Regulation (EC) 261/2004 Delayed flight - Delta Air Lines Definitive Thread
Jul 31, 2018, 11:39 am
#91
Join Date: May 2016
Location: YUL
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My understanding is that a WX inbound is not IN ITSELF sufficient to deny compensation. The basis for that rulling was that often an airline could reasonably have ability to handle it by swapping equipment.. An obvious example would be at a major hub.
I assume in this case DL would have had a single flight in/out. So could not reasonably be expected to have a backup. And thus no soup for OP :-)
[Sorry OP, but you you might as well submit and see if it works. Likely to get some happy miles even if they deny it]
I assume in this case DL would have had a single flight in/out. So could not reasonably be expected to have a backup. And thus no soup for OP :-)
[Sorry OP, but you you might as well submit and see if it works. Likely to get some happy miles even if they deny it]
Jul 31, 2018, 3:28 pm
#92
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Wholly incorrect. There is no such requirement to rebook. A simple search will show what the above poster you quote is correct.
Aug 1, 2018, 3:12 pm
#93
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I was under the impression that the Montreal Convention would force the airline to rebook you on another airline at no charge or at least have to pay for a rebooking due to Article 19.
Aug 1, 2018, 4:43 pm
#94
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Article 19 imposes no such duty. In fact the airline only must show it took reasonable steps to avoid a delay. No court has ruled this means booking on OAL.
Aug 3, 2018, 6:58 pm
#95
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True, but Quebec Courts have ruled in favour of passengers based on Article 19 of the Montreal Convention. "The carrier is liable for damage occasioned by delay.." Rebooking on another airline has been ruled in Quebec as a 'damage' or an 'expense' that the airline had to pay back. Of course, this is after going through Small Claims Court.
Aug 3, 2018, 7:25 pm
#96
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True, but Quebec Courts have ruled in favour of passengers based on Article 19 of the Montreal Convention. "The carrier is liable for damage occasioned by delay.." Rebooking on another airline has been ruled in Quebec as a 'damage' or an 'expense' that the airline had to pay back. Of course, this is after going through Small Claims Court.
Aug 4, 2018, 9:20 am
#97
Join Date: May 2016
Location: YUL
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Posts: 433
Small claims court rulings generally don't establish precedent. Also a lot of times it's cheaper to just pay a small claims case then it is to fight it, even if case was clearly ruled wrong under binding precedent. In some case not even replying and jist paying a default award is the cheapest route as long as it doesn't establish precedent.
Aug 31, 2018, 6:17 pm
#98
Join Date: May 2008
Posts: 1,604
It’s been 30 days since I filled the claim no response from Delta. Is there a time limit that the airline has to respond to my claim? If so, how should I proceed?
Aug 31, 2018, 10:27 pm
#99
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30 days is what I as a DM am having it take. Wait till 45 and call customer service with your case number. There's no deadline AFAIK.
Sep 1, 2018, 6:24 pm
#100
Join Date: Aug 2014
Posts: 75
I filed a EC 261 claim with Delta for a flight at the beginning of August. I submitted the claim online and received a "canned" email with a case number. As it had been approximately 28 days I called today to check on my claim and after being transferred 2 or 3 times I finally spoke to a knowledgeable agent about my claim. She informed me my wife and I (both GM) were due compensation under the rules as our delay was +12 hours to our final destination. In addition I informed her of the out of pocket expenses I incurred (hotel, food, taxi) and she mentioned these would also be covered at a standard reimbursement rate (I believe $200 for the hotel, $100 for the taxi, and $100 for the food). Unfortunately they couldn't just credit my card however they're sending us a check (takes up to 30 days) for the EC 261 and additional expenses.
In terms of background on our claim it was due to a maintenance delay out of NCE that caused us to miss our connection at JFK.
In terms of background on our claim it was due to a maintenance delay out of NCE that caused us to miss our connection at JFK.
Mar 29, 2019, 7:38 pm
#101
Join Date: Oct 2005
Location: London
Posts: 726
Eu261 response times?
Any recent experiances with delta paying out EU261?
Was on last sunday's DL 11 which arrived in MSP over 4 hours late, logged and raised a compliant via the website.
Just curious if anybody has any recent experience with timelines or difficulty with getting the 600 Euros compensation
Was on last sunday's DL 11 which arrived in MSP over 4 hours late, logged and raised a compliant via the website.
Just curious if anybody has any recent experience with timelines or difficulty with getting the 600 Euros compensation
Mar 29, 2019, 7:50 pm
#102
Join Date: Jul 2005
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Any recent experiances with delta paying out EU261?
Was on last sunday's DL 11 which arrived in MSP over 4 hours late, logged and raised a compliant via the website.
Just curious if anybody has any recent experience with timelines or difficulty with getting the 600 Euros compensation
Was on last sunday's DL 11 which arrived in MSP over 4 hours late, logged and raised a compliant via the website.
Just curious if anybody has any recent experience with timelines or difficulty with getting the 600 Euros compensation
Apr 21, 2019, 12:56 pm
#104
Join Date: Apr 2019
Programs: Delta, AA
Posts: 5
How do I file EC 261 Claim
This is my first post and I'm hoping for help. I was on a Delta flight from BRU to JFK which was delayed 4+ hours due to mechanical issues. The flight was delayed over two hours then allowed boarding. While on the plane they determined there was an other issue, about an hour and half later the flight was cancelled and returned to the gate. The next flight was the following day. I received an email with 12,500 skymile compensation but I'd like to file a EC 261 claim. Is there a specific form? Where to I file this, by mail or is there a place on there website to request this. I believe I am allowed 600euros.
Last edited by seas; Apr 21, 2019 at 1:33 pm
Apr 21, 2019, 1:15 pm
#105
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Welcome to FlyerTalk Delta forum! 
A moderator will likely move your post to another thread that's already discussing this issue, but, please read the 2 very recent posts I posted with my experience about this, and how easy it was! I'm just asking that when you send an eMail, please don't use my exact letter.
Thanx!
DT - - - Good luck!
The narrative of what happened:
EU Compensation Claim
What I did and how Delta resolved it - FAST!
EU Compensation Claim
A moderator will likely move your post to another thread that's already discussing this issue, but, please read the 2 very recent posts I posted with my experience about this, and how easy it was! I'm just asking that when you send an eMail, please don't use my exact letter.
Thanx!
DT
- - - Good luck! The narrative of what happened:
EU Compensation Claim
What I did and how Delta resolved it - FAST!
EU Compensation Claim