Originally Posted by
SchmeckFlyer
Not sure if this has already been covered on this thread, but I am wondering if delays resulting from the power outage will qualify for compensation under European regulation 261/2004. We were a group traveling AMS-SLC on December 19th with a flight operated by Delta, which was delayed by over 6 hours. Multiple sources including the captain as well as KLM ground staff confirmed the delay was a direct result of lingering effects of the power outage. According to the regulation, only "extraordinary" circumstances are exempt from compensation such as terrorism, air traffic control strikes, weather etc. Technical issues are specifically excluded. After a quick Google search, I found that several cases where passengers received compensation under the regulation for delays during a power outage at Delta in August 2016. While the current power outage was, according to press reports, not a direct result of problems at Delta, some argue any subsequent knock-on effects are in Delta's control. In one case, "[the delays] would have been deemed avoidable if the airline had the proper backup systems in place."
Wondering what the thoughts are of more experienced Delta flyers here. Or one of us could give it a try and report back...
While it can’t hurt to try, I doubt you’ll easily get the standard delay money from a flight directly affected by ATL power outage issues: this is exactly the sort of widespread facility or infrastructure issue the regulation intended to exempt with “extraordinary circumstances”. IIRC, the detailed language is something like “under the airline’s actual control”. Data center outage? Absolutely. Airport authority outage? That’s a much, much tougher case to make.
For a cascade delay, like AMS-SLC, you might be able to argue that the flight shouldn’t have been operationally affected by an unrelated incident thousands of kilometers away from both your origin and destination. Delta will probably deny you, but the Dutch regulatory body might take a bit more kindly to the argument.
Where you have a slam dunk case is if they failed in any of the “duty of care” obligations - food, prompt rebooking, hotel, a free phone call, etc...
Good luck! EC compensation is possible to get, but steel yourself for a very, very long fight... It’s worth asking anyway though because you’re almost guaranteed to get some number of SlyMiles when they initially decline your claim, which may or may not be enough to make you happy...