FlyerTalk Forums - View Single Post - Delta.com sells non-existing flight
View Single Post
Old Dec 26, 2014 | 12:41 pm
  #40  
exwannabe
10 Countries Visited
20 Countries Visited
30 Countries Visited
20 Years on Site
 
Join Date: Jun 2004
Location: ATL
Programs: Delta 1MM, Gold, Peon
Posts: 6,392
Originally Posted by MSPeconomist
To repeat a bit, my understanding of the EU 261 rules is that (1) if OP has a ticket receipt for a flight operated by a EU carrier, there are rights and (2) compensation to the passenger comes from the operating carrier, which is then free to pursue reimbursement from it's codesahre partner. OP might feel that DL should pay because the situation seems to be DL's fault, but this might be counterproductive in terms of pursuing legally mandated compensation.

DL might send some apology miles in addition and/or a voucher for the fare difference between Premium Economy and coach fares, but DL is unlikely to pay the OP for pain and suffering or to give two GUCs to a PM when the downgrade was only one flight and only from Premium Economy to coach.

It sounds to me like the schedule change was never connected to the OP's itinerary, although checking the flight on the operating carrier's website--for instance, while watching seat assignments--would have alerted the OP to the problem when it would ahve been easier to find a better solution. I suspect that when the OP talked with DL, the DL agents were only looking at the OP's itinerary and not the schedule, so it looked like the VS flight was fine.
1) I certainly agree that this is another cautionary tale that one should ALWAYS check up on tickets with the operating carrier.

2) I think the EU 261 issue is really a mess in this case. Legally it is probably VS on the hook, but this might get very confused if that channel has to be pushed.

3) I really hope that DL just makes the OP "right". OP is justifiably upset now, but if DL comes up with some reasonable compensation then hopefully this can all be resolved.

Last edited by exwannabe; Dec 26, 2014 at 12:46 pm
exwannabe is offline