiasts posed in front of the Father Damien statue, honoring the Catholic priest who gave his life helping Hawaiians afflicted by Hansen’s Disease (leprosy).  The victims suffered the humiliation and injustice of being banished to Kalaupapa, on the island of Molokai, beginning in 1866.  Scottish author Robert Louis Stevenson was a friend and guest to King David Kalakaua and Princess Victoria Kaiulani (heiress to the Hawaiian throne). The princess’ father was Archibald Cleghorn, a wealthy Scottish financier who married the king’s sister, Princess Likelike.  Robert Louis Stevenson was the Stephen King or J. K. Rowling of his era, and he took a keen interest in Hawaii and her people. He traveled to Molokai for eight days and seven nights in 1889 to research the work of Father Damien, after which he published a scathing 6,000 word polemic attacking the way these patients were discarded like human garbage. Stevenson targeted Rev. Dr. Charles McEwan Hyde, a Congregationalist “Christian” who placed great importance on fashion and how he looked in public, but was rather hateful toward the Catholic Priest Damien, and, by consequence, Damien’s passionate devotion to the leprosy victims.  At one point, Stevenson said he wanted to stab the good Reverend Hyde to death.  A blood-soaked white shirt wouldn’t look so fabulous on the dapper Reverend Hyde, you know. The Scottish rebuke from Stevenson became the most famous account of Father Damien, featuring the future saint in the role of a European aiding a benighted and maltreated native people.

The famed Father Damien statue was unveiled at the Capitol Rotunda, almost exactly 50 years ago, on April 15, 1969. Damien’s story, as told by Stevenson, is an attestation to fiery Scottish tempers – a people who are resolute in standing against injustice, just like they did at Arbroath in 1320.  And the statue is as hard as a hard-headed Scot  – constructed from bronze. Bronze is generally harder than wrought iron.   Not many craftsmen are able to produce works like this anymore. This piece was cast at a foundry in Viareggio, Italy, an area famous for creating sculptures, dating way back to 1541.

Marco Airaghi, who recently flew to Hawaii from Northern Italy, participated in the Tartan Day gathering. “The general area of Switzerland/Italian Alps/Austria is now accepted by anthropologists as being the aboriginal home of the Celtic peoples,” Airaghi said. “I’m a citizen of Italy, but Celtic passion runs deep in my soul, and these Hawaiian Celts are so much fun!  They exhibit a lot of integrity, they work very hard, and they are highly compassionate. I like that.”

Follow the author at facebook.com/ILoveAnton.

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Ailing Avianca’s plan to sell airport slots might be rejected

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Avianca is the fourth largest airline in Brazil, and it has been in judicial recovery since December of last year with debts of approximately R$500 million.

A new plan approved by Avianca’s creditors on Friday is not setting well with Brazil’s anti-trust agency, CADE. The agency said that depending on which competitors buy out Avianca’s main airport slots, the operation may not be approved.

The approved plan includes the partition of the company’s assets into 7 parts, called Individual Productive Units (UPIs). Six of the UPIs will be made up of slots (airport landing and take-off times), employees and aircraft, and the seventh will hold Avianca’s loyalty program, Amigo.

It is CADE’s expectation is that agents will find the best solution to suit the private interests of Avianca’s shareholders and its creditors as well as the public interests of Brazilian consumers.

Included in each UPI will be the registration and authorizations of routes and the right to use slots at Congonhas (SP), Guarulhos (SP), and Santos Dumont (RJ) airports, in addition to the temporary right of use of the Avianca Brasil brand and the Air Operator Certificate approved by the National Civil Aviation Agency (ANAC).

CADE stated that the best case scenario would be for a new company to assume the operation of the units for which there would be no change in the concentration level of the sector. But if the UPIs are acquired by Gol or Latam, the agency sees problems, because these two companies already have high market shares in the main routes in which Avianca operates. Both Gol and Latam have announced interest in purchasing some of the Avianca’s assets.

Azul Airlines had announced earlier that it had made an offer to acquire Avianca Brasil’s assets, including airplanes and airport slots for US$105 million.

