Compensation: Cancelled Flight and Flight Cancellation
Nov 28, 2005, 9:42 am
#47
Join Date: Jun 2000
Location: AUS
Programs: DL Flying Colonel
Posts: 4,023
Originally Posted by bamboola
I've flown the outbound. The return date is in 2006 and Delta will cease operating out of HVN by the end of 2005.
Is asking for a 50% refund unreasonable?
Is asking for a 50% refund unreasonable?
This once again is yet another reason one has to consider not flying DL... Delta had the chance here to come through like a shining star. Where is the "good goes around" for this pax?
Nov 28, 2005, 9:48 am
#48
Join Date: Nov 2005
Location: SAN,TPA
Posts: 366
Originally Posted by jimrpa
If Delta calls me up today and tells me that they've stopped service to DAB, I'll say "Fine, reroute me on CO or UA out of DAB, instead of making me drive to MCO."
I am curious to see what they do for you. Keep us posted.
Nov 28, 2005, 9:48 am
#49
Join Date: Jan 2004
Location: Atlanta & San Francisco
Programs: DL 2MM DM & My Wife is a DL 3MM DM
Posts: 2,784
Originally Posted by JRF
Yes, DL is obligated to get you to your final destination. They can buy you a ticket on another airlines. I would not accept any money back, just tell them to get you there.
If you try and get a partial refund (50%) you are then muddying (sp?
) the proverbial waters. You paid the money to get you from point A to point B and then back to point A. Now they need to do it, and if they can't (won't) then they should arrange it with another airline that will.
Nov 28, 2005, 10:18 am
#50
Suspended
Join Date: Aug 2003
Location: SEA
Posts: 12,485
DL has to get you to HVN or give you a partial refund, unless you have accepted alternate accommodations.
Delta Contract of Carriage
RULE 240: FLIGHT DELAYS/CANCELLATIONS
C. Schedule Changes, Delays, & Flight Cancellations within Delta’s Control
When, as a result of factors within Delta’s control... your flight is cancelled...Delta will provide you with the following:
RULE 260: INVOLUNTARY REFUNDSWhen, as a result of factors within Delta’s control... your flight is cancelled...Delta will provide you with the following:
1. Transportation to Your Destination
Delta will transport you to your destination on our next flight on which seats are available in the class of service you originally purchased. At our sole discretion, we may arrange for your travel on another carrier or via ground transportation.
2. Full or Partial Refund
If some or all of your ticket is unused, you may be entitled to a refund. Any refunds will be made as provided in Rule 260.
Delta will transport you to your destination on our next flight on which seats are available in the class of service you originally purchased. At our sole discretion, we may arrange for your travel on another carrier or via ground transportation.
2. Full or Partial Refund
If some or all of your ticket is unused, you may be entitled to a refund. Any refunds will be made as provided in Rule 260.
A) The amount carrier will refund upon surrender of the unused portion of the passenger's tickets pursuant to ... or 240 (flight delays/cancellations) will be:
2) If a portion of the ticket has been used and termination (interruption) occurs:
a) At A Fare Breakpoint - The refund will be an amount equal to the fare paid for the unused transportation from the point of termination (interruption) to the destination or next stopover point named on the ticket, or to a point at which transportation is to be resumed. No refund will apply when alternate transportation is provided by Delta and accepted by the passenger.
b) Within A Fare Component - The refund will be an amount equal to the percentage of unflown mileage to fare component mileage by prorating the fare paid for the fare component, from the point of termination/interruption to the destination, or next stopover point named on the ticket, or to the point at which transportation is to be resumed. No refund will apply when alternate transportation is provided by Delta and accepted by the passenger.
b) Within A Fare Component - The refund will be an amount equal to the percentage of unflown mileage to fare component mileage by prorating the fare paid for the fare component, from the point of termination/interruption to the destination, or next stopover point named on the ticket, or to the point at which transportation is to be resumed. No refund will apply when alternate transportation is provided by Delta and accepted by the passenger.
