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Old Sep 18, 08, 10:49 pm   #1
 
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Angry Delta cancelled flight, won't refund

Hi All,

A friend booked a flight with Delta to come visit next month. It was a Saturday flight, as we have an event to go to that evening. They rescheduled her on a flight for the next day.

Shopping around, there are alternative carriers for Saturday, but Delta absolutely refuses to transfer the ticket, nor give a refund.

Looking at Delta's CoC, rule 240, section c.1, it reads:

"Delta will transport you to your destination on our next flight on which seats are available in the class of service you originally purchased."

Even if the flight isn't even on the same day??? Whatever happened to "time is of the essence"?

Are we screwed here, or is there some course of action we can take?

-Tom
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Old Sep 18, 08, 10:55 pm   #2
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Would recommend calling back until you get an agent that will do it. Changing the day of your flight is definitely grounds for a refund, and I've taken advantage of that a few times in the past.
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Old Sep 19, 08, 12:35 am   #3
 
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Quote:
Originally Posted by mersk862 View Post
Would recommend calling back until you get an agent that will do it. Changing the day of your flight is definitely grounds for a refund, and I've taken advantage of that a few times in the past.
Or you should get the agent to put you on an earlier flight the same day at the original if your friend can do that.
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Old Sep 19, 08, 12:38 am   #4
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After DL/Expressjet flight cuts this summer, I had to spend an hour on a total of three occasions to finally get them to refund my ticket. Not real consumer friendly, especially if you deal with some of their outsourced agents.
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Old Sep 19, 08, 3:34 am   #5
 
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Also look at Rule 3 from the Contract of Carriage....

RULE 3: SCHEDULES AND OPERATIONS
Delta will use its best efforts to carry the passenger and baggage with reasonable dispatch. Times shown in timetables or elsewhere are not guaranteed and form no part of this contract. Delta may without notice substitute alternate carriers or aircraft, and may alter or omit stopping
places shown on the ticket in case of necessity. Schedules are subject to change without notice. Delta is not responsible or liable for making connections, or for failing to operate any flight according to schedule, or for changing the schedule or any flight.
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Old Sep 19, 08, 6:30 am   #6
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Originally Posted by OHDL1 View Post
Also look at Rule 3 from the Contract of Carriage....
Those who keep reading will find the relevant details for refunds in Rule 240 and Rule 260.
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Old Sep 19, 08, 7:09 am   #7
 
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I have never had a problem with a refund when the flight has been outright cxld - either in advance or due to weather.
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Old Sep 19, 08, 5:37 pm   #8
 
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Quote:
Originally Posted by mizzou miles View Post
I have never had a problem with a refund when the flight has been outright cxld - either in advance or due to weather.
Cancelled their afternoon ATL-CUN in February on me today. Would need to leave at 6am to make the morning flight. Told them that wouldn't work for me and was given a full refund.

Keep trying until you find an accommodating agent...
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Old Sep 19, 08, 5:55 pm   #9
 
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yup - think you just been getting the wrong people (that in itself is sad) but keeping trying, they will refund.
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Old Sep 19, 08, 6:14 pm   #10
 
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Just had something like this happen and I immediately called Amex and disputed the charges.

I faxed them a copy of my email notification of the canceled flight and they wiped out the charge.
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Old Sep 19, 08, 9:23 pm   #11
 
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I had a DL ticket once from PIT to SJU and was looking for a valid reason to cancel it. I got a schedule change notice of 2 hours later. I checked & there were no earlier options. I called & asked the agent what the minimum schedule change was allowing for a refund. He told me 90 minutes. I asked for a refund. He said no prob. The credit was issued to my credit card within - I'd say - 4 or 5 days.
CALL AGAIN!! Tell them you want to implement the "90 minute rule"!
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Old Sep 19, 08, 10:30 pm   #12
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You are entitled to a refund

Ask for a supervisor. You are entitled to a refund under DL's rules 240 and 260. DL's terms, though, do not entitle you to be rebooked on another carrier unless DL chooses to do so.
Quote:
RULE 240: FLIGHT DELAYS/CANCELLATIONS
C. Schedule Changes, Delays, & Flight Cancellations within Delta’s Control
When, as a result of factors within Delta’s control, you miss a connection due to flight delays, your flight is cancelled, or a substitution of equipment results in a change in the class of service that you purchased or prevents us from transporting you, Delta will provide you with the following:
[...]
2. Full or Partial Refund
If some or all of your ticket is unused, you may be entitled to a refund. Any refunds will be made as provided in Rule 260.

