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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 Apr 23, 2019, 12:17 pm
  #121  
 
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Originally Posted by CO-PLAT
Not sure it matters with respect to EC 261, but the they said I couldn't fly without my bag for security reasons.
Even though I didn't mention it, Delta already dismissed EC 261 applicability in their email response to my complaint:
Your travel falls under the guidelines of European Union Regulation (EC) 261/2004 defining an airline's requirements when flight changes occur due to weather will not be compensated, but care and assist should be provided. Royal Dutch Airline flight KL XXXX and Delta Air Lines flight DL XXX on April 11, 2019 from XXX to Salt Lake City via Amsterdam was both delayed due to Air traffic control holding the aircrafts.
I assume they meant your bag couldn't fly without you for security reasons.

My understanding is that your bag cannot fly without you due to a voluntary decision that you make - e.g., deciding to take a later flight. However, if you are separated from you bag involuntarily and unpredictably (as in a delayed inbound flight), then your bag can fly without you.
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Old Apr 23, 2019, 9:34 pm
  #122  
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Originally Posted by BigFlyer
I assume they meant your bag couldn't fly without you for security reasons.

My understanding is that your bag cannot fly without you due to a voluntary decision that you make - e.g., deciding to take a later flight. However, if you are separated from you bag involuntarily and unpredictably (as in a delayed inbound flight), then your bag can fly without you.
Correct. Note this doesn't apply to US domestic flights, where bag matching is not required.

Originally Posted by BigFlyer
The Spanish case you referenced in your post dealt with denial of boarding due to overbooking, there is no indication that there was overbooking here.
Also are we sure OP was there before the boarding cutoff? Just because passengers were still boarding doesn't mean hadn't past the cutoff.
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Old Apr 23, 2019, 10:10 pm
  #123  
 
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Originally Posted by flyerCO
Also are we sure OP was there before the boarding cutoff? Just because passengers were still boarding doesn't mean hadn't past the cutoff.
Pretty sure I was not there before the cutoff. 50 minute scheduled connection. 4 minute late arrival. I, among hundreds of others, were held back at the passport check "short connection" line. They were calling out specific flights to let people through the line. I've seen this here before. 9:50 flight to Quito went before the three Delta flights that had a 10:00 departure. 10:00 departure and they don't let you through until about 9:30. Lots of anxious passengers, including myself.
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Old Apr 25, 2019, 1:16 am
  #124  
 
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Originally Posted by BigFlyer
Was the LAX-AMS flight diverted to ATL? I don' think ATL is anywhere near the LAX-CDG route.
Yup we divert as we approached the Minnesota border, which was around 1 am local time. They decided to put us in ATL for an undisclosed reason, landing around 3 am. They eventually replaced the A330 and took off around 8 am. Not sure how they handled the passengers but I quickly rebooked via DM line and when they didn't have hotel vouchers ready, just booked the nearest Hilton to get some sleep.
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Old May 11, 2019, 2:51 pm
  #125  
 
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Update- I followed up after emailing my request with a call to Delta Corporate, then transferred to their global dept. Within a week I received a check for $674. Thank you all for your help.
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Old Aug 1, 2019, 8:07 am
  #126  
 
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Delta EU Regulation EC-261/2004: How to properly apply for this compensation

Hello-
I've searched and haven't found the official avenue to apply for this compensation. I have tried going through the websites' 'Comment/Complaint' portal and have not received any feedback - they seem to be ignoring it. It has been 3+ weeks since the flight cancellation and 3 weeks since the correspondence was sent. No resolution, just a form response saying they received it and 'appreciate my loyalty'.

Has anyone had any luck submitting directly to Delta instead of a 3rd party? If so, how was it done? I'd rather not involve an agency that takes 25%.

Thanks-
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Old Aug 1, 2019, 9:13 am
  #127  
 
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There are existing threads that discuss this in detail, such as: this one.

Also, they just had multiple weather IRROPs and I'm sure that slows them down in replying to emails. If you didn't specifically route to EC261, the first person might need to triage it before it even gets to that team.