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Brunei Travel: Ready to be stoned to death? How will WTTC and UNWTO respond?

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Brunei is becoming a deadly place to visit starting April 3, specially if you are member of the LGBT Community.

Next week the World Travel and Tourism Council (WTTC) will have their annual summit in Seville, Spain. Tourism leaders from around the globe will meet and listen to keynote speaker U.S. President Obama. Will President Obama, UNWTO Secretary-General Zurab Pololikashvili, or WTTC CEO Gloria Guevara say something on what is developing in Brunei?

No country in the world so far issued travel warnings against Brunei. U.S. authorities have a level 2 travel advisories against Germany or the Bahamas but find travel for Americans perfectly safe when a new law threatens citizens and visitors, including children to be subject to death by stoning for same-sex sexual acts and amputation for robbery. Such a law will come into effect in Brunei Darussalam on April 3.

Brunei is a tiny nation on the island of Borneo, in 2 distinct sections surrounded by Malaysia and the South China Sea. It’s known for its beaches and biodiverse rainforest, much of it protected within reserves. The capital, Bandar Seri Begawan, is home to the opulent Jame’Asr Hassanil Bolkiah mosque and its 29 golden domes. The capital’s massive Istana Nurul Iman palace is the residence of Brunei’s ruling sultan

“Pending provisions in Brunei’s Penal Code would allow stoning and amputation as punishments – including for children, to name only their most heinous aspects,” said Rachel Chhoa-Howard, Brunei Researcher at Amnesty International.

“Brunei must immediately halt its plans to implement these vicious punishments and revise its Penal Code in compliance with its human rights obligations. The international community must urgently condemn Brunei’s move to put these cruel penalties into practice.”

These punishments are provided for in newly-implemented sections of the Brunei Darussalam Syariah Penal Code that are due to come into force on 3 April 2019, according to a discreet notice on the Attorney General’s website.

“To legalize such cruel and inhuman penalties is appalling of itself. Some of the potential ‘offences’ should not even be deemed crimes at all, including consensual sex between adults of the same gender,” said Rachel Chhoa-Howard. “These abusive provisions received widespread condemnation when plans were first discussed five years ago.”

Amnesty expressed grave concerns over the Penal Code when the code’s first phase was implemented in April 2014.

“Brunei’s Penal Code is a deeply flawed piece of legislation containing a range of provisions that violate human rights,” said Rachel Chhoa-Howard. “As well as imposing cruel, inhuman and degrading punishments, it blatantly restricts the rights to freedom of expression, religion, and belief, and codifies discrimination against women and girls.”

Stoning and a hunt to kill members of the LGBT community is not an isolated problem in Brunei alone. Brunei is joining countries like Iraq, Iran, Saudi Arabia or Tanzania.

Background

Brunei Darussalam has signed but not yet ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and has rejected all recommendations to this effect in its human rights review at the UN in 2014.

Under international human rights law, corporal punishment in all its forms, such as stoning, amputation or whipping, constitutes torture or other cruel, inhuman or degrading punishment, which is prohibited in all circumstances.

Acts of torture and other ill-treatment are absolutely proscribed in the main international human rights instruments, most of which Brunei has not signed or ratified. In addition, this prohibition is also recognized as a peremptory rule of customary international law, meaning that every state is bound by it even if they are not a party to a relevant human rights treaty. All acts of torture constitute crimes under international law.

While Brunei retains the death penalty in law, it is abolitionist in practice. One new death sentence was imposed in 2017, for a drug-related offense.

Just a few years ago the Sultan of Brunei told UNWTO Secretary-General and WTTC CEO: “We will do our best to support tourism. Tourism is of strategic importance for Brunei and based on two principal resources: the country’s pristine rainforest in the heart of Borneo, and its spiritual and cultural heritage. Environmental protection and conservation must, therefore, lie at the heart of any tourism development, the Sultan had stressed.