Nov 28, 2005, 11:32 am
#52
Join Date: Jan 2004
Location: Atlanta & San Francisco
Programs: DL 2MM DM & My Wife is a DL 3MM DM
Posts: 2,784
Originally Posted by vinnmann
It sounds like DL has already offered a partial refund. The part that didn't work out so good for the OP was that it was booked with 2 different fare classes and the outbound was the more expensive. It sounds like the other option is to have DL pay ground transportation since DL has indicated that they will not pay for flights on another airline.
This isn't a weather related thing, etc. If DL is going to withdraw service from a city after they've issued someone a ticket, then they should put that person on another carrier, regardless of the "contract of carriage." This sort of thing saves them almost nothing and creates a whole bunch of ill will, and this opinion is coming from one of the dwindling numbers who still fly DL almost exclusively. They just don't get it. They make decisions/policies like they are moving widgets from place to place and not people. They just don't get it.
Last edited by atl runner; Nov 28, 2005 at 11:36 am
Nov 28, 2005, 11:39 am
#53
Join Date: Aug 2001
Location: Wayne, PA USA
Programs: DL MM, Marriott Bonvoy Lifetime Titanium, HHonors Gold
Posts: 7,242
Originally Posted by bamboola
I've flown the outbound. The return date is in 2006 and Delta will cease operating out of HVN by the end of 2005.
Is asking for a 50% refund unreasonable?
Is asking for a 50% refund unreasonable?
As others have pointed out, and you yourself said, this is indeed the case. I don't think you can necessarily argue for a 50% refund, but rather for the refund of the fare paid for the return. I wouldn't pursue this route any further though. Instead, I'd pursue the route of pushing Delta to transport you from Point B back to Point A.
Now, my opinion is that Delta should arrange to get you from your destination to your origin. After all, you bought a ticket from them in good faith, expecting them to provide you transportation from Point A to Point B and return. If they no longer offer service from Point B to Point A, I'd really push them to find you transportation (even if on an alternate carrier) from Point B to Point A.
O.k., I read some of the later posts, and it looks like folks have already discovered that Rule 240 says essentially the same thing that I'm saying.
Actually, this one might be a good one for us to call in the "sue Delta" fare lawyers that were so prevalent a few months ago
Last edited by jimrpa; Nov 28, 2005 at 11:46 am
Nov 28, 2005, 11:48 am
#54
Join Date: May 2003
Location: Florida - Delta Charter DM/3.3MM; Lifetime SPG Plat; HH Gold;
Posts: 1,789
When you call back, make sure that you ask to speak to a CUSTOMER CARE SUPERVISOR. I suspect that this was not to whom you previously spoke. This may be the only person who would authorize either another carrier, or more realistically, ground transportation from the alternate airport.
Keep us posted! Good luck!
Keep us posted! Good luck!
Nov 28, 2005, 9:43 pm
#56
FlyerTalk Evangelist
Join Date: Dec 2004
Location: MSP
Programs: Fallen Plats, ex-WN CP, DYKWIW; still a Hilton Diamond & Club Cholula™ R.I.P. Super Plats
Posts: 25,415
Would your odds be any better if you just showed up for the return flight & the ticket agent had to deal with you? Assuming a semi-busy airport, they would really look like **** to the other people standing in line if they refused somehow to honor the return on a round-trip ticket.
If NW decided unilaterally to return me to Rochester or Eau Claire, I'd really be screwed. I'd be really stubborn about not accepting that kind of arrangement.
Mike in Mpls.
Apologist at Large
If NW decided unilaterally to return me to Rochester or Eau Claire, I'd really be screwed. I'd be really stubborn about not accepting that kind of arrangement.
Mike in Mpls.
Apologist at Large
Nov 29, 2005, 10:21 am
#57
Join Date: Aug 2001
Posts: 1,338
Thank you for all your advice and support.
More details -
On October 31, 2005, from a local newspaper, I first learned that Delta would no longer operate in/out of HVN effective 01/01/2006. I called Delta the same day and an agent told me that she had not heard about the HVN closing and "Not to worry." She also said that there was nothing Delta could do for me until the news becomes "public." "You can't rely on the media," she said.
If given the choice, I would have cancelled the entire Delta ticket at that time and rebooked on another airline.
Last week, I flew the outbound. At the airport, the agent asked if she could fly me out of BDL for the return. I said no. I requested a switch to USAirways. She told me to call Customer Care and said that Delta will either pay my cost to get from HVN to BDL or accommodate me on another airline.
