MSPeconomist

The airline might try to make the passenger believe that the plane wasn't full if they believe that convincing the person that it wasn't an IDB as defined by DOT regulations (which specify an oversell situation) will exempt the airline from paying IDB compensation according to DOT rules. Here, however, for a departure from the EU, EC261 applies regardless of whether the flight was full or not.

Does anyone know whether an IDBed passenger leaving the EC on on USA carrier would be entitled to both EC261 and DOT IDB compensation for the same incident?

sethb

No, just the maximum of them.

cj1099

ok, so to clear some things Up.

1. filed a claim with Air France, spoke with them, very apologetic and nice, said it should be covered under those EU rules, but said to write up a file claim online.

2. Yep, I am she, and it's my daughter and it is hard for me to get emotional.

3. they all ask me why i didn't pay for the unescorted service fee??? Since, i had my sister there i wasn't so worried, and my daughter speaks some french, and never in my wildest dreams thought this could happen. And lastly, she has traveled to over 15 countries, but i'm sorry she is a mouse. (love her dearly, though)


4. GOA is what is says at the destination on the ticket for GENOA.. BTW.

5. as for the baggage, I really thought i handled that brilliantly. I went on Facebook and contacted someone, she was able to get my daughter her luggage in 5 days to the Costa cruise she was on! that was impressive. She even told me in a private message for my daughter to go shopping , unfortunately my daughter turned "Off"" her phone and never got the message, only bought underwear and essentials.

6. And yes they used the word "glitch" , but i didn't think about asking if it affected other passengers, good question!!

lastly, they had not responded to my claim, i just called and they referred me to the delta reply, which was no compensation.

Now, what should I do???
cj

MSPeconomist

3. At 16, daughter isn't required to use the UM service and probably would object. Having sister see at everything is OK at the CDG gate should be sufficient.

For a seven hour delay, AF should have at least given her some food vouchers as part of the EU duty of care.

DL 99 is Delta operated flight, so OP (or daughter--it would be good experience for her to do this with help and supervision, especially if she's a mouse) should file an EC261 claim with DL. It doesn't matter whether the flight was oversold or not. Daughter had a boarding pass (so she was checked in and ticket was OK, or the airline has some explaining to do since EC261 doesn't exempt carriers from paying compensation if they claim computer problems) and was at the gate on time.

I'd try again with DL before going to one of the services that will obtain EC261 comp for people in exchange for a percentage of the winnings. Stress that this is an EC261 case and therefore does not require an oversale. You might mention that daughter should have been given a statement of her EC216 rights at CDG when she was IDBed.

flyerCO

1)Did the BP she had originally say anything like "Paper Ticket Required"?
2)How was the ticket purchased. I ask because if it was trough a travel agent, there could be issues with how the reservation and tickets were issued.
3)On the receipt you got for the reservation it should show ticket numbers, is there only one listed, or multiple? It should start with either 006 or 057
4)Was there any issues when flying outbound to GOA? This could have required a ticket re-issue and caused problems.
5)Just to make sure, was both the AF flights and DL flights all on one reservation?

flyerCO

GOA is the airport code for Genoa. The airport in India you refer to is located in Goa, the airport code is GOI.

cj1099

ok, i am going to try to answers all these questions?

just like all teenagers- she said she was fine- she didn't need any help , she could take care of herself, she had been to many airports before< ha, ha, ha .
I really didn't know she was a mouse??? After they took her ticket, she sat there quietly crying while they boarded the plane and left. It took me four hours, via text to convince her to go and change her seats from the middle aisle to a Window.

Why she didn't call one of her parents when this Happened , i really don't know!

Ok, BP was reissued at GOA- paper copy all the way to IND.
ticket number started with 006
Purchased online via Delta direct (grandparents gift)

oh, DL just replied with email.
Please know Delta handles all correspondence on behalf of Air France if the customer resides in North America. I've reviewed all aspects of this flight and your comments, and respectfully there's nothing more we can add. Again, EU compensation is only due to a passenger who was involuntarily denied boarding due to an oversale of a flight. Delta Flight 99 on July 7 was not in an oversold situation and compensation is not due. I'm sorry for any disappointment. With that said, it's clear this was a frustrating experience and as an exception, I've added an additional 2,500 bonus miles to Kathryn's SkyMiles account. Please allow up to three days for the miles to credit to the account.

cj

jtrue28

Wow!!!... a whole 2,500 miles for this entire ordeal. Jesus Tapdancing Christ. Sorry OP.

Carpboy823

2,500 miles is an absolute insult for compensation, especially considering that folks will get 10K+ SM for inoperative IFE for similar TATL flights.

UKtravelbear

That response is 100% round objects!

There is nothing in EU261 that says that the denied boarding compensation in linked with an over selling situation and to suggest otherwise is wrong.


have a read of it here Article 4 is about denied boarding.

sethb

Ask Delta to explain precisely why she was denied boarding, and how EU 261 compensation is not required based on that reason.

I'd send the letter to Delta's Legal Department.

jsk1973

I mean no disrespect to the OP, but it still feels like something is missing from this story — perhaps something the daughter hasn't even disclosed to the OP.

I know airline employees often do dumb things, but why would a gate agent randomly boot a girl off a flight that apparently wasn't oversold? Why would the gate agent make more work for himself by doing this?

MSPeconomist

It would be interesting to know why DL says she was not permitted to board the flight.

It's hard to imagine a reason that would preclude EC261 compensation, but I find it strange that DL keeps repeating that they own nothing since the flight wasn't oversold. Especially on the second round, customer service employees responding to email complaints should know the basic rules.

cj1099

ok, my you guys are a suspicious lot, but nothing is missing here!! And nothing is withholding from my daughter- i am truly certain of that. She is not my only child, and i have years of experience working with children.

but hope this helps. On a earlier email from delta this is their excuse::

Thank you for your additional comments. I appreciate the opportunity to provide you more information and to specifically address why the compensation you are referencing is not due. The EU compensation you are referring to is only due to a passenger who was involuntarily denied boarding due to an oversale of a flight. Delta Flight 99 on July 7 was not in an oversold situation. Our records show there was a technical problem with the check-in system at the gate, and the agents were unable to resolve the issue in time for Kathryn to board the flight. Again, I'm so sorry for your disappointment.

Now, does this help clear things up???
does, this help clear up things up??

cj1099

sorry for the double typo!
truly appreciate the agreement of 2500 miles- what a joke!!