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EU and Airbus cite US for inaction that could cost billions

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The World Trade Organization (WTO) Appellate Body has rejected every single United States argument whereas it has taken all EU legal points on board. In addition, the WTO highest court has also qualified a number of additional US federal and state programmes as illegal subsidies, and even, as prohibited subsidies as in the case of the Foreign Sales Corporation scheme (FSC), a major win for the EU.

Airbus welcomed the report of the WTO Appellate Body, published today, which confirms that the United States failed to withdraw the subsidies granted by federal, state and local authorities to Boeing, and to remove the harm those subsidies caused to Airbus.

The report requests that further compliance steps are necessary from the United States and Boeing. Failure to do so will provide the European Union the possibility to seek countermeasures on imports of US products.

Airbus General Counsel John Harrison stated: “This is a clear victory for the EU and Airbus.   It vindicates our position that Boeing, while pointing fingers at Airbus, has not taken any action to comply with its WTO obligations, contrary to Airbus and the EU. With this damaging report, continuing to deny they receive massive illegal subsidies from the United States government is no longer an option. Stated differently, absent settlement, the US will pay – in perpetuity – billions in annual sanctions driven by every single flying Boeing program, while the EU would face, in the worst case, only minor issues.

He added: “We hope that these findings will prompt the United States and Boeing to move forward constructively in this long-standing dispute and join us in working towards a fair-trade environment. In the absence of a constructive approach, the EU now has a very strong legal case to move forward to countermeasures.”

Airbus thanks the European Commission and the governments of France, Germany, the United Kingdom and Spain for their continuous support throughout the long dispute process. Their longstanding efforts to restore a fair level playing field are now clearly showing results.

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Young elephant shot 13 times: Tourists watched in horror

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Balule Associated Nature Reserve has justified the killing of a young elephant bull in front of tourists as an ‘act of self-defense’, backtracking on an original announcement condemning the act and ignoring eye-witness accounts.

Balule Nature Reserve is a protected area in Limpopo Province, South Africa which forms part of the Greater Kruger National Park as a member of the Associated Private Nature Reserve

The young elephant bull was shot 13 times in front of four eye-witnesses standing on a viewing deck overlooking Balule’s Maseke Game Reserve, where the hunt took place.

Balule’s Hunting Incident Report states that “the elephant charged [the hunting party] and they shot it when it was five meters from them.”

However, the hunters were never in any danger, says Annelize Slabbert, one of the four onlookers who witnessed the shooting.

She says guests at the lodge saw the whole incident from their unobstructed vantage point.

Her husband, Gerard, affirms this. “After the first shot, I saw the three men standing by their vehicle in the road; the elephant was 80 to 100 meters away from them and starting running in the opposite direction.”

The Slabberts also say the elephant never charged the hunting party. According to Annelize, “it was calmly feeding on a tree when the first shot rang out. The elephant then gave a loud cry and ran for cover in the thicket, with the hunters running in pursuit, firing more shots. Thirteen shots later, after the elephant had fallen in a ditch in an attempt to escape the hunters, its shrieks ceased.”

Later, a TLB, tractor and trailer had to be called in to retrieve the carcass from the deep ditch, the hunting report confirms.

“It is something I will, unfortunately, never forget,” Annelize says. “It was heartbreaking.”

Balule management has vehemently rejected any claims of alcohol use, but the final report states that one member of the hunting party, Sean Nielsen did, in fact, ‘mess his whiskey’ on one of the witnesses who had approached the hunting party after the incident. The report reads that “a heated exchange took place between the witness and Mr Nielson.”

Photographs taken on the scene show Nielsen, the long-term lessee of Maseke Game Reserve, with a glass of tawny liquid in hand. He reportedly acted as the reserve representative on the hunt.

Photo by witness
A witness took this photo

The photographs, Balule chairperson Sharon Haussmann argues, were taken after the shooting and are, therefore, not indicative of a breach of any ethical or general hunting protocols.

Change of tune

When the incident occurred on 23 November last year, Haussmann initiated a full investigation and said that the parties involved would be held accountable. She labelled the incident as “completely unethical and inconsiderate and a huge embarrassment for Balule.” She said “it did not comply with the sustainable utilization model of ethical hunting in accordance with the hunting protocol that governs all reserves within APNR and to which Balule and hence Maseke are bound.”

