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Compensation: “Bumps” — Voluntary and Involuntary Denied Boarding [2000-2019]

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Old Nov 30, 2018, 8:49 am
FlyerTalk Forums Expert How-Tos and Guides
Last edit by: ryandc99
Link to open 2020 and beyond version of this thread:
https://www.flyertalk.com/forum/delt...20-beyond.html


My (LoganFlyer's) guide to maximizing your bump chances on Delta:

https://www.flyertalk.com/forum/30484249-post1713.html

(The concise version:

1. Use the App to see if more people are looking for seats than there are seats available. As part of the Customer Commitment, gate agents, phone res agents, and tickets agents must tell you if a flight is overbooked if you ask. (They don't need to say by how many seats.)
2. Do everything you can to get on the volunteer list through OLCI or a kiosk at the airport, since some GAs use that list.
3. Talk to the GA as soon as the gate opens up--don't wait for them to make an announcement.
4. Don't be afraid to negotiate with the GA.)
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Compensation: “Bumps” — Voluntary and Involuntary Denied Boarding [2000-2019]

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Old Jul 18, 2016, 2:26 pm
  #1231  
 
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Originally Posted by clr4t8koff
With as many different configurations of 757's and now A320's that DL has they'd never have to pay IDB if capacity was the reason.
Huh? They end up with IDB because there aren't enough seats for the number of pax who have tickets. Do you think that, if you have an A320 with 160 seats, and 165 people sitting at the gate waiting to board (because revenue management got the math wrong on this flight), where NONE of them have been willing to accept high VDB offers, that Delta would then say "hey, rather than pay IDB for five people, let's completely through a wrench into aircraft scheduling by swapping in a smaller plane (irrespective of the impacts down the line), so we'll really annoy 15 people, not 5, but not have to pay compensation to those five people?"
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Old Jul 18, 2016, 6:35 pm
  #1232  
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Originally Posted by cestmoi123
Huh? They end up with IDB because there aren't enough seats for the number of pax who have tickets. Do you think that, if you have an A320 with 160 seats, and 165 people sitting at the gate waiting to board (because revenue management got the math wrong on this flight), where NONE of them have been willing to accept high VDB offers, that Delta would then say "hey, rather than pay IDB for five people, let's completely through a wrench into aircraft scheduling by swapping in a smaller plane (irrespective of the impacts down the line), so we'll really annoy 15 people, not 5, but not have to pay compensation to those five people?"
Yes, and that's exactly what DL did that started this aircraft swap and IDB debate. I suggest you go back to page 80 and start at post #1194 to get caught up.
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Old Jul 18, 2016, 6:37 pm
  #1233  
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Originally Posted by cestmoi123
I'm citing the text of the actual regulation from the Code of Federal Regulations. That definition certainly takes precedence.
And the link I posted is directly from the DOT, hence the dot.gov in the URL. I think that takes precedence.
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Old Jul 18, 2016, 6:53 pm
  #1234  
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Originally Posted by sethb
Look at those links. The law says "lesser capacity". The consumer explanation says "smaller size". The wording of the law controls over a misleading explanation.
So Cornell University is now the final word on aviation law vs. the DOT who makes the aviation laws (which was the link I published)?
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Old Jul 18, 2016, 8:28 pm
  #1235  
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Originally Posted by cestmoi123
I'm citing the text of the actual regulation from the Code of Federal Regulations. That definition certainly takes precedence.
Originally Posted by clr4t8koff
And the link I posted is directly from the DOT, hence the dot.gov in the URL. I think that takes precedence.
Note: not claiming any specific authority here, just discussing this in the abstract:

Your link is .gov, but also a "guide for consumers" and hence possibly summarized/dumbed down. I personally would consider something named "Code of Federal Regulations" more authoritative.

By way of analogy, the CA DMV publishes a driver's handbook so I would certainly be willing to refer to it to settle a dispute, but then I would also consider the California Vehicle Code to be the 100% official word.
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Old Jul 19, 2016, 6:51 am
  #1236  
 
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Originally Posted by clr4t8koff
And the link I posted is directly from the DOT, hence the dot.gov in the URL. I think that takes precedence.
You'd be wrong, then. The CFR for all intents and purposes the law (technically not a statute, but has similar force). It is the actual rule, as written and codified by the relevant regulatory body.
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Old Jul 19, 2016, 6:52 am
  #1237  
 
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Originally Posted by Zorak
Note: not claiming any specific authority here, just discussing this in the abstract:

Your link is .gov, but also a "guide for consumers" and hence possibly summarized/dumbed down. I personally would consider something named "Code of Federal Regulations" more authoritative.

