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Old Sep 13, 2008, 4:50 pm
  #136  
 
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Originally Posted by motytrah
In this case DL in in Violation of EU Regulations. Specifically European Commission Regulation 261/2004.

http://en.wikipedia.org/wiki/Europea...ation_261/2004

Based on what the OP stated, DL Owes every passenger on that flight 600 Euros, Hotel, Transport, meals, and a Phone call. Looks like they only covered hotel, and transport and meals.
How was this not the case for the OP's flight? Seems like DL tried to resolve the mx issue and, in the end, could not.

The airline is also required to pay cash compensation as described below, unless one of the following conditions applies:
the cancellation was caused by extraordinary circumstances that could not have been avoided by any reasonable measure.
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Old Sep 13, 2008, 5:01 pm
  #137  
 
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Not sure if Mechanical problems do not fall within "extraordinary circumstances". In any case you can always try EUClaim.co.uk to see if it does.
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Old Sep 13, 2008, 5:27 pm
  #138  
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Originally Posted by N808DE
the cancellation was caused by extraordinary circumstances that could not have been avoided by any reasonable measure.
Mechanical problems can be solved by the reasonable measure of maintenance.
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Old Sep 13, 2008, 8:23 pm
  #139  
 
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I've never heard of an airline getting away with MX as an exception. WX or labor issues? Sure. But MX, no way.

I would make a claim in writing to DL. That seems to work with other US carrier (like NW).

Remember, US flagged carriers on only on the hook on their metal, and ONLY when they depart from the EU. US rules apply when they depart from the US. However, EU flagged carriers (like AF and KL) are on the hook both ways.
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Old Sep 13, 2008, 8:46 pm
  #140  
 
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I don't think a US based carrier is subject to the EU regulations.
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Old Sep 13, 2008, 9:10 pm
  #141  
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Originally Posted by TXTBIRD13
I don't think a US based carrier is subject to the EU regulations.
It is when when the flight is originating from the EU, but not USA to EU.
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Old Sep 14, 2008, 3:54 am
  #142  
 
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Originally Posted by indufan
Mechanical problems can be solved by the reasonable measure of maintenance.
Then why wasn't it resolved at BCN? And how do we know the extent of the mx issue in the first place to judge?

In any event, hopefully only the OP and partner will the only 2 to receive the eur600 if they actually get it.
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Old Sep 14, 2008, 8:17 am
  #143  
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Originally Posted by N808DE
Then why wasn't it resolved at BCN? And how do we know the extent of the mx issue in the first place to judge?
Are you trying to make a case that mechanical issues can't be solved by maintenance? Obviously, they have to make judgment calls every day about what should be inspected and fixed in advance vs just waiting for it to break.

Just to take the example to the extreme, it is incredibly unlikely that you will have a headlight go out on a car if you put new ones in every day.
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Old Sep 14, 2008, 8:28 am
  #144  
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Originally Posted by indufan
Just to take the example to the extreme, it is incredibly unlikely that you will have a headlight go out on a car if you put new ones in every day.
That's a great example that proves the counterpoint: it isn't reasonable to replace car headlights every day, and reasonable avoidance is the EU test. Even new planes have mechanical issues. Suggesting all issues can be avoided with proper maintenance is gravely flawed.
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Old Sep 14, 2008, 8:36 am
  #145  
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Originally Posted by 3Cforme
That's a great example that proves the counterpoint: it isn't reasonable to replace car headlights every day, and reasonable avoidance is the EU test. Even new planes have mechanical issues. Suggesting all issues can be avoided with proper maintenance is gravely flawed.
You are absolutely right. But MOST maintenance issues can be solved that way. I don't know, or really care, how the EU would make the distinction.
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Old Sep 14, 2008, 8:51 am
  #146  
 
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Originally Posted by N808DE
Then why wasn't it resolved at BCN? And how do we know the extent of the mx issue in the first place to judge?

In any event, hopefully only the OP and partner will the only 2 to receive the eur600 if they actually get it.
Up until now the only US flagged carrier I was aware of that tried to claim MX issues are extraordinary was US Air. And they got beat up pretty badly over on fare compare about it the other year. It would be pretty sad to see that DL following US's lead in customer service "standards". However, as we have yet to see DLs response to the OP I'm withholding judgment.

