Rejected claim from LATAM Airline (Ecuador airport)

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Nov 17, 2018
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Ecuador
#1
LATAM Airline (Chile/Peru/Ecuador/USA Offices) delayed a flight for nearly one hour on our IBERIA7756 ticket operated by LATAM) /on August 2, 2018 (PM) from Guayaquil. EC to Madrid. Spain. The reason they delayed this flight was to take on 4-5 passengers on a late flight from Lima, Peru.(on LAN most likely). To delay a flight for late passengers is against IATA rules for the simple reason that it can cause all passengers on the flight to possibly miss connections at destination airport. This is what happened to my wife and I upon late arrival in Madrid. Since our flight to Venice has closed 25 minutes before we arrived we missed the flight ( we lost the air fares) and were forced to purchase two tickets on a late IBERIA flight to Venice but a premium cost of $1,043.

The European chartered Airbus 330 replacement aircraft's Pilot (LATAM's Boeing was out of service) made a PA announcement to all passengers that they would be delayed while waiting for connecting passengers from a late flight from Lima (contrary to IATA rules and rules followed by all major carriers around the world. I can only assume that the LATAM airport manager on duty at the time also approved this unauthorized delay.

My total claim for additional travel costs from Madrid to Venice on Aug 2, 218 was $$1,530. This included the Iberia tickets ($1043) plus lost Air Europa tickets ($237) and airport hotel costs in Venice due to late arrival at night when my booked hotel was closed for the night ($250). We also lost one day of our prepaid hotel in Venice.

LATAM customer service refused my claim stating that they were not liable for delays due to mechanical/technical problems with aircraft, weather, airport congestion, etc. They used standard ticket rules to rebuke my claim. LATAM did not investigate the claim or admit that their employees caused this delay and should have been held accountable and reprimanded. LATAM ignored the facts and remains accountable for their employees mistakes . . I need help to contact senior LATAM Management Officers, and/or IBERIA and IATA to refile my claim and receive my payment. Note: LATAM is known in Ecuador for it poor customer service and unreliability. Many travelers avoid this airline which we will do in the future.
 
Sep 19, 2015
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#2
How late was your flight? How did a one hour delay cause you to miss another flight?

You flew LAN 1440 which usually arrives around 12:15 at Termina 4?

Were you on Air Europa flight that leaves at 3:10 pm from Terminal 1?

Were the Madrid Venice tickets booked separately? They must have been?

Did you have to pick up luggage and recheck in addition to passing through immigration?

I have been on flights that have been delayed because of waiting for other passengers. I do not know what sort of rules there are on this but I do not think that it is up to the airline.

The airline likely did not know you had a separate ticket out of Madrid that same day.

It is risky to have separate bookings especially when one has to go through immigration and change terminals and only have 3 hours.

You can write to the LATAM executives but you likely will not get anything. You should not ask for both the Iberia And Air Europa tickets Madrid to Venice to be refunded as that is asking too much.
 
Jun 30, 2017
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Maui Hawaii
#3
"My total claim for additional travel costs from Madrid to Venice on Aug 2, 218 was $$1,530. This included the Iberia tickets ($1043) plus lost Air Europa tickets ($237) and airport hotel costs in Venice due to late arrival at night when my booked hotel was closed for the night ($250). We also lost one day of our prepaid hotel in Venice."

It appears that you had separate tickets from Madrid to Venice on Air Europa. If these tickets were not connected to your LATAM ticket, LATAM has no obligation to get you to Madrid to make your next flight on a different airline with a separate ticket. If you had a connecting flight on the same ticket, you would not have had to pay for your Iberia ticket from Madrid to Venice. "Our flight to Venice has closed 25 minutes before we arrived " would seem to indicate that you had less than 1 hr between scheduled arrival in Madrid and departure to Venice. This is not nearly enough time to get to the next flight. You might have missed this flight even if your LATAM flight arrived on time.

