Travel and vacations - Continental dis-honoring upgrade

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Continental dis-honoring upgrade

Is this going one elsewhere, too?

Here’s a tale of airline duplicity with implications for thousands of
airline customers.

On September 18th, 2003, I had reserved a morning flight on
Continental but was not really required at my destination until later
that evening. At the boarding gate I learned that Continental had
overbooked the flight and offered compoensation to anyone who would
take a later flight. I accepted.

My compensation was a Continental Airlines voucher entitled, "Positive
Space Upgrade Valid within Mainland US, Alaska, the Caribbean and
Latin America.” That phrase is printed on both the cover and on the
coupon inside the voucher, signed and stamped by the Continental gate
agent.

The voucher also states inside the front cover and on the coupon
itself, “This certificate is valid for a First Class upgrade when
traveling on a paid fare ticket . . . ” The coupon is noted as good
for one year.

So far, so good. At least it seemed to be until I recently tried to
use the upgrade.

I own a business that builds and hosts web sites and I also operate a
web site that promotes Caribbean travel. I made plans last weekend to
visit some of my clients so I booked a Continental flight to Barbados.
A Continental agent helped me, over the phone, find a low fare based
on the usual 21-day advance purchase. It’s a fare available to any
traveler. I placed the reservation.

When I informed the reservation agent that I have a First Class
upgrade voucher, the agent said it could not be applied to this flight
because, “your fare is too low.” I pointed out that the voucher only
requires that I travel on a “paid fare ticket” and makes no
distinction as to the fare being high or low. She was adamant.

But I need to make the trip so I booked the flight however I then sent
an email to Continental’s Customer Care department. I asked what part
of “paid fare ticket” did not apply to this reservation and asked that
they confirm that they would honor the upgrade.

They did not answer that question. But they did respond, a few hours
later, that the voucher could not be honored because the airline does
not have First Class service to Bermuda.

I promptly wrote an email pointing out that my reservation is to
Barbados, not Bermuda, stating that they do offer First Class Service
to Barbados, and reminding them that they had not answered the
question regarding the alleged low fare restriction.

After waiting more than a day and a half without a response, just
before going to bed at Monday evening, I wrote a stronger email backed
by the promise of legal action and publicity if they did not honor
their voucher. Sometime during the night I got a response saying,

QUOTE

Your reservation is indeed booked for BRIDGETOWN, BARBADOS, please
excuse the error.

In investigating rules and guidelines for usage of the customer
care positive space upgrade certificates that are issued, this is the
latest information.

EFFECTIVE IMMEDIATELY FIRST CLASS UPGRADE CERTS
WILL NOT BE HONORED FOR USE ON AIRCRAFT WITH A
BUSINESS FIRST CABIN.

We do apologize for the confusion.

ENDQUOTE

Note that there is no date or verifiable citation in their published
rules regarding this alleged “latest information” but the language
implies that it is a recent thing. And note that they continue to
ignore the claim that the fare being "too low" somehow voids the
compensation voucher. And they still have not confirmed if the upgrade
will be honored but leave that issue hanging.

I wrote back early this morning reminding them this policy is not
stated on the voucher and while recent changes in their policy may
affect vouchers issued after that policy was instituted, it does not
change the terms under which I accepted an upgrade as compensation for
doing them a favor.

So far, they have not replied.

The voucher was issued in NJ and both Continental and I both are based
in NJ and the refusal to honor their alleged "compensation" here in
NJ. Therefore, I've filed a complaint with the Attorney General of NJ,
office of Consumer Fraud. I've also filed it with a well known
television consumer advocate.

Is this going on elsewhere? Anyone else have similar problems?

Thanks, CaribeJoe

Continental dis-honoring upgrade

wrote in message
...

After waiting more than a day and a half without a response, just
before going to bed at Monday evening, I wrote a stronger email backed
by the promise of legal action and publicity if they did not honor
their voucher.

So what were your monetary damages?

Continental dis-honoring upgrade

On Wed, 28 Jul 2004 01:20:06 GMT, Really Me
wrote:

wrote:

“This certificate is valid for a First Class upgrade when
traveling on a paid fare ticket

It is good "on a paid ticket", not all paid tickets.

Huh? Even CO did not have the nerve to say something so silly.

Was there anything else on it, such as "some restrictions apply"?

Yes. The above sentence concluded with an phrase that is irrelevant
here ("excepting travel industry discounts). There were none.

I would expect limitations on free upgrades and tickets received in this
manner, which is why I prefer $$$ vouchers.

I don't understand the comment regarding BusinessFirst. I don't think CO
flies BF to Barbados, do they?

According to their web site and according to the resrvation I made
they do - but then, it's such a screwed up airline whose people think
that Bermuda and Barbados are the same place, it would not surprise me
if they don't fly to either.

Like other airlines, I suspect this
might be Business class, as other airlines tend to call it businss class
on international flights in standard domestic first class seating to
indicate this is not an "international" first class flight.

Yiou need more information. CO has First Class and Business First.
They are different services. The flight on which I reserved offers
only First Class, not Business First Class.

Continental dis-honoring upgrade

On Tue, 27 Jul 2004 19:58:04 -0500, "Bob Chipeska"
wrote:

wrote in message
.. .

After waiting more than a day and a half without a response, just
before going to bed at Monday evening, I wrote a stronger email backed
by the promise of legal action and publicity if they did not honor
their voucher.

So what were your monetary damages?

That's up to a Court to decide. They may yet get that opportunity.

If you pay someone to perform a service (which I performed) with the
promise of a service, and then refuse to honor that promise (which
they did), that is a broken contract. Danages may include not only the
price of the same trip if taken in First Class, less the cost of the
regular fare, plus actual and punative damages.

Continental dis-honoring upgrade

wrote in message
...
On Tue, 27 Jul 2004 19:58:04 -0500, "Bob Chipeska"
wrote:

wrote in message
.. .

After waiting more than a day and a half without a response, just
before going to bed at Monday evening, I wrote a stronger email backed
by the promise of legal action and publicity if they did not honor
their voucher.

So what were your monetary damages?

That's up to a Court to decide. They may yet get that opportunity.
If you pay someone to perform a service (which I performed) with the
promise of a service, and then refuse to honor that promise (which
they did), that is a broken contract. Danages may include not only the
price of the same trip if taken in First Class, less the cost of the
regular fare, plus actual and punative damages.

You go get 'em, tiger.

Continental dis-honoring upgrade