FlyerTalk Forums - View Single Post - Compensation: “Bumps” — Voluntary and Involuntary Denied Boarding [2000-2019]
Old Mar 20, 2005 | 12:00 pm
  #99  
dspringer28
 
Join Date: Oct 2003
Posts: 1,845
COMPENSATION FOR INVOLUNTARY DENIED BOARDING If you are denied boarding involuntarily, you are entitled to a payment of "denied boarding compensation" from the airline unless (1) you have not fully complied with the airline's ticketing, check-in, and reconfirmation requirements, or you are not acceptable for transportation under the airline's usual rules and practices or (2) you are denied boarding because the flight is canceled; or (3) you are denied boarding because a smaller capacity aircraft was substituted for safety or operational reasons; or (4) you are offered accommodations in a section of the aircraft other than that specified in your ticket, at no extra charge. A passenger seated in a section for which a lower fare is charged must be given an appropriate refund); or (5) the airline is able to place you on another flight or flights that are planned to reach your final destination within one hour of the scheduled arrival of your original flight. The air carrier may offer free tickets in place of cash payment. The passenger may, however, insist on the cash payment, or refuse all compensation and bring private legal action.

AMOUNT OF DENIED BOARDING COMPENSATION Passengers who are eligible for denied boarding compensation must be offered a payment equal to the sum of the face values of their ticket coupons, with a USD 200.00 maximum. However, if the airline cannot arrange "alternate transportation" (see below) for the passenger, the compensation is doubled to USD 400.00 max. These maximum amounts are reduced by 50% on flights operated on aircraft with 60 seats or less. The "value" of a ticket coupon is the one-way fare for the flight shown on the coupon, including any surcharge and air transportation tax, minus any applicable discount. All flight coupons, including connecting flights, to the passenger's destination or first 4-hour stopover are used to compute the compensation. "Alternate transportation" is air transportation provided by an airline or other transportation used by the passenger which, at the time the arrangement is made, is planned to arrive at the passenger's next scheduled stopover (of 4 hours or longer) or destination no later than 2 hours for flights within the United States, including territories and possessions, or 4 hours for international flights after the passenger's originally scheduled arrival time.

METHOD OF PAYMENT The airline must give each passenger who qualifies for denied boarding compensation, a payment by check or draft for the amount specified above, on the day and place the involuntary denied boarding occurs. However, if the airline arranges alternate transportation for the passenger's convenience that departs before the payment can be made, the payment will be sent to the passenger within 24 hours.

PASSENGER'S OPTIONS Acceptance of the compensation may relieve Delta Air Lines from any further liability to the passenger caused by its failure to honor the confirmed reservation. However, the passenger may decline the payment and seek to recover damages in a court of law or in some other manner. Delta Domestic General Rules Tariff Page 53 of 58
Therefore, on the one hand I read it to mean that Delta does not have a choice to give a check. However, on delta dollars it does say be accepting them you give up all your rights to seek further compensation.
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