RULE 260: INVOLUNTARY REFUNDS
A) The amount carrier will refund upon surrender of the unused portion of the passenger's tickets pursuant to rules 35 (refusal to transport), 50 (acceptance of children), or 240 (flight delays/cancellations) will be:
1) If no portion of the ticket has been used the refund will be an amount equal to the fare paid.
2) If a portion of the ticket has been used and termination (interruption) occurs:
a) At A Fare Breakpoint - The refund will be an amount equal to the fare paid for the unused transportation from the point of termination (interruption) to the destination or next stopover point named on the ticket, or to a point at which transportation is to be resumed. No refund will apply when alternate transportation is provided by Delta and accepted by the passenger.
b) Within A Fare Component - The refund will be an amount equal to the percentage of unflown mileage to fare component mileage by prorating the fare paid for the fare component, from the point of termination/interruption to the destination, or next stopover point named on the ticket, or to the point at which transportation is to be resumed. No refund will apply when alternate transportation is provided by Delta and accepted by the passenger.
B) Notwithstanding the provisions of this rule Delta will not accept for any purposes under this rule passenger tickets or related transportation documents issued by any carrier which is in substantial default of its interline obligations or which voluntarily or involuntarily has become the subject of bankruptcy proceedings.
http://images.delta.com.edgesuite.ne...rriage_dom.pdf
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Old Sep 22, 08, 11:39 am   #13
 
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RE: Delta cancelled flight, won't refund

Thanks for the replies everyone.

Delta's CoC sure is vague in this area. Rule 240-C-2 says "you MAY be entitled to a refund", not "ARE", and doesn't clarify when 240-C-2 applies versus 240-C-1, which says that they'll transport you on their next available flight.

Delta's holding tight to 240-C-1, even when their next flight isn't until the next day.

So can the customer choose between 240-C-1 and 240-C-2, or is that Delta's choice? It seems subject to interpretation. There's no verbage in favor of the customer.

-Tom
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Old Sep 22, 08, 12:03 pm   #14
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You need to escalate to a manager. DL doesn't have the most passenger friendly CoC, but they can't force you onto another flight if yours is canceled. They do have to refund if you request it.
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Old Sep 22, 08, 12:16 pm   #15
 
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Quote:
Originally Posted by SB1k View Post
Thanks for the replies everyone.

Delta's CoC sure is vague in this area. Rule 240-C-2 says "you MAY be entitled to a refund", not "ARE", and doesn't clarify when 240-C-2 applies versus 240-C-1, which says that they'll transport you on their next available flight.

Delta's holding tight to 240-C-1, even when their next flight isn't until the next day.

So can the customer choose between 240-C-1 and 240-C-2, or is that Delta's choice? It seems subject to interpretation. There's no verbage in favor of the customer.

-Tom
Based upon that DL-centric interpretation, they could tell you that you are compelled to take a flight two days later, with three connections, and you have no choice... unless you want to lose your fare (a bit of hyperbole, I admit, but less incredible day by day).

I have had situations where, had my flight canceled, the next available flight would have brought me to my destination long after the need to make the trip no longer existed.

I was lectured under another thread by an airline apologist who was preaching on the sanctity of the CoC's ("terms and conditions" in his post).

Perhaps this is another example illustrating how the CoC's are written by the airline for the airline's benefit... with no one representing the rights of the Pax.

Which may be one reason the lawyer in this post took the approach he did:

Litigation Lawyer Sues Delta Over Weather Delays and Wins.....
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