By way of analogy, the CA DMV publishes a driver's handbook so I would certainly be willing to refer to it to settle a dispute, but then I would also consider the California Vehicle Code to be the 100% official word.
Correct. Particularly in this case, where the consumer summary is not clear (just says "smaller"), but the regulation IS clear (refers specifically to "capacity").
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Old Jul 19, 2016, 6:59 am
  #1238  
 
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Originally Posted by clr4t8koff
Yes, and that's exactly what DL did that started this aircraft swap and IDB debate. I suggest you go back to page 80 and start at post #1194 to get caught up.
That's nothing like what DL did. DL replaced a 160 seat plane with a 150 seat plane, for operational or maintenance reasons. Hence, they had more pax than seats. There's nothing in that post, or any later post, indicating that they were oversold on the 160 seat plane, and THEN swapped in the 150 seat plane to avoid paying IDB compensation.

They were offering the VDB compensation as a customer service gesture (which I fully support) - they were not legally required to do so.
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Old Jul 19, 2016, 7:02 am
  #1239  
 
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To finally put the "smaller" question to rest, here's a quote from the Department of Transportation's Air Travel Consumer Report from February of this year, in the section showing oversale statistics (page 32). The exception is clearly for aircraft of smaller capacity (i.e. fewer seats), not smaller physical size.

The number and rate of involuntary denied boardings include both passengers who received denied boarding compensation and passengers who did not qualify for compensation because of one of the exceptions in the oversales rule. There are four exceptions: 1) passenger accommodated on another flight scheduled to arrive within one hour of the original flight; 2) passenger fails to comply with ticketing, check-in or reconfirmation procedures; 3) aircraft of smaller capacity is substituted; and (4) passenger is denied boarding due to safety-related weight restrictions on an aircraft with 60 or fewer seats.
https://www.transportation.gov/sites...uaryATCR_3.pdf
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Old Jul 19, 2016, 1:52 pm
  #1240  
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Originally Posted by clr4t8koff
And the link I posted is directly from the DOT, hence the dot.gov in the URL. I think that takes precedence.
The link you posted is the DOT simple English explanation, not the law.

The other link is the law itself.
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Old Jul 19, 2016, 1:55 pm
  #1241  
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Originally Posted by clr4t8koff
So Cornell University is now the final word on aviation law vs. the DOT who makes the aviation laws (which was the link I published)?
Now I see the problem. The DOT does not make laws. Congress makes laws.

But since it's so important to you, look at https://www.gpo.gov/fdsys/pkg/CFR-20...4-sec250-6.pdf
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Old Jul 19, 2016, 2:03 pm
  #1242  
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Originally Posted by cestmoi123
That's nothing like what DL did. DL replaced a 160 seat plane with a 150 seat plane, for operational or maintenance reasons. Hence, they had more pax than seats. There's nothing in that post, or any later post, indicating that they were oversold on the 160 seat plane, and THEN swapped in the 150 seat plane to avoid paying IDB compensation.

They were offering the VDB compensation as a customer service gesture (which I fully support) - they were not legally required to do so.
Actually, they are required to ask for volunteers first.

250.2b Carriers to request volunteers for denied boarding.
(a) In the event of an oversold flight, every carrier shall request volunteers for denied boarding before using any other boarding priority. A "volunteer" is a person who responds to the carrier's request for volunteers and who willingly accepts the carriers' offer of compensation, in any amount, in exchange for relinquishing the confirmed reserved space.
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Old Jul 19, 2016, 2:09 pm
  #1243  
 
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Originally Posted by sethb
Actually, they are required to ask for volunteers first.
You're correct. They're not required to offer any particular level of compensation, however. In the event of an equipment swap, they could, under the regs, ask for volunteers who will take a later flight in exchange for $0.01 in Delta flight credit.
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Old Jul 19, 2016, 2:23 pm
  #1244  
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Originally Posted by sethb
Actually, they are required to ask for volunteers first.
They are required to ask for volunteers if the flight is oversold. Have you seen any evidence here that the original aircraft of 160 seats was oversold? Have you seen any DOT guidance to suggest that volunteers need to be solicited when a smaller aircraft is substituted? My most recent personal experience (a DL Connection flight, actually) suggests no call for volunteers was made.
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Old Jul 24, 2016, 6:19 pm
  #1245  
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Originally Posted by 3Cforme
They are required to ask for volunteers if the flight is oversold. Have you seen any evidence here that the original aircraft of 160 seats was oversold? Have you seen any DOT guidance to suggest that volunteers need to be solicited when a smaller aircraft is substituted? My most recent personal experience (a DL Connection flight, actually) suggests no call for volunteers was made.
The substitute flight was oversold. The fact that there is no IDB compensation due doesn't mean they don't have to ask for volunteers.
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