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Bumped from JFK-ATL leg of Intl trip, DM ticketed in First, compensation?

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Bumped from JFK-ATL leg of Intl trip, DM ticketed in First, compensation?

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Old Aug 4, 2022, 6:43 am
  #16  
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What's the advice for the next person in this situation?

I think I might have seen the flight still on the departure board, gone to the ticket counter (or, I guess, the int'l arrivals transfer deck in this case), and raised absolute heck until they put me back on the flight.
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Old Aug 4, 2022, 10:46 am
  #17  
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Originally Posted by jordyn
It did go out full. Per OP, agents tried to get them back on the flight and weren't able to because the flight was full.
Being overbooked is different from going out full. Example overbooked by 10. They "remove" OP and wife plus 8 others. A group of 15 connecting to this flight don't make it. There's now 15 empty seats. Regardless under US law this is not IDB situation.

This is another reason I don't believe the agent about them being removed because overbooked.
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Last edited by flyerCO; Aug 4, 2022 at 10:53 am
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Old Aug 4, 2022, 10:57 am
  #18  
 
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If the flight indeed operated, then you were removed from it unlawfully. Did you go to the gate for that flight? That would have been the best course of action as you could say you were removed without permission. The airport staff can do a lot more than phone staff as the flight approaches. Obviously you can't go back in time.

As long as you are sure your flight departed, you should file a DOT complaint of IDB. Don't let Delta do that.

I would figure out what compensation you want from Delta, contact them and let them know you want that plus the IDB compensation. Then regardless of what they do, file a complaint to the DOT anyway...
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Old Aug 4, 2022, 11:13 am
  #19  
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Originally Posted by CPMaverick
If the flight indeed operated, then you were removed from it unlawfully. Did you go to the gate for that flight? That would have been the best course of action as you could say you were removed without permission. The airport staff can do a lot more than phone staff as the flight approaches. Obviously you can't go back in time.

As long as you are sure your flight departed, you should file a DOT complaint of IDB. Don't let Delta do that.

I would figure out what compensation you want from Delta, contact them and let them know you want that plus the IDB compensation. Then regardless of what they do, file a complaint to the DOT anyway...
Can try, but unless it went out full there is no IDB.

I'm betting there was a delay or something else that caused a rebooking.

DL has failed at many things recently. However playing games instead of finding volunteers (even going as far as $10k) hasn't been one.
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Old Aug 4, 2022, 1:08 pm
  #20  
 
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Originally Posted by flyerCO
Can try, but unless it went out full there is no IDB.
What's your argument for that? The bumping needs to be "due to an oversale" but I see nothing in the reg that says the flight in fact needs to depart full. If an airline involuntarily denies boarding to a passenger 30 mins before departure, and someone doesn't show up but the airline doesn't give the bumped passenger the seat, passenger is still due compensation under DOT rules.

All we know is that the flight went out as scheduled, and OP was told the were removed due to an oversale.
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Old Aug 4, 2022, 1:44 pm
  #21  
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Originally Posted by SamOF
What's your argument for that? The bumping needs to be "due to an oversale" but I see nothing in the reg that says the flight in fact needs to depart full. If an airline involuntarily denies boarding to a passenger 30 mins before departure, and someone doesn't show up but the airline doesn't give the bumped passenger the seat, passenger is still due compensation under DOT rules.

All we know is that the flight went out as scheduled, and OP was told the were removed due to an oversale.
Do a search. If the plathe has a seat open then it is not possible to have had an IDB. The IDB rule in US doesn't have anything to do other than being denied a seat because it is oversold. It is not possible to be oversold unless all seats are occupied.
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Old Aug 4, 2022, 1:56 pm
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Originally Posted by flyerCO
Do a search. If the plathe has a seat open then it is not possible to have had an IDB. The IDB rule in US doesn't have anything to do other than being denied a seat because it is oversold. It is not possible to be oversold unless all seats are occupied.
What do you mean "do a search"? You're asserting things that are not legally correct and misleading people. Take a look at both the regulation and DOT guidance; absolutely nothing there says the plane has to in fact go out full. The regulation covers compensation for getting bumped when airlines sell more seats than are available on a plane. That's the end of it. If an airline messes up and denies boarding they did need to because of an oversell, that's still covered by the regulation.
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Old Aug 4, 2022, 4:16 pm
  #23  
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From the DOT website.

