Originally Posted by
emma dog
Section 19A states they will refund you for a downgrade if there is a fare difference: "If acceptable to the passenger, Delta may provide transportation in a lower class of service, in which case the passenger may be entitled to a partial refund."
This is where it becomes confusing. Delta references Section 22 as governing IRROPs but then 19A as you state does have that clause but it's fuzzy with
may be entitled as the language which certainly isn't binding beyond and the two are contradictory -- but 19A also refers to rule 22 for refunds related to the ticket. 19A is also where they layout the intent to put you on the "next flight on which seats are available in the class of service originally purchased" before going on to the language above
If there is a flight cancellation, diversion, delay of greater than 120 minutes, or 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 22, Go to footer note. If the passenger does not request cancellation and refund of the remaining portion 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 may provide transportation in a lower class of service, in which case the passenger may be entitled to a partial refund.
IANAL (paging
CMK10) but my read of the CoC combined with my own experience is that absent this being an ex-EU flight, Delta is under no obligation to provide downgrade compensation. In the CoC they can lean on clauses like
"alternate travel was provided by Delta and accepted by passenger" or phrases like
"may be entitled to a partial refund" to basically deny any claims.
That said if you have status and/or complain they'll likely throw you some miles but I don't see anywhere in the CoC where they have an obligation to provide that compensation.
I don't like it but the US regulatory environment for air travel is heavily tilted toward the airlines (with the exception of safety requirements). Broadly speaking, if they provide you transportation from A to B they basically have fulfilled their requirements and anything that happens along the way is up to the airlines to address at their own discretion. It's why from time to time you see politicians attempt to pass a Passenger Bill of Rights similar to EU261 but to date they haven't had any success