Originally Posted by
vip66
So I finally got a reply from Delta, after over a month. Here's their bogus claim, denying compensation:
"I certainly understand the inconvenience caused to you and your family when Delta Flight 49 on January 5, 2015 from Amsterdam was delayed due to mechanical reason. The delay constitutes “extraordinary circumstances”. We took all the reasonable measures we could under the circumstances and made every effort to offer you care and assistance. Regulation (EC) 261/2004 does not require compensation in this event. "
Sent me a $75 voucher. So now need to pursue this case through EC, I guess?
This is a BS answer and AA seems to do the same, claiming "extraordinary circumstances" for mechanical or other reasons under airline control. People who pursued further action in EU, including taking them to court, have won. Courts and regulatory agencies have ruled repeatedly that mechanical delays do not qualify under the "extraordinary circumstances" exception and therefore 3hr+ delay for that reason certainly entitles you to compensation under EC261/2004.
I would certainly respond and tell them you don't accept their excuse and plan to pursue via courts if they don't provide you the compensation you're due.
Also, check out the AA forum -- there's a long thread with lot of reports of people successfully getting past the BS claim and getting their compensation.