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-   -   Compensation: Cancelled Flight and Flight Cancellation (https://www.flyertalk.com/forum/delta-air-lines-skymiles/497456-compensation-cancelled-flight-flight-cancellation.html)

VillageFlyer Dec 24, 2009 7:41 am

Thanks all for responses.

There is no doubt this is a mechanical delay, the passengers were given much detail. Some blades in the engines were bent by 2mm (or some such story), and they had to fly specialized mechanics in from Atltanta, which is why there was a delay. So clearly not a weather delay. (No explanation was given for the additional 2 hour delay noted above.)

However, my question is this: is this a delay (hotel and meals only, no compensation), or a cancellation (EUR 600 in addition)? Is the flight number change indicative of a cancellation? Or am I misreading the rules?

My friend is Berlin-based, so that is not a problem.

Thanks.

VF

xanthuos Dec 24, 2009 11:57 am


Originally Posted by VillageFlyer (Post 13047741)
However, my question is this: is this a delay (hotel and meals only, no compensation), or a cancellation (EUR 600 in addition)? Is the flight number change indicative of a cancellation? Or am I misreading the rules?

IANAL, but to me, it is a cancellation. Even if it were still the same flight number, if it took off many hours later, the regulations would still seem to apply.

I took the following from Wikipedia - mind you, your friend should independently follow up on the cite(s) since it's Wikipedia (especially given that there are two misspellings)...

Although the wording of the regulation indicates that this payment is not relevant in the case of delays, the judgment of the European Court of Justice in joined cases C‑402/07 and C‑432/07, dated 19 November 2009, suggests that the regulation must be interpretated as meaning that passengers whose flights are delayed may be treated, for the purposes of the application of the right to compensation, as passengers whose flights are cancelled and they may thus rely on the right to compensation laid down in Article 7 of the regulation where they suffer, on account of a flight delay, a loss of time equal to or in excess of three hours, that is, where they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier.

plinko331 Dec 27, 2009 4:37 am

Today, DL79 Again was canceled for maintenance. My sister was on this flight and she was not able to be routed through anywhere in europe? But she was given 600 Euro.

gplates Dec 27, 2009 1:09 pm

scheduled to leave as DL8772 tomorrow at 9AM

auditraveler Dec 27, 2009 1:37 pm

Is this good compensation for a cancelled flight?
 
First, thanks to everyone for this great forum. I'm glad to have found a place to find answers to my travel questions.

A couple weeks ago my ICT-ATL flight was canceled due to an equipment issue and I was forced to spend the night in Wichita. Because is was an equipment issue, DL paid for the hotel and 3 meals ($7 per meal :rolleyes: ) but in the past DL has compensated me with miles for delayed flights that I didn't even have to ask for.

I contacted them and requested mileage compensation and a pass to the CR at ATL for my 3 hour layover that should have only been an hour. They said they could give me 2,500 miles (which I have been given for a delayed flight only) and said they couldn't give me CR access.

Do you think 2,500 miles is decent compensation for a canceled flight and an overnight delay getting to my destination? I don't think it's nearly enough, but my experience in being compensated in these situations is limited.

bmw303 Dec 27, 2009 2:14 pm

2,500 miles is poor compensation for an overnight delay. Since you are a Gold Medallion, its even worse.

I think 8-10K would have been acceptable.

You shouldn't expect lounge access though for such delays.

auditraveler Dec 27, 2009 6:13 pm

Thanks for the info. I thought that was pretty low, considering I got the same for simple delay in the past without even asking for it. Hopefully the situation will never come up again. But, just in case I know to hold out for more now.

I don't think lounge access is such a big issue. The few times I've been in them they were practically empty anyway. Maybe that wouldn't be the case at ATL though.

MisterNice Dec 28, 2009 9:04 am

I never got any miles for a canceled flight of any type from any airline or any lounge access either. Usually got a crummy <$8 meal voucher and a shabby room at an airport * hotel (eg one star). Oh yes, an upgrade on the next flight about 10% of the time. Good luck.

