EU rule 261/2004 Delta/Air France

tomtontom

DL184 is (was) operated by Delta - which is what your OP states?

gpduffy

yes it was an air france aircraft but the ticket was delta

tomtontom

gpduffy wrote: »

yes it was an air france aircraft but the ticket was delta

But that's not what your OP states, nor is it what official records show. Do you have any other documentation to support your claim?

Vauban

If it was an AF plane, this suggests that it was perhaps wet leased or some such because Delta couldn't provide the plane. (It's clear from the flight reg that Delta she have operated the flight). If this is correct, compensation would not be due as the liability still sits with the airline that wet leases the plane - not the company that provides it.

Vauban

Here's the part of the Reg to substantiate my post above:

In order to ensure the effective application of this Regu- lation, the obligations that it creates should rest with the operating air carrier who performs or intends to perform a flight, whether with owned aircraft, under dry or wet lease, or on any other basis.

gpduffy

it was code sharing

delta ticket - air france flight

tomtontom

gpduffy wrote: »

it was code sharing

delta ticket - air france flight

It was a code share, but the operating carrier was Delta. Vauban's explanation is a distinct possibility, in which case Delta would still be the operating carrier - hence, still no claim.

Justice13075

This is from the refund me web site and covers Code Sharing


All you need to know about code-share flights…

A code-share agreement is an arrangement where two or more airlines share the same flight. A seat can be purchased from an airline on a flight that is actually operated by another airline under a different flight number or code. If airline XX has a code-share agreement with airline YY, your ticket from XX might show “operated by YY”.

All major airlines have one or multiple code-share agreements. There are well-known code-sharing alliances, for example the Star Alliance with (currently) 27 member airlines such as Lufthansa, SAS, Singapore Airlines and Swiss, to name but a few.
Code-share agreements are an important detail if you are flying into the EU and it comes to eligibility according to EU Regulation 261/2004.
A necessary precondition for flights into the EU to become eligible (e.g. when delayed for more than three hours) is that they are operated by an EU carrier.
But does that mean you have to hold a ticket from an EU carrier?
The answer is NO, and that’s where code-sharing comes into play. Let’s assume you are flying from the US to the EU and have a Delta Air Lines ticket, so the flight number on your ticket is DL1234, for example.
Let’s assume further the arrival of your flight is delayed for more than three hours. Is your flight eligible?
It depends: If the flight was OPERATED by Delta, NO (because Delta is not an EU carrier). But Delta has a code-share agreement with, for example, Air France, a well-known EU carrier. So if your ticket shows “operated by Air France”, then your ticket is a code-share ticket and your flight IS eligible.
That is good news for you, the air traveller: you can stay with your favourite domestic airline (say in the US: Delta, AA, UA, US Airways, etc.) when flying to the EU. You can book your ticket with them, but make sure you are on a code-share flight OPERATED by one of their EU partners, just in case you get delayed and want to file a claim based on EU Regulation 261/2004.
As you can see, the small code-share print “operated by…” can mean a refund of up to 600 Euros, so it’s worth paying attention to this detail.
Needless to say, the refund.me ABL system checks everything for you!




If you booked with Delta but you flew with Air France under code share you are entitled to compensation

gpduffy

are you sure justice?

Vauban

Justice - I fear you are not right. I agree that if AF operated this flight as a codeshare, you would be correct. They would be the "operating air carrier who performs or intends to perform a flight".

But this isn't what the evidence suggests. If you search flightstats you will see that AF3643/DL184 is operated by Delta, not Air France. We cannot be certain why the OP says he nevertheless flew on an Air France plane, but it is immaterial because AF was not the "operating air carrier who performs or intends to perform a flight".

OP: what was the date of your flight?