LATAM fulfilled its duty of getting you to Madrid. They do not guarantee departure OR arrival times (no airline does). They have no responsibility for your missed flight to Venice. If a one hour delay caused you to miss your next flight you did not schedule enough time between flights. That is not LATAM's responsibility.

Also, delays in departures to allow late arriving passengers to board is not rare, esp for long-haul flights where the next flight may be a day or more later.
 
Nov 17, 2018
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Ecuador
#4
Thanks for your comments. Yes, it seems I should have allowed more time in Madrid to connect. But I still thing LATAM broke IATA rules to hold up it flight for late passengers.
 
Nov 17, 2018
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Ecuador
#5
Our flight was 1 hr late in Madrid. We had to clear immigration/customs but we arrived at Air Europa gate 25 minutes after it closed. Yes, we were on Air Europa 1083. Our Madrid/Venice tickets were booked separate.
I believe IATA rules do not allow flights to delay to wait for late passengers. This makes sense because it can cause all passengers to possibly miss a connections if delay is long. But it seems some airlines (LATAM?) do not respect this rule. Yes, I probably should have allowed more time between flights. But I would still like for LATAM to reimburse me the new Iberia tickets to Venice. I will wait and see how my appeal turns out. Thanks for comments.
 
Jun 30, 2017
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Maui Hawaii
#6
Our flight was 1 hr late in Madrid. We had to clear immigration/customs but we arrived at Air Europa gate 25 minutes after it closed. Yes, we were on Air Europa 1083. Our Madrid/Venice tickets were booked separate.
I believe IATA rules do not allow flights to delay to wait for late passengers. This makes sense because it can cause all passengers to possibly miss a connections if delay is long. But it seems some airlines (LATAM?) do not respect this rule. Yes, I probably should have allowed more time between flights. But I would still like for LATAM to reimburse me the new Iberia tickets to Venice. I will wait and see how my appeal turns out. Thanks for comments.
For a long-haul international flight, a one hour delay is not significant. EC261 does not recognize a one hour delay as a delay for reimbursement. No one should schedule the following flight within an hour of scheduled arrival, esp needing to clear immigration and customs and recheck baggage. You would likely not make the next flight even if the first flight leg was on time.
If you can find an applicable IATA "rule" you can present it to LATAM, but a "rule" is not a law and generally has no enforceability.
 
Likes: Neil Maley
Sep 19, 2015
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#7
Our flight was 1 hr late in Madrid. We had to clear immigration/customs but we arrived at Air Europa gate 25 minutes after it closed. Yes, we were on Air Europa 1083. Our Madrid/Venice tickets were booked separate.
I believe IATA rules do not allow flights to delay to wait for late passengers. This makes sense because it can cause all passengers to possibly miss a connections if delay is long. But it seems some airlines (LATAM?) do not respect this rule. Yes, I probably should have allowed more time between flights. But I would still like for LATAM to reimburse me the new Iberia tickets to Venice. I will wait and see how my appeal turns out. Thanks for comments.
IATA is a business trade organization. Airlines are not required to operate on their advisories or suggestions.

There is no rule or regulation banning waiting for incoming passengers. What are you referring to?

Often the cabin crew has info (from manifest) on connections which is why the gate numbers of certain connections are announced close to landing.

The airline would have no idea about someone booked on a separate ticket.

The airlines make this decision on a case by case basis. I have been on flights that have waited and some that have not — and been left behind on connections that did not wait.

The decision to wait is made on a higher level — it is not the gate agent who does it but someone in operations, so this is not some rogue employee making decisions.

A separate ticket is not a connection.

Had the Venice reservation been on the same ticket the airline would have had to put you on the next available flight.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
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New York
www.promalvacations.com
#8
As with my colleagues, I’m afraid you have no case, especially since you booked separate tickets. You simply did not leave enough time in between connections. When you have separate tickets you have to claim your luggage and recheck it. One hour is not enough.

If you had one ticket for all the flights, you would have been accommodated at no charge. But LATAM is not liable because you booked another flight without leaving enough time.

Did a travel agent book this for you or did you do it yourself?

Please point out the IATA “rule” that was broken.