The full investigation report was shared in full in Febraury this year. The outcome painted an entirely different picture.

Haussmann backtracked on her initial statement and said that “according to the APNR protocol there were no ethical transgressions.

“We don’t approve that it happened in front of a lodge, but unfortunately, the lay of the land was such that it was in view of a lodge,” Haussmann said in January. The full investigation concludes that “besides poor site selection, there is no evidence of ethical breaches that can be actioned by us.”

When asked about the contradicting statements between Balule’s final report and the witness reports sent in as part of the investigation, Haussmann said it was a case of ‘he said, she said’.

“I wasn’t there. I wish I was; then I could tell you for sure [what happened],” she said. The report simply concludes that there’s no reason to doubt the “version put forward by the ‘hunting party’”.

Hunting continues

Kruger National Park’s managing executive Glenn Phillips also previously condemned the hunt and said SANParks was “keenly awaiting the finalisation of the [Balule] investigation”. When questioned on the outcome of the investigation, no further comment was received.

The increasing number of questionable hunting incidents occurring in the Kruger’s adjoining reserves underscores the growing conflict between hunting and photographic safaris operating on the same land in the Assosiated Private Nature Reserves (APNRs).

While this conflict ensues in meetings regarding protocol and ethics, poaching in the park is on the rise and Kruger’s elephants are caught in a dangerous gap between licensed and unlicensed killers.

Kruger recently launched a campaign aimed at fighting elephant poaching in the park’s northern region, however, Balule was given approval by the Mpumalanga Tourism and Parks Agency (MTPA) to hunt 22 elephants during the 2019/2020 hunting season, which begins on 1 April. This amounts to nearly half of the 47 elephants permitted to be hunted in all the APNRs this season.

In the previous year, a total of 53 elephants were legally hunted in the APNR, while 71 elephants were poached in the Kruger Park

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LGBT Hawaii supports Lesbian Tourist and today’s U.S. Supreme Court Ruling

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LGBT Hawaii thanked lesbian couple Diane Cervelli and Taeko Bufford from California for standing up for what is decent and right. “It makes a difference to all our LGBT visitors and for the travel and tourism industry and for our State as a whole. We welcome LGBT visitors with open arms”,  said Scott Foster of LGBT Hawaii.

LGBT Hawaii issued a statement today applauding today’s ruling by the US Supreme Court that rejected the appeal of a Hawaii Bed and Breakfast owner who denied renting a room to a lesbian couple.

Their decision upholds an earlier Hawaiian State court ruling that found the Aloha Bed & Breakfast in Hawaii Kai violated Hawaii’s anti-discrimination law by denying the couple a room because of the owner’s religious beliefs. B&B owner Phyllis Young had admitted during the Hawaii court proceedings that she turned the women away because she believed that LGBT relationships were “detestable” and “defiled the land.”

California couple Diane Cervelli and Taeko Bufford were represented by Lambda Legal, a nonprofit LGBTQ rights organization.

Scott Foster of LGBT Hawaii said: There is no room for discrimination in Hawaii. Hawaii is an open and tolerant rainbow society ruled by the spirit of Aloha. We welcome every visitor, regardless where they are from, and regardless of their sexual orientation. We’re pleased with the decision of both the Hawaii and U.S. Supreme Court.

Here is what happened: In 2007 a Lesbian couple Diane Cervilli and Taeko Bufford visited the Aloha State of Hawaii and booked a room at the Aloha Bed & Breakfast in Honolulu.

The owner of the B&B Phyllis Young refused to rent a room to the couple claiming a conflict with her religious belief.  The couple went to court and a Hawaii State court ruled that Young ran afoul of Hawaii’s public accommodation law, which among other things bars discrimination on the basis of sexual orientation.

Young took the case all the way to the U.S. Supreme Court. The highest court in the United States handed a defeat on Monday to a bed and breakfast owner in Hawaii who turned away the lesbian couple. Litigation will now continue to determine what penalty Young might face.

SOURCE: www.lgbthawaii.com 

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