Of course there are things DL could do to appropriately make up for the screw up. They've done them and OP doesn't seem to think they're enough.
Nor do many other people it seems. A different flight in C+, or same flight in regular coach (with a partial refund) does not "appropriately make up" for the screw-up, IMO. I guess we can disagree.
Originally Posted by
gooselee
I believe MSP was referring to this specific thread, in which DL seems to at least partially be using the argument that C+ and Y are the same "cabin" and thus OP wasn't downgraded. IIRC there are DOT rules that specify airline responsibility when a pax is involuntarily moved from one cabin to another, and DL might argue that C+ is merely a different "experience" and not a different "cabin".
OK, I think I misinterpreted, if the point is basically that DL is arguing out of both sides of their mouth.
Originally Posted by
flyerCO
This. This is how DOT regards C+. Thus there is no downgrade AFA DOT is concerned. However DL likes to market and sell it as if it was a whole separate cabin.
Not sure I'm familiar with any DOT rules regarding downgrades, anyone have any references? I think that angle may be moot. We don't have an EC261 equivalent here, obviously. However, DL's COC does cover this under "Carriage in Alternative Cabin" where all they promise is a refund of the difference in fare (although specifically related to IDB). They also have language, under "Delta’s Liability in the Event of Schedule Changes, Delays and Flight Cancellations":
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.
And as far as I can tell, if the passenger's ticket states "Comfort Plus" then that is the class of service for the purposes of the COC as well as any attempted remedy in Small Claims Court. Of course the problem with SCC is that it won't grant specific performance or punitive damages, only compensatory damages, which is basically the fare difference per the COC.