smartytravel

It was a single trip from Spain go the US, and a delay occured on a connecting flight from Atlanta to another US destination.

Goodoldflyer

I see a court ruling that affects EU carriers in this situation, but not one that covers Non-EU carriers.

BigFlyer

I don't see that Delta agreed that the money is due under EU261 in the portion you quoted.

Whoever wrote that response from DL clearly was not a native English speaker. But the reference to "gesture of apology" suggests to me that they are thinking of a goodwill gesture - EU261 payments are not gestures of apology. Given that the delay was a on a DL domestic flight, they may be assuming that the delay is not covered by EU261 (regardless of whether it is actually covered or not.)

smartytravel

I've had a very lengthy exchange spanning across 5-6 emails back and forth.

Delta knows they need to pay, and didn't deny that.

I've explained to them the basics like a single flight from the EU for the US, case 561/2004 which reaffirmed that the compensation is due.

My case is a clean cut case, and Delta uses shareholders as a way to get out of their legal obligations.

​​​​​​I questioned them why they would be denying the EC261 compensation, and they just said they couldn't provide compensation.

lindros2

doesn't the EU version of the DOT handle this (get involved)?

Or have you reached out to a third party EU261/2004 collections company? (I think they take 15-20% if you're successful)

smartytravel

I'm trying to find this EU Version of the DOT in Spain but I'm not sure. There's the Spanish AESA but they say they cannot force the airline to pay. They can issue a license that could be later used for enforcement.

So do i go to court? But if so, which one? What's the procedure?

lindros2

I’m not sure you will get anything. Court cases will take how long?

Again the other route is a company who helps get this money. I tried three times, and two of three they rejected the case; third was successful.
ATL > AMS was broken. Missed connection to ARL and had to spend night in AMS and missed business meeting.

flyerCO

Their version of DOT can issue an order saying airline should pay, (and pursue fining) but to get payment for yourself, may need goto court.

Have five options.

1)Continue arguing back and forth
2)File a complaint with Spains version of FAA/DOT
3)Hire an EC261 specialist company. They will take a percentage of whatever airline must Pau
4)File a new request for compensation. This will likely get you in front of a new analyst at DL. I would note you have previously requested EC261 compensation, but that agent seems to be failing to understand what EC261 (not saying it doesn't apply, but not understanding that it isnt "goodwill gestures").
5)Call in. Explain that you have requested compensation due to delayed flight under EU rules, but that agent assisting you doesn't seem to understand what EC261 is. Ask agent to please get you in touch with someone in CS. (Or that they discuss with someone on your behalf)

Goodoldflyer

Why not just put your energies into getting a flyer's bill of right passed in the U.S.?

That's a lot of time and energy over 600 euro.

flyerCO

600€ is not some small token amount to most people.

Regardless, what is point of having a "flyers bill of rights," if just go "oh well" when don't pay.

Goodoldflyer

I think they WOULD pay, or be a lot more amenable to provide some relief, if the presiding court were in the U.S.

This is a U.S. carrier interpreting some ruling in Europe.

iexaltu

Need some guidance - my niece was scheduled to fly from ACC to AMS to DTW. ACC to AMS was on KL 590 and AMS to DTW was on AF5601 operated by Delta airlines DL 135. While she was on the way from ACC to AMS, the AMS to DTW was cancelled. She was rebooked for a flight 9 hours later. We reached out to Delta about compensation and here is the response we received. Is this correct? I appreciate any guidance or thoughts.We are declining your request for compensation under this regulation since it doesn't apply to flights departing a non-Europe country and destination to non-Europe country.

As of December 19, 2019, the legal teams, based on the European Court of Justice (ECJ) recent decisions, have determined that customers traveling from an origin outside the EU to a destination outside of the EU will no longer have travel that falls under the EU 261/2004 Regulation.

blaz

That's nonsense.

https://condonlaw.com/2019/07/europe...cancellations/

blaz

Also:

https://europa.eu/youreurope/citizen...r/index_en.htm

xliioper

What was the reason for cancellation? If it was due to weather or something outside of DL's control, you will likely be turned down anyway.