If you have the reference ID of the email, it might be worth DMing on Twitter to @Delta and asking them to check the status of the reference ID. If you have time, you can also call the 404# for Customer Care just to check the case status, but the EC261 team only replies via email.
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Old Aug 1, 2019, 10:15 am
  #128  
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DL will get to it. However this is busy summer travel time, theres been plenty of bad weather, etc... Even as a DM 3 weeks is the norm.
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Old Aug 31, 2019, 9:48 am
  #129  
 
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My flight home from Ireland was delayed over the 3 hours (to the final destination) and I submitted this nice version of the ask to Delta back on August 13th. As of today there has been no response other than to reply with a case number. I reached out today with the case number and they said they "haven't looked at it yet, and it typically takes 45 days to review a case" which is funny since the email response said they'd be in touch within 14 days.

So I'm assuming they are not taking my request very seriously. Granted we were only 5 min over the 3 hours, but rules are rules right?
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Old Aug 31, 2019, 10:16 am
  #130  
 
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Originally Posted by lucycan
My flight home from Ireland was delayed over the 3 hours (to the final destination) and I submitted this nice version of the ask to Delta back on August 13th. As of today there has been no response other than to reply with a case number. I reached out today with the case number and they said they "haven't looked at it yet, and it typically takes 45 days to review a case" which is funny since the email response said they'd be in touch within 14 days.

So I'm assuming they are not taking my request very seriously. Granted we were only 5 min over the 3 hours, but rules are rules right?
Looking back to a claim I made through Delta for a delayed flight on Air France in 2017. It took about 30 days from the time of the claim until I received the email telling me I would be paid.

Also, from what I've read on Flyertalk in the past they don't ignore the claim - they don't deny by silence, they send you an email telling you that you have been denied,

So don't give up hope.
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Old Aug 31, 2019, 10:18 am
  #131  
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You are personalizing this way too much. It is simply a delay and not about "seriousness" of the length of the delay.

45-60 days would be the norm. But, the good news is that DL is very good about paying out when payment is due.
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Old Aug 31, 2019, 10:27 am
  #132  
 
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Originally Posted by Often1
You are personalizing this way too much. It is simply a delay and not about "seriousness" of the length of the delay.

45-60 days would be the norm. But, the good news is that DL is very good about paying out when payment is due.
I would hesitate to say Delta is "very good" about paying compensation when the EU regulation requires payment within 7 days - a deadline they never (and never is not an exaggeration here) meet.
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Old Aug 31, 2019, 10:28 am
  #133  
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Originally Posted by lucycan
My flight home from Ireland was delayed over the 3 hours (to the final destination) and I submitted this nice version of the ask to Delta back on August 13th. As of today there has been no response other than to reply with a case number. I reached out today with the case number and they said they "haven't looked at it yet, and it typically takes 45 days to review a case" which is funny since the email response said they'd be in touch within 14 days.

So I'm assuming they are not taking my request very seriously. Granted we were only 5 min over the 3 hours, but rules are rules right?
When you say only 5 minutes over, are you going by the arrival time at your final destination, assuming you were connecting somewhere in the USA to somewhere else in the USA? It doesn't go by the time you left Ireland. It goes by the time you arrived at your final destination, from what I remember.

My two friends that I helped file a claim had phone calls from Delta and checks in their hands in their mailbox in 6 days from the date that I helped them file the claim online. That may be the exception rather than the rule, but it was absolutely incredibly fast!
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Old Aug 31, 2019, 3:04 pm
  #134  
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Originally Posted by BigFlyer
I would hesitate to say Delta is "very good" about paying compensation when the EU regulation requires payment within 7 days - a deadline they never (and never is not an exaggeration here) meet.
I believe the 7 day deadline you refer to is for refund of ticket due to downgrade/cancellation, not for payment of compensation.

Last edited by flyerCO; Aug 31, 2019 at 8:22 pm
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Old Aug 31, 2019, 3:43 pm
  #135  
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Originally Posted by BigFlyer
I would hesitate to say Delta is "very good" about paying compensation when the EU regulation requires payment within 7 days - a deadline they never (and never is not an exaggeration here) meet.
DL is very good.

Even most EU carriers run 90+ days for payment other than for their top level elites. There is no penalty and no reason for any carrier to process faster.
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