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Regulation (EC) 261/2004 Delayed flight - Delta Air Lines Definitive Thread

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Regulation (EC) 261/2004 Delayed flight - Delta Air Lines Definitive Thread

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Old May 24, 2022, 3:56 pm
  #181  
 
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My claim from Dublin to JFK (delayed 7 hours) was denied in 2018.
Guess they cleaned it up - somewhat...
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Old May 24, 2022, 7:37 pm
  #182  
 
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Nice job to the OP pushing on DL to deliver what is required. Most passengers likely don't even know they are eligible for compensation (but you have to ask). Technically the airline is supposed to inform passengers they are entitled to compensation but good luck getting that enforced on a non-EU based airline. Even if they file a claim most are probably happy w/ 400 in vouchers and don't push. It pays to know the rules. If DL doesn't want to play ball you can report them, which (unlike filing most DoT complaints in the US) will come back to DL. The are some exceptions to EC261 comp, but they are very narrowly defined.
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Old May 24, 2022, 8:00 pm
  #183  
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Delta has a few versions of this PDF on their website that details that you can choose between cash or a higher transportation credit voucher (e.g. €800 for a Type 3 flight).

I've only had one experience with EC261, but Delta paid within a month or two. I used the "email us" form on delta.com which may have contributed to the slowness.
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Old May 24, 2022, 8:20 pm
  #184  
 
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There is a quirk in the regulation that is easily overlooked. You are eligible for compensation if your flight is delayed greater than three hours for all types of flight. The different requirements of 2, 3 or 4 hours apply to different types of flights for meals, hotels or refreshments, or if you are placed on an alternative flight. In my case, the total delay was over four hours, but you may need to be prepared to make that argument.

It's interesting seeing Delta's PDF where a 400 EUR travel credit isn't even an option. Definitely reinforces the idea that they don't actually deal with many of these claims. There would have been over 300 passengers eligible from my flight alone.
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Old Jun 24, 2022, 8:03 pm
  #185  
 
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Looking for advice if I have a claim. Took DL223 on 6/22 ATH-ATL, delayed about 1.5 hours, which arrived at 8:32pm on 6/23. My original connection to LAX was scheduled to depart at 8:49pm. During the first flight, I used wifi on the plane and logged onto Delta.com and looked for rebooking options since I would certainly miss this connection. I was offered the 10:30pm flight on 6/23, but no first class. I opted to take a 6/24 flight that had first class available, as that was my original booked class. So far, so good... It turns out my original flight at 8:49pm did not depart until 9:29pm from Atlanta, which is a tight connection, but possible I guess?

So by voluntarily choosing to choose a later flight during my first flight, anticipating a missed connection, am I still eligible for EC261?
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Old Jun 24, 2022, 8:43 pm
  #186  
 
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I plan to make a UK/EU 261 claim for a cancelled LHR-DTW flight due to an aircraft maintenance issue. Flight rebooked (involuntary downgrade) via ATL and arrived in DTW around 9 hours later than the original ticket. Do you make the claim via email? A letter? I originally phoned the Delta Silver Medallion line; the representative there processed my clam for a refund in the class downgrade and offered flight vouchers. She said if I wanted more than she could offer to contact Corporate Customer Care and provided the phone number. The phone number doesn’t seem to be answered these days (probably too many complaints!), so I’m not sure the best way to make my request for an UK/EU 261 claim.

TIA!
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Old Jun 24, 2022, 8:46 pm
  #187  
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Originally Posted by ehchan
Looking for advice if I have a claim. Took DL223 on 6/22 ATH-ATL, delayed about 1.5 hours, which arrived at 8:32pm on 6/23. My original connection to LAX was scheduled to depart at 8:49pm. During the first flight, I used wifi on the plane and logged onto Delta.com and looked for rebooking options since I would certainly miss this connection. I was offered the 10:30pm flight on 6/23, but no first class. I opted to take a 6/24 flight that had first class available, as that was my original booked class. So far, so good... It turns out my original flight at 8:49pm did not depart until 9:29pm from Atlanta, which is a tight connection, but possible I guess?