MisterNice

SJC ORD LDR Dec 28, 2009 10:10 am

I got 15k miles for a canceled flight that kept us in Hawaii overnight and was also put in F on a UA flight. My other half also received the same compensation she had no status. My letter was centered on the service failures of the ground staff at the airport as opposed to the mechanical issue that canceled the flight in the first place.

ecspike Dec 28, 2009 10:28 am

If the flight cxld because of a mech issue, you are due compensation. IIRC, in that sitch I would have started at 10,000miles/$100 DTV/DD.

The valuation that most airlines use is a penny a mile. The equiv of $25 is just way too low. Write a letter/email stating the service failures and why you don't think it is sufficient compensation.

auditraveler Dec 28, 2009 12:23 pm

Thanks for all the info. I was going to let it go this time since I already got something, but I think a letter wouldn't hurt. There were even more ground issues. For example they changed the gate for the flight during one of the many delay upgrades and I thought it was odd that nobody as at the gate. After walking around I came to find that they were helping passengers find alternate travel at the original gate!

The next morning when I was trying to ctach my flight out there was a huge line at the desk not moving at all because there was only one TA and he was helping one family for almost an hour! Eventually me and the other pax realized that if we reprinted our boarding passes at the kiosk it would make our luggage tags print out an a ground crew member was able to tag our bags for us. Even though I arrive 1 1/2 hours early I just barely made the checkin deadline. Maybe if I include that and some other problems I'll get a little more compensation.

Sadly, many other passengers that arrived well in advance of their morning flights missed their flights due to this horrible TA and nobody else around to assist. And I doubt they'll be compensated since there's no way to prove when they arrived. It's all about what can be proven with DL, not what a loyal paying customer of several years says.

DawnMaple Jan 5, 2010 8:19 am

DL 79 TXL-JFK on Dec 29 delayed 9 hours
 
I just read your post about the cancellation of your flight.

I was scheduled to fly on DL 79 TXL-JFK on Dec 29. The flight was delayed for 9 hours because of crew rest. I found out about the delay when I tried to check in online the night before and thus rebooked my train tickets to Berlin so I wasn't stuck in Berlin for 9 hours.

When I checked in at the Delta counter, I was told to contact Delta in the US when I got back to NYC. After sending in the compensation request online, I received a reply today, telling me that "In a delayed flight situation like yours, EU 261 does not require a payment of cash compensation. However, our information indicates that you have received 5,000 bonus SkyMiles for this event."

This was the first I heard of the "bonus Skymile" as I never received any notifications, either at the check-in desk or via email, about the "bonus SkyMiles".

Please advise if I am still eligible for any compensation under EU261/2004? Or do the compensation apply to EU residents only?

Thanks in advance for any help/advice.

motytrah Jan 5, 2010 8:39 am

The issue is it's a delay not a cancellation.

A delay of that nature would trigger the assistance specified in Article 9(1)(a) and 9(2); and when the delay is at least five hours, the assistance specified in Article 8(1)(a).

That means you should have been offered:

9(1)(a) meals and refreshments in a reasonable relation to the waiting time;

9(2) passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails.

Article 8(1)(a) required DL to offer you the choice of rerouting you on another carrier, or if you wanted to cancel your ticket a full refund.

So, if they did not provide you with food and beverage vouchers as well as phone calls you should ask them to compensate you for any meals, drinks, calls you made. This might get a bit muddy if you weren't at the airport for the delay because DL wouldn't have had the opportunity to give you food and drink vouchers.

GaryDD Jan 5, 2010 8:50 am

The airlines have to pay 600 Euro's even if they get you home and paid for meals and hotel? That's why income taxes are 30%+ in Europe.

mikeef Jan 5, 2010 8:51 am

Back to the OP, my understanding from some of the European FF programs forums (and I'm not in any way a regular) is that the airlines will use the "extraordinary circumstances" clause for mechanicals and wiggle out of comp that way.

Mike


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