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Delayed flight compensation

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Hello fellow travelers,

I am trying to get compensation under the Regulation (EC) No 261/2004 of the European Parliament due to a delayed flight. The initial flight was from BAR-JFK and then a transfer JFK-LAX. BAR flight was delayed by several hours and we were bumped to the next available connecting flight from JFK-LAX, which resulted in about 5-6 hour total destination delay. I wrote to Delta (we bought tickets through their partner Air France) explaining situation and have received a strange response, in summary: "We apologize for the delay, it was caused by air traffic controller and is considered extraordinary, however, here is $100 per ticket in gift cards as a gesture of goodwill." (sounds like BS to me)

Since the flight was 4000km+ they are liable for EUR600 per ticket from what I can tell. Can I pursue further claims with them if I accept the gift cards, or should I write to them that this is unacceptable? Also, how do I get information of why the flight was delayed, I have a feeling that they are lying about air traffic controller fault, and I am not even sure that it falls under an exception to issue compensation?

What would you do? Or have you dealt with similar cases?

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