Delta refusing compensation sayiny Technical fault was Extraordinary Cause

ady1955

Hi Folks,

just wondering if anyone can give me some quick advice on where to go with this.

My wife and i were on a Delta flight leaving Dublin on our Honeymoon in November when there was a problem with the aircraft. After a few hours delay it was decided a replacement part was needed from amsterdam, however it wasnt able to be flown to Dublin and fitted in time to fly that day so the flight was cancelled and rescheduled for the following day, resulting in us losing the first day of honeymoon.
I have since submitted a claim to delta who have said that this due to an extraordinary cause and they would offer myself and my wife a $100 travel voucher each as a gesture of good will.
I wrote back again disagreeing that this was an extraordinary circumstance but i have just recieved this response again

"I would like to confirm that KLM deals with Customer Care for flights of Delta Air Lines in Europe. Therefore on behalf of Delta Air Lines, please accept my sincere apologies for the inconveniences caused, as a result of the cancellation of the flight DL 177.
With regard to the letter we received from you I wil provide below an explanation for the regrettable event that did not allow you to travel as scheduled.
The flight DL 177, scheduled to depart on the 12th of November, 2013 from Dublin towards Atlanta was cancelled based upon having to return to the gate, due to anti-icing failure. Considering the flight was cancelled due to technical issues, this represents an extraordinary cause for cancellation, as we cannot change the outcome of this flight. Therefore no legal compensation is due.
I am very sorry I cannot further assist you. I hope you could understand the reasons explained above for the regrettable outcome."


I dont believe that this was a extraordinary circumstance, just normal wear and tear of the plane, and also that the nearest replacement part was out of range to allow it to be fitted and still fly the same day was within the airlines control. Should i just accept this our should i fight on for compensation and how would i go about it? I have already been in contact with Delta twice now and they keep fobbing me off.

David_e

ady1955 wrote: »

just wondering if anyone can give me some quick advice on where to go with this.

If this was the same delay you posted about previously, I would revisit the comments given then and read the FAQs for your next steps.

ady1955

Can anyone recommend a claims company to take this case to a small claims court for me?
I have tried EU claims but they are unable to process it since it was a non EU airline

CobyBenson

The difficulty is that you're going to need to find a company that can issue court proceedings in Ireland.

I'm not aware of anybody doing this type of work on a NWNF basis in Ireland.