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

Hello fellow travelers,

This topic is all over the place here, but I can't find an answer to my specific problem of Air Traffic Controller fault.

I am trying to get compensation under the Regulation (EC) No 261/2004 of the European Parliament due to a delayed flight. The initial flight was from BCN-JFK and then a transfer JFK-LAX. BCN flight was delayed by 1.5 hours and we were bumped to the next available connecting flight from JFK-LAX, which resulted in about 5-6 hour total destination delay. I wrote to Delta (we bought tickets through their partner Air France) explaining situation and have received a strange response. In summary Delta said: "We apologize for the delay, it was caused by air traffic controller and is considered extraordinary, however, here is $100 per ticket in gift cards as a gesture of goodwill."

Since the flight was 4000km+ they are liable for EUR600 per ticket from what I can tell. Can I pursue further claims with them if I accept the gift cards, or should I write to them that this is unacceptable? Also, how do I get information of why the flight was delayed, I have a feeling that they are lying about air traffic controller fault, and I am not even sure that it falls under an exception to issue compensation?

What would you do? Or have you dealt with a similar case?

Operating carrier is on the hook i.e. Delta. First reach out to Delta via Delta.com and ask for compensation under the rule.

If they tell you go away or simply give same lame offer use AirHelp to go after them for you: https://www.airhelp.com/en/

BTW please know if Delta does not play ball this can take YEARS! I am fighting KLM now almost 2 years for a similar delay.

If the delay truly was ATC, then yes, that is traditionally extraordinary circumstances and not subject to payment. But this could also be a convenient response from Delta to avoid paying out the penalty.

Did any Delta employees at the airport describe the reason for the delay in detail? If so, what did they claim was the reason? Any details are important here...

If you have doubts about whether ATC was the real cause of the delay and would like to escalate to a third party, I recommend writing a letter to the AESA, the Spanish regulatory authority. In my case for an ex-BCN flight, they were very helpful requesting information from Delta and making a determination on whether compensation was payable, which resulted in the full value of my claim being paid by DL.

I am afraid that you are out of luck when it comes to compensation as under EC261 air traffic control delays are regarded as outside the airline's control. You would have been entitled to duty of care for delays while travelling, i.e. meal vouchers and hotel rooms (if overnight).

I for one am quite baffled how hard it is for everyone to get EU compensation; the OP and Rene have been in lengthy battles for which it seems like forever. Maybe it's because it took my 6 months to hit DM or because I have amassed 200k RDMs in 8 months, but I had a similar incident when I was delayed in AMS when flying to ATL. I reached home nearly 6 hours after my original scheduled arrival. I submitted an online complaint form and in about 32 days I was notified that there would be a check in the mail for me. Any input in why Delta makes this such a lengthy battle for some?

It depends on whether DL internally believes the reason for the delay is exempt from compensation. If it is obviously covered (MX delay would be the most obvious of these), they typically pay out relatively quickly. If the cause is less clear cut or they believe compensation is not due, you're in for a very long fight and will not likely succeed without involving a regulator.

The reason for the delay is one basis for the airline to contest the claim.

I believe Rene's situation was Delta asserting that the delay was measured by the departure time and not the arrival time. If that issue has not been determined then (and apparently Delta thinks that it has not) then it would be nice to have a definitive ruling (hopefully on the side of common sense and Rene).

In a nut shell you have it. KLM is saying only the 3 hour (they say minutes shy of that number) is all they owe for not the total trip that landed over 5 hours late.

Since KLM will not settle it looks like a ruling will have to come down and decide one way or the other.

I really wish the U.S. would implement something similar for carriers here in the states for domestic and international flights.

I believe that under EC261 you should have had the money within 7 days. But I don't think there is any penalty for missing that deadline!

It depends on the reasons. Since EU261 provides some hefty payments (including for some situations that I think are not appropriate for compensation) the airlines want to make sure they don't pay out any more then they need.

ATC delays are a reason for no compensation.

Unless DL is lying, OP is not due any delay/cancellation compensation under EC 261/2004. ATC delays are "extraordinary" and outside DL's control.

The $300 gift card is simply a customer service gesture which has nothing to do with EC 261/2004 and which OP should consider himself lucky to have under the circumstances.

OP is certainly free to pursue DL further, but unless OP has a reason to believe that DL is lying and that the reasons are otherwise, OP is going to lose and is wasting his time. The bottom feeder services such as AirHelp don't waste their time on pointless matters and will be quick to tell OP.

For those who want the US to enact something such as EC 261/2004, why not consider that no other jurisdiction other than Israel has done so. Those who feel that they must have the harm made up to them are free to purchase travel insurance. The rest do not need to subsidize this through higher fares.

The 7 days is only mentioned as far as reimbursement for downgrades and not delay or cancellation. And that would be because th airline knows the names and details passenger(s) affected and can't really dispute it - unlike with the causes of delays.

But there is no penalty is payment is delayed.

The enforcement aspects of EU261 do need strengthening though.

Doesnt EC261 only apply for European carriers?

EC261 applies to all carriers for flights departing EU.