I don't mean to pick on the N808DE, but I'm a bit disturbed to see fellow FTers actually hoping the airlines get to skirt regulations in this matter.

The regulations are there for a reason. They encourage airlines to reroute pax as quick as possible, even on other airlines if they have to. End result is getting PAX home as soon as possible.
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Old Sep 14, 2008, 9:38 am
  #147  
 
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Originally Posted by motytrah
I don't mean to pick on the N808DE, but I'm a bit disturbed to see fellow FTers actually hoping the airlines get to skirt regulations in this matter.
No offense taken. I did not mean to suggest that DL "skirt" regulations; only that, given the information provided (afterall the legal reference given was Wikipedia ) that I hoped DL would not have to shell out EUR600 to all pax. When, and if, they have to, it's no skin off my teeth. But, none of us knows what really happened or what liability DL has.

IMHO ... EUR600 seems a bit excessive if all other expenses are covered. But, it is what it is...glad I live in the EU now I suppose!
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Old Sep 14, 2008, 12:22 pm
  #148  
 
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A little more info...

Originally Posted by N808DE
IMHO ... EUR600 seems a bit excessive if all other expenses are covered. But, it is what it is...glad I live in the EU now I suppose!

Just to provide a little more info on this....We arrived at the airport at 10:30 am and our flight was scheduled to depart at 1:10 pm. At 1:30 they told us it would be delayed until 2:15. Around 2:00 the captain announced at the gate that they had to find the equipment which would test one of the panel indicators that they were receiving and that the test itself would take about an hour. Then they gave us a lunch food voucher equal to 9 Euros. At approx 3:30 they cancelled the flight and told us that they would be providing buses and hotels as there were no other flights departing from BCN back to the US that day.

We then all had to go down to baggage claim and retrieve our luggage and then we were escorted to the buses. So basically we were at the airport for over 6+ hours. Boarding the buses was a fiasco as there was not one person from Delta nor the bus drivers willing to help load the luggage in the bus storage bins located underneath the bus. My partner and I had a lot of luggage as we were coming off of a 12 day vacation/cruise but we managed. What surprised me though was the old people and how no one from Delta or the bus company helped these people. Fellow passangers were helpding with the loading of the luggage of the seniors, including a nun. This was repeated at the hotel and again the following morning both boarding the bus at the hotel and unloading at the airport.

By the time, we got checked into the hotel it was 6:00 pm and it being Spain the restaurant wasn't schedule to open until 8:00 pm, which of course it really opened at 8:30 pm and DL did provide a good dinner buffer and then breakfast again in the morning.

The next day the buses picked us up at the hotel at 8:30 and we departed BCN at 11:30. Which of course we had to go through the hassle again with the luggage loading an unloading and rechecking in at the airport.

I disagree that just because DL provided bus service, a hotel in suburban Barcelona, and 3 meals is adequate.

Spending the day at the Barcelona airport, loading and unloading our luggage 4 times; losing a day of work (bill rate $150 per hour); incurring add'l personal expenses such as home airport parking, the dog sitter, etc to me does not equal providing a hotel and a few meals. IMHO....600 EUR IMHO for all of this hassle is not unreasonable.

I will keep everyone posted on what DL offers my partner and I.

Last edited by GeorgeK; Sep 14, 2008 at 1:47 pm Reason: fdsa
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Old Sep 14, 2008, 1:21 pm
  #149  
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Originally Posted by 3Cforme
That's a great example that proves the counterpoint: it isn't reasonable to replace car headlights every day, and reasonable avoidance is the EU test. Even new planes have mechanical issues. Suggesting all issues can be avoided with proper maintenance is gravely flawed.
Correct... ALL issues cannot be avoided.

But... ANY issue can be made less likely to occur through an appropriate preventive maintenance and quality assurance program.

I agree with the posters who assert that the delay was not caused by extraordinary circumstances.
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Old Sep 14, 2008, 4:10 pm
  #150  
 
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Delta has a link you can follow to file a Exit European Union (EU) Compensation Request.

If your flight is delayed or canceled, you may be entitled to compensation, ticket reimbursement, or rerouting.
If we place you in a class of service lower than the class you purchased, you may be entitled to reimbursement of a portion of your ticket.
https://www.delta.com/exiteu
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