Suing Delta
Jun 29, 2011, 11:55 am
#16
Join Date: Aug 2008
Location: MCO
Programs: DL-DM/1MM, HILTON-DIA, .HYATT-DIA/GLOB , IHG-PLT,HERTZ 5*, NATIONAL ES
Posts: 8,691
+. I love America!
I also agree that it seems to be more of an issue with the awards company. I think DL is less the issue here.
Jun 29, 2011, 12:21 pm
#17
FlyerTalk Evangelist
Join Date: Sep 2005
Location: MN
Programs: Lots of programs, dirt on all of them!
Posts: 11,938
My thoughts exactly. Probably purchased a C ticket before the devaluation of TYP's, then wanted to use the credit for other tickets. No wonder he doesn't want Citi to be a co-defendant, since they would blow his argument right out of the water. So now DL refunded the ticket to Citi's credit card and the huge credit is no longer available to him. I would be shocked, if this is the scenario, if he had even a small chance of winning the case.
Jun 29, 2011, 1:12 pm
#18
Join Date: Dec 2005
Location: Likely being followed...
Programs: DYKWIA Extraordinaire. TrollSlayer Mega Diamond. [insert esoteric sounding status level(s) here]
Posts: 5,240
My thoughts exactly. Probably purchased a C ticket before the devaluation of TYP's, then wanted to use the credit for other tickets. No wonder he doesn't want Citi to be a co-defendant, since they would blow his argument right out of the water. So now DL refunded the ticket to Citi's credit card and the huge credit is no longer available to him. I would be shocked, if this is the scenario, if he had even a small chance of winning the case.
Jun 29, 2011, 1:21 pm
#19
Join Date: Jul 2010
Location: MKE
Programs: DL-MM-Diamond HH-Diamond
Posts: 3,218
Jun 29, 2011, 1:24 pm
#20
Join Date: Oct 2006
Programs: AA EXP
Posts: 1,635
There was a thread in the discount hotels thread from a man who had filed a series of successful suits in small claims court, one of them against a restaurant over a $2 cheese charge. As I recall, he was going to mop the floor with priceline and Marriott. Then he lost the case. My recollection was that he was suspended from FlyerTalk, so he probably wouldn't be of much help in this instance.
Jun 29, 2011, 1:30 pm
#21
Join Date: Nov 2003
Location: MKE
Programs: AA Exec Platinum, SPG Platinum / Ambassador / Lifetime Gold, Avis FIRST
Posts: 3,293
If the ticket was refunded to the credit card of your loyalty program (maybe Thankyou or SPG flights or whatever), have you tried pressing your case with the loyalty program to get whatever points you spent back?
Jun 29, 2011, 2:01 pm
#22
Join Date: May 2005
Location: FLL
Programs: DL ♦M MM|HH♦|Marr Slvr|CO UA AA US|Pri Cub Plat|SPG|Avis 1st|Htz 5*
Posts: 5,044
[if you're going to give advice, learning to use Google would be helpful
]Delta: http://www.delta.com/legal/contract_of_carriage/index.jsp
United: Contract of Carriage
Continental: http://www.continental.com/web/en-US/content/contract.aspx
American: http://www.aa.com/intl/jp/footer_en/conditionsOfCarriage.jsp
Southwest: http://www.southwest.com/assets/pdfs/corporate-commitments/contract-of-carriage.pdf
Jun 29, 2011, 2:26 pm
#23
Join Date: Jun 2002
Location: Kingdom of the Sun
Programs: DL GM/MM
Posts: 3,708
If you live in the AA world. It varies.
[if you're going to give advice, learning to use Google would be helpful]
Delta: http://www.delta.com/legal/contract_of_carriage/index.jsp
[if you're going to give advice, learning to use Google would be helpful
]Delta: http://www.delta.com/legal/contract_of_carriage/index.jsp
So both 53flyer and CVG_Kid are correct; both terms can be used in this context. It's a draw.
Jun 29, 2011, 2:27 pm
#24
Join Date: Jun 2010
Programs: Whatever's Cheapest, Accruing Miles, Redeeming for Premium Cabins, Not Chasing Status Unnecessarily
Posts: 2,264
if they refunded it the way u paid why bshould u expect cash?
can u quote where they broke the contract exactly, or is this like hoping the cop doesnt show up at your traffi ticket hearing
eating lamb chops so typin with my pinky...
can u quote where they broke the contract exactly, or is this like hoping the cop doesnt show up at your traffi ticket hearing
eating lamb chops so typin with my pinky...
Jun 29, 2011, 2:52 pm
#25
FlyerTalk Evangelist
Join Date: Apr 2009
Location: Bye Delta
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IANAL, but small claims court may not work depending on your state. If your damages exceed the limit for small claims court, you may not be able to bring suit there even if you are seeking to recover an amount under the limit.
Jun 29, 2011, 3:03 pm
#27
FlyerTalk Evangelist
Join Date: Dec 2004
Location: MSP
Programs: Fallen Plats, ex-WN CP, DYKWIW; still a Hilton Diamond & Club Cholula™ R.I.P. Super Plats
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Not true, I did that many times during my unfortunate tenure as a rental property owner. State the actual damages, then wrap it up with "all of which is reduced to $xxxx for the purpose of filing in small claims court".
Jun 29, 2011, 3:14 pm
#28
FlyerTalk Evangelist
Join Date: Apr 2009
Location: Bye Delta
Programs: AA EXP, HH Diamond, IHG Plat, Hyatt Plat, Marriott Plat, Nat'l Exec Elite, Avis Presidents Club
Posts: 16,276
Again, pretty sure this depends on your state. Some allow it and some don't.
Jun 29, 2011, 3:18 pm
#29
Original Member
Join Date: May 1998
Location: Orange County, CA, USA
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