Originally Posted by
motytrah
The DOT lumps all these things under 49 U.S.C. 41712 "Unfair and Deceptive Trade Practices".
The DOT stated their position on this back in the 90's and as of late have been more aggressive in using the provisions. Since LaHood has been secretary Delta has hit with fines under this provision several times. Most of them in the 5-6 figure range.
The opinion letting in question is:
http://airconsumer.ost.dot.gov/rules/19960715.htm
So ask yourself this question. Why doesn't Delta publish it's the rules regarding schedule changes and refundability? The CoC for all it's verbosity is actually very vague. If you look at the DOT letter it's because they know they can't get away with it. I think DL banks on the fact that the DOT gets far more complaints than they can actually investigate.
The Delta CoC is not vague at all in my opinion, and is far more concrete than other CoC's I've read --
"B. Delta’s Liability in the Event of Schedule Changes, Delays and Flight Cancellations
In the event of flight cancellation, diversion, delays of greater than 90 minutes, or delays that will cause a passenger to miss connections, Delta will (at passenger’s request) cancel the remaining ticket and refund the unused portion of the ticket and unused ancillary fees in the original form of payment in accordance with Rule 260 of these conditions of carriage. If the passenger does not request a refund and cancellation of the ticket, Delta will transport the passenger to the destination on Delta’s next flight on which seats are available in the class of service originally purchased. At Delta’s sole discretion and if acceptable to the passenger, Delta may arrange for the passenger to travel on another carrier or via ground transportation. If acceptable to the passenger, Delta will provide transportation in a lower class of service, in which case the passenger may be entitled to a partial refund. If space on the next available flight is available only in a higher class of service than purchased, Delta will transport the passenger on the flight, although Delta reserves the right to upgrade other passengers on the flight according to its upgrade priority policy to make space in the class of service originally purchased."