So by voluntarily choosing to choose a later flight during my first flight, anticipating a missed connection, am I still eligible for EC261?
Yes. All they'll care about is scheduled departure time.
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Old Jun 25, 2022, 3:55 am
  #188  
 
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Originally Posted by flyerCO
Yes. All they'll care about is scheduled departure time.
Did you mean arrival time? The departure was only 1.5 hours late. Thanks.
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Old Jun 25, 2022, 8:35 pm
  #189  
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Originally Posted by ehchan
Did you mean arrival time? The departure was only 1.5 hours late. Thanks.
Your question was in regards to fact flight to LAX left late. My answer is in regards to that question.

No they won't deny because of fact might have made the actual departure. They only will care that you couldn't make it based on scheduled departure. Ie they won't see it as taking a later flight, when earlier was available.
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Old Jul 21, 2022, 2:15 pm
  #190  
 
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If your first flight is cancelled and then your relief flight with a new flight number has a delay that puts your ATL connection under the MCT and you wind up getting home 3+ Hours later than original schedule, is that under the first 261 claim or can I file a second claim?
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Old Jul 22, 2022, 2:52 pm
  #191  
 
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Originally Posted by MSPeconomist
Sorry, but I avoid clicking on random links on the internet.

BTW, most European airlines fulfill their EC261 obligation to provide notice of passengers' rights by having some signs near their service counters, check in counters, and/or gates; they don't distribute printed leaflets to customers. Do we know that DL failed to do the same?
For our Wednesday Munich cancellation, passengers were provided with two papers, one was an apology for the cancellation and a note that Customer Care would be following up with a goodwill gesture, which turned out to be 17.5K redeemable miles each and the other one explained passenger rights regarding denied boarding and flight delays/cancellations under EU 261.

The EU 261 explanation seemed very thorough in terms of explaining rights and compensation- I get the feeling that the legal department Had Reasons for that but was not that great on explaining on just how to file a claim with Delta to get that compensation.
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Old Jul 22, 2022, 4:36 pm
  #192  
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Originally Posted by beachmouse
If your first flight is cancelled and then your relief flight with a new flight number has a delay that puts your ATL connection under the MCT and you wind up getting home 3+ Hours later than original schedule, is that under the first 261 claim or can I file a second claim?
Only one claim per direction. You're being compensated for getting to destination late.
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Old Aug 28, 2022, 12:08 pm
  #193  
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Need some advice on the following:
Friend of mine was scheduled to fly on DL258 (BOS-AMS) on the 11th of June, flight got cancelled and he was moved to DL258 on the 12th of June.

Flight on the 12th of June was delayed by 6 hours and 19 minutes, because at departure time the majority of passengers were still at check-in. However, DL claims he is not entitled to EU261/2004 compensation because of a late ATC clearance, which seems incorrect.
Is there any way to counter that claim with additional information? Unfortunately, Expertflyer does not have the info available because the flight is already a while ago.
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Old Aug 28, 2022, 12:16 pm
  #194  
 
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EU compensation rules don't apply to flights to the EU on non-EU carriers.

Originally Posted by hmv
Need some advice on the following:
Friend of mine was scheduled to fly on DL258 (BOS-AMS) on the 11th of June, flight got cancelled and he was moved to DL258 on the 12th of June.

Flight on the 12th of June was delayed by 6 hours and 19 minutes, because at departure time the majority of passengers were still at check-in. However, DL claims he is not entitled to EU261/2004 compensation because of a late ATC clearance, which seems incorrect.
Is there any way to counter that claim with additional information? Unfortunately, Expertflyer does not have the info available because the flight is already a while ago.
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Old Aug 28, 2022, 1:39 pm
  #195  
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Originally Posted by hmv
Need some advice on the following:
Friend of mine was scheduled to fly on DL258 (BOS-AMS) on the 11th of June, flight got cancelled and he was moved to DL258 on the 12th of June.

Flight on the 12th of June was delayed by 6 hours and 19 minutes, because at departure time the majority of passengers were still at check-in. However, DL claims he is not entitled to EU261/2004 compensation because of a late ATC clearance, which seems incorrect.
Is there any way to counter that claim with additional information? Unfortunately, Expertflyer does not have the info available because the flight is already a while ago.
This seems to have been a DL operated flight FROM BOS TO AMS, so EC 261 doesn't apply. It would have applied if the flight had been operated by (EC carrier) KLM (even as a DL codeshare) or for a DL flight on the reverse route (departing EC) from AMS to BOS.
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