Delta mistreating delayed passenger

Old Jul 7, 19, 4:32 am
  #1  
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Delta mistreating delayed passenger

Hello all,

Looking for some advice. My friend was due to fly Brussels to Pittsburgh on DL141 this morning. The inbound flight was delayed, pushing the outbound to a 6.5 hour delay. She'd have been too late for any connection.

Without consulting her they've just rebooked her to the next day's flight, claimed she's agreed to it, and refuse to provide any compensation or assistance. They refuse to put her back on the flight today, to overnight in New York, saying it's full.

Can you guys let me know what they should be providing in terms of compensation, assistance, and so on? I assume IDB at the least, despite their lie claiming she agreed.

Also, how do I discover the true delay reason, in order to claim EU compensation? She's not an experienced traveler and English is not her first language, so I'm trying to assist remotely.
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Old Jul 7, 19, 6:18 am
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I can't help very much, but I do know JFK was an absolute mess yesterday due to storms that came through. So there's a very good chance that the JFK-BRU flight was delayed due to that weather, which means the BRU-JFK flight is also delayed due to the weather at JFK. Thus, it's unlikely that EU261 will apply. As for IDB, if DL took her off the BRU-JFK flight she was on without her permission and that flight was oversold, that does sound like IDB to me. But I'm no expert on that, so hopefully others can chime in.
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Old Jul 7, 19, 6:20 am
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What a post....

First off, BRU-JFK is DL141. Delta also flies BRU-ATL as well as BRU-AMS on KLM followed by AMS-XXX-PIT.

Delta will rebook a passenger on any flight with availability. Is your friend at the airport? What is the reason for the delay, and are they offering rebooking assistance?

How is she being mistreated exactly? And what is your friend's goal, compensation aside? To get back as quickly as possible? If so you should find the ideal rebooking option and message DL on Twitter to rebook it.

NYC had a weather waiver yesterday, so my guess is this is weather related. What did DL say the reason for the delay is?

IDB compensation is not due given your friend was not ticketed on this flight anymore (was her reservation just updated or was she reticketed to the new flight?) And if the cause is weather, EU261 isn't due either.

Goodwill gesture/compensation for the delay may come later, but when DL or any major airline has IRROPs at a large hub, worry about the comp later and just get a seat on the flights you want as first priority.

They do have to provide duty of care at BRU; but you should just focus on the best option with seats to get her out of there, then call or Tweet ASAP to get it secured (or if she's at the airport they can help there too)
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Old Jul 7, 19, 6:43 am
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Im sure moving your friend off todays delayed bru-jfk flight is related to this mornings bru-atl flight being cancelled, and delta wanting to move some of the high yield passengers on the atl flight over to the jfk flight. My son was booked on the bru-atl flight and hes been moved to the corresponding flight on tuesday. Looks like the flights out of ams for the next couple of days are also sold out so doubt there are many good alternatives.
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Old Jul 7, 19, 6:50 am
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Originally Posted by btonkid12345 View Post

And if the cause is weather, EU261 isn't due either.
What makes you think the "cause" is weather? I don't believe weather that affected the airplane several cycles prior to the flight in question is relevant.

I personally think EU261 is an overreaching law that often unfairly pins airlines in corners. That having been said, it applies equally to all carriers, and as long as it's on the books, affected passengers should invoke it.
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Old Jul 7, 19, 7:03 am
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It was not several cycles prior it was the inbound flight.
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Old Jul 7, 19, 7:08 am
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As another response indicates. Your goal (or friend's) is to get a seat back across the pond as soon as possible. A few factors work against her:
Weather issues in NYC causing delays by ATC
Last week was a holiday in both Canada & US so somewhat heavier than normal travel/holiday week in the US. Summary, Sat/Sun return flights will be full or limited inventory

Gather the information on why the flight was delayed (screen shots) and send a letter later, if you feel it warrants compensation.
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Old Jul 7, 19, 7:23 am
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Originally Posted by ats262 View Post
Looks like the flights out of ams for the next couple of days are also sold out so doubt there are many good alternatives.
Seriously, with all of ST's flights across the pond it would be easy to get back. Just maybe not via a hub.

The key would be getting from BRU to AMS. Or just taking a train and submitting the receipt later.

If AMS-US hubs are full, have them put you on AMS-DUB / ZRH / KEF / CPH / PRG etc and then catch the DL flight from aforementioned city to JFK, then onto PIT from there. This would be a MQM runner's dream, but my point is with some research it can be done - just maybe not via a long haul flight from BRU.
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Old Jul 7, 19, 7:28 am
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"RooseveltL" is best advise. Info is short to say friend mistreated. Auto rebooking normal. Duty of care per EC261 applies. Friend can ask for re-route but no details from OP. I had similar cancel transatlantic just looked up alternatives and airline agreed as space was available. After you have all details (if not exception) compensation per EC261 and maybe some Sky Pesos.
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Old Jul 7, 19, 7:53 am
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Normally when a passenger is affected by a delay, denied boarding they must be offered, free of charge:
Provision of meals, refreshments and accommodation (transport between it and the airport) & two telephone calls, fax or telex messages, or emails
Delta should also provide each passenger affected by a delay of at least two hours with an equivalent notice. The requirement to provide affected passengers with a detailed written explanation of their rights thus applies explicitly to cases of denied boarding, cancellation and delay. (I have one from Delta but the language used is Nederlands. The following ones are similar

https://www.klm.com/travel/gb_en/ima...638-744708.pdf
https://www.ryanair.com/content/dam/...dfs/eu261-.pdf

