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-   -   Delta Compensation Definitive Thread (https://www.flyertalk.com/forum/delta-air-lines-skymiles/1814354-delta-compensation-definitive-thread.html)

EasternTraveler Dec 23, 2010 8:21 pm


Originally Posted by rmcohenesq (Post 15468033)
After requesting compensation pursuant to the link, Delta sent an email for a $250.00 travel voucher, rather than the required €600 for flights cancelled as per European Union rules.

Shame on Delta for this attempt...

Are you a UK resident or a US resident? The offer indicates that you are a US resident and therefore not eligible for the EU rules. EU rules only apply to those that book their flight on an EU site and depart from the EU as thier first leg. A US citizen will be governed by US rules only.

motytrah Jan 10, 2011 8:25 pm


Originally Posted by EasternTraveler (Post 15514401)
Are you a UK resident or a US resident? The offer indicates that you are a US resident and therefore not eligible for the EU rules. EU rules only apply to those that book their flight on an EU site and depart from the EU as thier first leg. A US citizen will be governed by US rules only.

That is absolutely incorrect. :td: It's not an offer, it's a law which DL must adhere to. I've read EU261/2004 and there is no such exclusion for non-residents.

EU rules apply to Delta when they depart from an EU member state. They Do NOT apply on the US to EU segment on DL.

Other the other hand EU flag carriers such as KL and AF must apply EU 261 on both segments.

lrbenko Mar 1, 2011 4:56 pm

Mechanical delay, International Re-route Compensation?
 
I was booked today from CHS-ATL - DUB, arriving in DUB at 7:20am. There was a mechanical delay on the inbound CHS flight, causing me to miss the DUB flight. The gate agent routed me to CDG and connecting there to DUB, getting into DUB at 3:00pm. I was never offered any compensation, and when I asked for a first class upgrade on the ATL-CDG leg, I was told NO. I'm traveling on an economy fair, not sure which, but it's not Y,B or M. Am I asking too much to expect an upgrade (there are seats in first open)? Or any compensation? Keep in mind this is for work, so I'm missing a whole days worth of scheduled meetings. Thanks.

Crackerpup Mar 1, 2011 5:30 pm


Originally Posted by lrbenko (Post 15957223)
I was booked today from CHS-ATL - DUB, arriving in DUB at 7:20am. There was a mechanical delay on the inbound CHS flight, causing me to miss the DUB flight. The gate agent routed me to CDG and connecting there to DUB, getting into DUB at 3:00pm. I was never offered any compensation, and when I asked for a first class upgrade on the ATL-CDG leg, I was told NO. I'm traveling on an economy fair, not sure which, but it's not Y,B or M. Am I asking too much to expect an upgrade (there are seats in first open)? Or any compensation? Keep in mind this is for work, so I'm missing a whole days worth of scheduled meetings. Thanks.

Seems they're getting you to your destination more than 4h later than scheduled. I think you're well within your rights to ask for the upgrade since the delay was MX and not WX. If the flight is on AF, that may be another issue.

lrbenko Mar 1, 2011 6:22 pm

It is Delta metal. Getting ready to pull away now, no upgrade. I'll get to DUB about 7 hours later than schedule due to the MX delay.

Thomas Hudson Mar 1, 2011 6:59 pm

Was June there in CHS?

javabytes Mar 1, 2011 7:14 pm

Never hurts to ask, but I wouldn't expect one. Meal vouchers and a hotel if overnight, sure, but I wouldn't expect an upgrade nor am I surprised that you weren't given one. If you are seeking compensation, an email on DL.com will probably get you a visit from the SkyMiles fairy.

NE flier Mar 1, 2011 7:42 pm

So do the EU rules on compensation for involuntarily denied boarding apply in this situation? I've never quite understood the scope of those rules. Do they cover mechanical failures? I would guess that they apply to an US-flag airline flying to the EU but perhaps not to the intra-US flights?

DiverDave Mar 1, 2011 7:53 pm


Originally Posted by NE flier (Post 15957995)
So do the EU rules on compensation for involuntarily denied boarding apply in this situation? I've never quite understood the scope of those rules. Do they cover mechanical failures? I would guess that they apply to an US-flag airline flying to the EU but perhaps not to the intra-US flights?

My understanding is the EU rules apply to foreign carriers when originating from the EU, but not on flights to the EU.

David

FlytheTail Mar 1, 2011 8:02 pm


Originally Posted by javabytes (Post 15957864)
Meal vouchers and a hotel if overnight, sure, but I wouldn't expect an upgrade nor am I surprised that you weren't given one. If you are seeking compensation, an email on DL.com will probably get you a visit from the SkyMiles fairy.

Agreed. Just write to Delta. You'll likely get miles but could also get an E-cert for $ off a future flight. An upgrade to business is unrealistic IMO.

exwannabe Mar 1, 2011 8:07 pm


Originally Posted by NE flier (Post 15957995)
So do the EU rules on compensation for involuntarily denied boarding apply in this situation? I've never quite understood the scope of those rules. Do they cover mechanical failures? I would guess that they apply to an US-flag airline flying to the EU but perhaps not to the intra-US flights?

DD is correct that EU rules do not apply, but you were not IDB'd anyway. An IROPs delay of any nature if not an IDB. Even if you never get a flight.

As to fair compensation, the BE upgrade was never in play. It should be obvious that the entire flight was delayed, and they can not possibly upgrade everybody.

You will certainly get miles if you send in an email, you might get an e-cert (this seams to be random).

"Keep in mind that ..."

No, I will not.

If airlines are to be held responsible for consequential damages then ticket prices would double, If it is that important, go the day before. You could have been WXd just as well.

Crazy4Birds Mar 1, 2011 10:41 pm


Originally Posted by exwannabe (Post 15958129)
It should be obvious that the entire flight was delayed, and they can not possibly upgrade everybody.

Can not possibly upgrade everybody? OK, but perhaps a little consideration for a DM delayed 7 hours by a DL mechanical? When there are open seats in J?

GYEWorldTraveler Mar 1, 2011 11:13 pm


Originally Posted by Crazy4Birds (Post 15958799)
Can not possibly upgrade everybody? OK, but perhaps a little consideration for a DM delayed 7 hours by a DL mechanical? When there are open seats in J?

Delta does not upgrade passengers to BE just because they experienced a Mechanical Delay. The OP is requesting about $1000-2000 + in compensation by asking for an upgrade to BE from a typically coach fare. That just isn't going to happen. I do not believe that Delta policy even allows for that no matter what status you have. They will rebook you in the class of service that you purchased. On the topic of appropriate compensation, since the OP is arriving 7 hours late, I would consider that a pretty severe delay and say that they should expect at least 10,000 miles or a $100-200 travel voucher.

SamuelS Mar 1, 2011 11:19 pm


Originally Posted by DiverDave (Post 15958057)
My understanding is the EU rules apply to foreign carriers when originating from the EU, but not on flights to the EU.

David

This is correct, and just as a small point of clarification, the rules apply to ALL carriers when originating from the EU. It also applies on flights TO the EU, but in this case only for EU based carriers.

Thus Delta is only ever subject to EU rules when coming back to the US, never going.

reed2x Mar 1, 2011 11:36 pm

Why is an upgrade out of the question for a DM? It was the chs-atl flight, not the atl- dub flight that went mx. They wouldn't be upgrading the whole flight to dub.

Besides they are very accommodating putting pax in first in these situations for domestic flights. The fare difference between say t and f can be really high for domestic tickets, not just intl. And on intl they wouldn't be displacing some other elites upgrade, as is the case with domestic.


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