I called Customer Care and got an agent who said that neither was possible - i.e. no reimbursement for getting me to BDL and no option to switch to USAirways.
I was not satisfied with this response and told the Customer Care agent that I needed time to think. I also emphatically told her that flying out of BDL was NOT an option.
A few minutes later, I decided to call again (hoping to get a more agreeable agent). I logged into my itinerary and saw that the first Customer Care agent had already UNILATERLY confirmed me on a BDL flight.
The second agent was no help either. However, I did get her name and ask that she clearly document that I did NOT agree to fly out of BDL. She tells me that the first agent must have confirmed me to "protect" me.
I have since sent a written complaint to Delta and have filed a dispute claim with my credit card. The return is still far away. I can wait.
By the way, the passenger is really my 18-year old son. Renting a car to get from HVN to BDL is, therefore, not an option.
More details -
On October 31, 2005, from a local newspaper, I first learned that Delta would no longer operate in/out of HVN effective 01/01/2006. I called Delta the same day and an agent told me that she had not heard about the HVN closing and "Not to worry." She also said that there was nothing Delta could do for me until the news becomes "public." "You can't rely on the media," she said.
If given the choice, I would have cancelled the entire Delta ticket at that time and rebooked on another airline.
Last week, I flew the outbound. At the airport, the agent asked if she could fly me out of BDL for the return. I said no. I requested a switch to USAirways. She told me to call Customer Care and said that Delta will either pay my cost to get from HVN to BDL or accommodate me on another airline.
I called Customer Care and got an agent who said that neither was possible - i.e. no reimbursement for getting me to BDL and no option to switch to USAirways.
I was not satisfied with this response and told the Customer Care agent that I needed time to think. I also emphatically told her that flying out of BDL was NOT an option.
A few minutes later, I decided to call again (hoping to get a more agreeable agent). I logged into my itinerary and saw that the first Customer Care agent had already UNILATERLY confirmed me on a BDL flight.
The second agent was no help either. However, I did get her name and ask that she clearly document that I did NOT agree to fly out of BDL. She tells me that the first agent must have confirmed me to "protect" me.
I have since sent a written complaint to Delta and have filed a dispute claim with my credit card. The return is still far away. I can wait.
By the way, the passenger is really my 18-year old son. Renting a car to get from HVN to BDL is, therefore, not an option.
Nov 29, 2005, 12:08 pm
#59
Join Date: Aug 2001
Location: Wayne, PA USA
Programs: DL MM, Marriott Bonvoy Lifetime Titanium, HHonors Gold
Posts: 7,242
Originally Posted by andymo99
Boola boola!
)
Nov 29, 2005, 12:23 pm
#60
Join Date: Jan 2000
Posts: 369
Ground transportation to BDL
A reasonable approach (and one supported by the contract of carriage) would be to say that the pax will accept the re-routing from HVN to BDL if and only and if DL also provides ground transportation from beautiful New Haven to lovely Hartford Bradley.
You might note to Delta that taxi fare may cost them more than re-routing the pax on another airline from New Haven. However, if they put the pax on a Conn. Limo shuttle to BDL or a NY airport, that would seem to meet their obligations.
OT -- This is where a good travel agent with local knowledge would be a lot of help in identifying options than a rental car. Too bad that is almost impossible to find for domestic trips. I guess this board almost serves as substitute for that kind of insight. Jeesh-- this post reminds me of too many hours on CT limo while in grad school.
Do you think that DL is unwilling to endore the ticket over to another carrier, or that the other carriers are unwilling to accept the promise to pay from Delta?
You might note to Delta that taxi fare may cost them more than re-routing the pax on another airline from New Haven. However, if they put the pax on a Conn. Limo shuttle to BDL or a NY airport, that would seem to meet their obligations.
OT -- This is where a good travel agent with local knowledge would be a lot of help in identifying options than a rental car. Too bad that is almost impossible to find for domestic trips. I guess this board almost serves as substitute for that kind of insight. Jeesh-- this post reminds me of too many hours on CT limo while in grad school.
Do you think that DL is unwilling to endore the ticket over to another carrier, or that the other carriers are unwilling to accept the promise to pay from Delta?