spinmeister

We boarded DL477 (BCN-JFK) at 11:15 on Feb. 27 for 12:00 departure. We were initially told there was a maintenance problem and we would be delayed two hours. At that point we were told the problem was more serious and that we would have to deplane and wait -- as a part had to be flown in from Amsterdam.. The new departure time was then listed as 5:00 pm. We re-boarded around 4:00 pm and were subsequently told that the part hd arrived and maintenance was "working on it." we were also told there would be a tight departure window and if we did depart we would have to go to Bangor, Maine to take on new pilots because the pilots would have timed out.. Around 5:30, we were told we would not be leaving

To further complicate matters, we were told that due to a huge telecom conference in Barcelona the nearest hotel was over 110kms from the hotel. Vouchers, etc. were distributed, etc. The re-scheduled flight would then depart at 10:00 am on Feb. 28, meaning t hat after arriving at a distant hotel near 10:00 pm and eating whatever was left in the hotel dining room, we would get on the bus around 6:30 am to return to the airport.

Mrs. Spinmeister and I declined the offeer and were able to get the last room at a hotel we know in Barcelona.

Sorry for being so long-winded.

Questions: 1. Are we entitled to compensation under EU rules (80 euros voucher or 600 euros cash and (2) Do we have a case for separate compensation from Delta for expenses for the night we spent in Barcelona? A slight caveat is that we are both "seniors" and the thought of the bus trip, quick turn-around, etc. was more than we could deal with.

Thanks for advice.

pgh234

Yes you will get EU compensation...but YOU will need to ask Delta for it. I had the exact same thing happen in BCN last November and had a check within a month.

As far as additional compensation, I personally would not ask but that is just me. They may reimburse you or give extra miles.

CarmenOM

If you each receive €600 in EU compensation, I don’t see why Delta should give you additional compensation. There are lots of reasons why the distant hotel would be more difficult for some passengers; being older is just one of them.

UKtravelbear

There are a couple of issues here that are getting mangled together - the delay and the hotel costs. Both come under different parts of the regulation.

Reimbursement of a hotel cost is NOT compensation - it is DL making you whole again for that expense. It is required of DL by the EU261 regulation so you need to contact DL for it with the receipts along with those for any meals you had to buy and transport to and from the airport.

For the delay you are entitled to compensation of €600 each. But as part of the regulation DL may offer you a voucher - which DL makes it up to €800 (other airlines offer different amounts) - and all the restrictions that may come with that including a use by date - but you are not compelled to take the voucher if you would prefer the cash.

TTT

In this instance, however, the passenger refused the Delta provided hotel. Would they still be able to claim reimbursement for a hotel of their choice?

UKtravelbear

Yes. Should be no difficulty and if there is then the OP can simply reiterate that they felt that the logistics of the supplied hotel were simply not suitable or comfortable for them.

Often1

OP is entitled to compensation of EUR 600 in cash (equivalent) and a reimbursement of any "duty of care" expenses under EC 261/2004. The latter would include a hotel room and reasonable meals. While DL the initial reimbursement request may well be denied because DL's system will show that it offered a hotel, you will likely find DL willing to reimburse at least what it pays for rooms if not the full amount if it was reasonable.

The Regulation specifies the "duty of care" but does not define what is reasonable. If DL chooses to fight on this, it won;t likely be worth pursuing in Spain.

As to the choice of EUR 600 in cash or 800 in credit, it really depends. If you fly DL regularly, it is simply a larger amount. If you do not, then take the cash. DL will pay it out in US$ if you prefer that.

BenA

My only added comment is that if Delta does chose to fight you, it IS a worth pursuing in Spain - their aviation regulator is very consumer friendly and easy to work with. When Delta denied my valid EC 261 claim for a flight ex-BCN, I complained to the AESA (the Spanish equivalent of the DOT) using their standard form, attaching my correspondence with Delta up to that point. It took months for them to write me back acknowledging my letter and months longer to conclude their investigation, but they eventually decided on my favor. Delta’s legal department then reached out to me to pay the claim a month or so later without further incident or hassle.

If you know you’re in the right, pursuing the claim is easy. I didn’t need to submit any documents in Spanish or appear in person, and all the AESA correspondence to me was also conducted in English. I found them very fair and helpful, if a bit slow/backlogged.

rrapynot

The reason why is because the law says they have to. 600 euros plus expenses.

CarmenOM

Even if they refused the accommodations that Delta offered?

3Cforme

This is the English language text from the Journal of the European Union, emphasis mine.

Article 9
Right to care
1. Where reference is made to this Article, passengers shall be offered free of charge: (a) meals and refreshments in a reasonable relation to the waiting time; (b) hotel accommodation in cases — where a stay of one or more nights becomes necessary, or — where a stay additional to that intended by the passenger becomes necessary; (c) transport between the airport and place of accommodation (hotel or other).
2. In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails.
3. In applying this Article, the operating air carrier shall pay particular attention to the needs of persons with reduced mobility and any persons accompanying them, as well as to the needs of unaccompanied children.

It doesn't say Passengers stay where they like and carriers pay for it.

http://eur-lex.europa.eu/legal-conte...4R0261&from=EN

UKtravelbear

But the regulation has been interpreted - even by airlines - as passengers doing what the OP has done without issue.

There are many reports across flyer talk where people have made their own arrangements and the airline involved has reimbursed them. It is simply not the issue you suggest it is.

The regulation has been developed by court judgments over the years. Look at the bald words of EU261 and there is absolutely no entitlement to compensation for a delayed flight - only the duty of care. It was a court ruling that decided that delays should get compensation. Otherwise the OP wouldn't be getting €600!

The section on the reimbursement for downgrades has also been interpreted by courts in a way that is different to the bald words of the original text

Often1

No. It does not say that at all.

Please point to language in either the Regulation or precedential court judgments which have required a carrier to reimburse hotel expenses when the arrangements offered were subjectively not to the liking of the passenger.

Bear in mind that what the OP offered was not objectively unreasonable, it was merely not to OP's liking.