Notice everything refers to not having enough seats.

This rule has nothing to do with improperly being denied boarding. It has to do only with being denied boarding when there's not enough seats to accommodate those with confirmed reservations.
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Old Aug 4, 2022, 5:02 pm
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The regulations say IDB applies to an oversold flight. That's what the wording is. There is nothing that says the plane HAS to go out full. Nothing. The website is not the regulation (although the website does not say a full plane is required either!).

But regardless, the OP says they were moved off the flight, and the DL rep said it was due to an oversell. That is grounds enough for a DOT complaint of IDB. Let the DOT and Delta determine if it applies or not. The OP should not be obligated to be a private detective.
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Old Aug 4, 2022, 5:38 pm
  #25  
 
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Originally Posted by flyerCO
From the DOT website.

Notice everything refers to not having enough seats.

This rule has nothing to do with improperly being denied boarding. It has to do only with being denied boarding when there's not enough seats to accommodate those with confirmed reservations.
it...doesn't refer to not having enough seats. It refers to denied boarding due to overbooking. If Pete is bumped off a flight because it's overbooked, that's "due to overbooking" but any reasonable or unreasonable sense of the phrase.

I think you're getting confused by the fact that the reg doesn't apply to non-overbooking reasons for bumping. That is absolutely true. But nothing in the reg requires a plane to in fact depart full. It just doesn't say that.
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Old Aug 5, 2022, 1:02 pm
  #26  
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I have tried various times to submit my complaint on the DL website but I never received the confirmation email with the case number etc., checked spam/everything.

Could it be that because my Skymiles account is EU based, the claim is not handled by DL but AF/KL, thus no case number?
And if yes, how could I contact DL Customer Care in the US?
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Old Aug 5, 2022, 1:04 pm
  #27  
 
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Originally Posted by NCEflyer
I have tried various times to submit my complaint on the DL website but I never received the confirmation email with the case number etc., checked spam/everything.

Could it be that because my Skymiles account is EU based, the claim is not handled by DL but AF/KL, thus no case number?
And if yes, how could I contact DL Customer Care in the US?
It's true that the location of your Skymiles account determines the location of your customer complaint support. I learned that when I move to Australia. However I'm not sure how to change that. You can try calling the Delta number?
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Old Aug 5, 2022, 6:03 pm
  #28  
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Originally Posted by NCEflyer
I have tried various times to submit my complaint on the DL website but I never received the confirmation email with the case number etc., checked spam/everything.

Could it be that because my Skymiles account is EU based, the claim is not handled by DL but AF/KL, thus no case number?
And if yes, how could I contact DL Customer Care in the US?
I'd try calling the post-flight customer care number in Atlanta (404 area code, not a 800 number, available weekdays).
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Old Aug 6, 2022, 1:04 pm
  #29  
 
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Re: IDB

Regardless of overbooking, there is no IDB when the pax is provided an alternative flight to the destination (LIR) that is scheduled to arrive within an hour of original ITN.

That the alternative flight misconnected was a "fail" is true. But not an IDB even if clearly caused by an overbook that led to insufficient seats.
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Old Aug 6, 2022, 3:27 pm
  #30  
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Originally Posted by SamOF
it...doesn't refer to not having enough seats. It refers to denied boarding due to overbooking. If Pete is bumped off a flight because it's overbooked, that's "due to overbooking" but any reasonable or unreasonable sense of the phrase.

I think you're getting confused by the fact that the reg doesn't apply to non-overbooking reasons for bumping. That is absolutely true. But nothing in the reg requires a plane to in fact depart full. It just doesn't say that.
The regulations involve oversold flights. If a plane leaves with empty seats by definition it can't be oversold. This has been pointed out on FT (not just in DL forum), multiple travel websites, multiple news articles, etc. If you can point to a case where DOT has said otherwise I'm happy to say I'm wrong. (I'd also be happy to be wrong in this case)

Now DOT might find a passenger was improperly denied boarding and issue an order of violation. However that is separate from qualifying for involuntary denied boarding compensation.
Finally as noted by another poster, even if flight was full, no compensation is due if arrive within a hour of scheduled arrival @ final destination.
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