Delta Airlines Compensation 2 Years Later

Joosh

Hi all,

Had a total nightmare flying from London Heathrow to Bogota in Colombia in March 2015. The whole return flight was booked all at once on the same booking reference.

Basically, the flight leaving Heathrow to JFK was delayed by 40mins (departure) and 1hr 40 (arrival) causing us to miss our connecting flight to Bogota from JFK. This departure and hence arrival delay was because the aircraft was late getting into Heathrow due to "aircraft balance issues" leaving the USA.

We ended up having to hang around at JFK for ages then got booked onto a flight and arrived 7 hours late into Bogota.

When I complained about this dilemma (and the fact that every other flight on return was delayed and/or cancelled and they also lost my bags getting into heathrow, amonst other things), it took months to get anything out of Delta (via KLM).

In the end, we got a bit of our food paid for due to being delayed at JFK outbound and Altanta (on the return), but not all of it, and they compensated me for baggage delay back at Heathrow.

They wouldn't even pay the £100 for the last minute train ticket I had to get arriving late in London to get home.

After more months of arguing they eventually offered a "Goodwill Gesture" of EMD Vouchers for use on Delta/KLM/Air France services. I responded in protest that this was not good enough as I had no intention of using their frankly appalling services again.


Now back to the present time, I've only just realised that the EU Regulation can potentially apply in this case as I didn't realise that connecting flights were covered based on the end destination if booked on the same single booking.

I'm concerned that they may not pay out due to the "Goodwill Gesture" being offered.

Is this something worth worrying about?

Thank you all,

J

DrA_Harrogate

From what you say you may well be entitled to compensation under European legislation. Download Vauban's guide, have on hand large cafetiere, and read it twice at least. Having absorbed the info decide whether you have a claim (the vouchers are irrelevant) and if so issue an NBA or pass to a nwnf lawyer. Let us know how you get on.

Joosh

DrA_Harrogate wrote: »

From what you say you may well be entitled to compensation under European legislation. Download Vauban's guide, have on hand large cafetiere, and read it twice at least. Having absorbed the info decide whether you have a claim (the vouchers are irrelevant) and if so issue an NBA or pass to a nwnf lawyer. Let us know how you get on.

Hi there,

Thank you for the reply. I'll read the guide and get to it! When I had to do this with Thomas Cook they paid up straight away...

The bit I've highlighted I don't fully understand (excuse me for this).

I assumed by them issuing vouchers they might claim that it's settled. What if I've spent the vouchers provided? At the time I did not know that they failed to inform me that I'd have been entitled to the compensation under EU law.

Also, could they take the vouchers away if they pay the compensation?

Thanks,
Josh

DrA_Harrogate

They are required to compensate in cash not vouchers, which are therefore irrelevant. If they gave you the correct monetary compensation I think it would be fair do's to ask for the vouchers back. Whether such a request is legally enforceable I doubt since it was in their own words a 'goodwill gesture'. But I'm not a lawyer!

Vauban

DrA_Harrogate wrote: »

They are required to compensate in cash not vouchers, which are therefore irrelevant. If they gave you the correct monetary compensation I think it would be fair do's to ask for the vouchers back. Whether such a request is legally enforceable I doubt since it was in their own words a 'goodwill gesture'. But I'm not a lawyer!

It depends entirely on the basis the vouchers we given. At one end, "a gesture of goodwill" is fine: irrelevant to your claim. However if the vouchers (or anything) were offered "in settlement of your claim" you have more of a problem.

But rather than second guessing all this, why not just write to them - not mentioning the vouchers - and see what they say?

Joosh

Thanks guys. There's some progress!

After a few emails back and forth they have agreed to compensate the 600 EUR.

The problem:
Their refund processing only refunds in the currency that you paid for your flights with, and by their reckoning, 600 EUR somehow equals only £430.

Their exchange rate is an absolute joke, the current value (at the time they stated that) was £515.

They also only issue EMD (electronic vouchers) which you then either exchange for cash using their online form (which dictates only GBP be paid) or use on their site.

They have also said that they can instead offer 800 EUR if i opt for non-refundable EMD vouchers (i.e. not exchangeable for cash, only usable for Delta/KLM/Air France services) but even that is only £560 they say.

Now they're not replying when I asked for payment in EUR or the actual value of the EUR in GBP.

J

Vauban

They can't use their own exchange rate! So either they pay you the equivalent today of 600 Euros (about £505) or you take them to court for the difference (about £75). You might have to issue proceedings, but as these are indefensible for the airline - particularly as they've conceded they are liable for the claim - you'll get your money eventually.

razorsedge

Joosh wrote: »

They also only issue EMD (electronic vouchers) which you then either exchange for cash using their online form (which dictates only GBP be paid) or use on their site.

You also do not have to accept EMD unless you agree to do so. Article 7 (3) states:
3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.

You could insist on cash, by electronic bank transfer, bank orders or bank cheque. Any of these could be paid to you in Euros to secure a better exchange rate than the airline are offering.

Joosh

Thanks for info guys. I'll update if any progress is made!