However when the passenger, following an incident of denied boarding, cancellation or delay at departure agrees with the air carrier to re-routing at a later date at his or her own convenience (Article 8(1)(c)), the right to care ends. In fact, the right to care subsists only as long as passengers have to wait for re-routing, under comparable transport conditions, to their final destination at the earliest opportunity (Article 8(1)(b)) or a return flight (Article 8(1)(a) second indent). (I guess this is what Delta currently is claiming)
Deal with your EU261 compenasation later when you have all the details & have arrived in the USA

Summer vacation has started here in the EU and all those flights might have a high load.
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Old Jul 7, 19, 7:59 am
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Thanks for the input, all. The opinion of poor treatment was from their removing her ticketed, checked in reservation from today's flight and shifting it to tomorrow's with no communication. I am not aware of any situation in which that's acceptable. The cancelled BRU-ATL flight mentioned, and trying to ditch lower yield passengers, certainly makes sense. After lengthy arguing and a couple of hours in line (the phone operators were not interested) they put her back on her ticketed flight with a 6.5 hour delay.

The inbound flight was delayed, but only by 2 hours. Delta has somehow managed to find an extra 4.5 hours of delay in there while on the ground in BRU. Rather than taking the airline's word for the delay reason, given that they have no incentive to tell the truth, is there any way to definitively find out the reason for the extra delay?
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Old Jul 7, 19, 9:14 am
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Originally Posted by Katamarino View Post
Thanks for the input, all. The opinion of poor treatment was from their removing her ticketed, checked in reservation from today's flight and shifting it to tomorrow's with no communication. I am not aware of any situation in which that's acceptable. The cancelled BRU-ATL flight mentioned, and trying to ditch lower yield passengers, certainly makes sense. After lengthy arguing and a couple of hours in line (the phone operators were not interested) they put her back on her ticketed flight with a 6.5 hour delay.

The inbound flight was delayed, but only by 2 hours. Delta has somehow managed to find an extra 4.5 hours of delay in there while on the ground in BRU. Rather than taking the airline's word for the delay reason, given that they have no incentive to tell the truth, is there any way to definitively find out the reason for the extra delay?
Delta has a system for auto rebooking that processes this. Whether there was manipulative human intervention, I can't say, except to say I haven't personally experienced it with DL - but that doesn't mean it didn't happen here. Maybe airport agents moving people around, a lot more likely than DL corporate.

Anyways, I am glad she's back on her originally ticketed flight. Delta didn't "find" a delay - it's likely air traffic going back to JFK that has slowed things down given the weather, to accommodate all other delayed flights scheduled before your friend's. Seriously, they don't have an incentive to delay, and acting like you have an axe to grind with phone agents doesn't help.

DL usually tells the truth about delays and pays out EU261 without argument where appropriate. Just call and ask, Tweet them, etc. They will tell you the reason it is listed as being delayed.
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Old Jul 7, 19, 11:18 am
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There are two pieces to a flight. One is the plane the second is the crew. The plane might be there but they might be missing a crew member or have a crew that needed extra hours to get to their maximum rest time.
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Old Jul 7, 19, 12:10 pm
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Originally Posted by Katamarino View Post
The opinion of poor treatment was from their removing her ticketed, checked in reservation from today's flight and shifting it to tomorrow's with no communication.
That was software-driven auto-rebooking, nothing malicious. In these circumstances the new itinerary is not always the fastest or most inventive, but it is not done and dusted either -- you can always talk to DL, via phone or at a desk if at airport, and suggest better, and IMO they are not super rigid (not KLM-rigid, anyway) about protecting the system's original New Idea. The suggestion of "mistreatment" is your spin, not supported by the data. Most distressed passengers would rather see something auto-rebooked than a blank void.
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Old Jul 7, 19, 12:42 pm
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I assume DL has some logic in rebooking priority, but not as simple as "ditching low yield" pax. Costs them just as much to push one pax to tomorrow as another (in the same cabin). Does being ably to complete the journey get one priority over a pax who is later stranded anyway? Status? Fair class? I do not know. Any way, OP's friend was likely near the bottom of the food chain.

Once the trip to PIT could not longer be provided, DL owed a replacement to PIT (or a refund) along with whatever EU calls for. They do not owe a trip to NYC.

Failure to notify is a valid gripe, but all will accomplish is the satisfaction of griping, Anybody who flies on any airlines needs to closely watch any flight as time gets short.
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