Delayed flight compensation

Old Aug 9th, 2016, 11:03 AM
  #21  
 
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If that was the case, it would not exempt Delta from its responsibilities.>>

How about if the flight coming into BCN were delayed for reasons that were beyond their control? I don't see why they would be exempt if the delay were solely at BCN for reasons beyond their control (weather, whatever), but they would be liable if they were delayed because the incoming flight were late and that was due to weather. That kind of thing happens a lot, it seems to me.

Delta mentioned the buzzword of "extraordinary" which I'm sure they did deliberately as that would mean they are exempt.

Now if it were today and due to their system failure, I agree, they would be liable, but the OP just wants money for being delayed 5-6 hours on her trip.

Sure, go ahead and try to get more details if you want to spend the time, can't hurt to try.
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Old Aug 9th, 2016, 03:26 PM
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Delta would not be responsible for leaving BCN late if the late arrival in BCN was beyond their control.
Nevertheless, I don't see anything in OP's reply from Delta which could proof that. Claiming "extraordinary circumstances" is one thing, naming and proving them is another.
You cannot make a judgement either way with the limited information there is.

And, of course, OP wants money for being delayed - that's why we have that regulation in Europe: to penalize airlines (only IF the airline is responsible, of course).
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Old Aug 9th, 2016, 09:42 PM
  #23  
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Thank you all. It's a matter of principles really for me: if I drive 5mph over the speed limit and I get caught I pay a fine, why shouldn't an airpline pay a fine for delaying my flight? I fight to prove I wasn't driving over 5mph, they should prove to me they didn't cause the delay.

The money is not super important, but if I fight and win it will be more satisfactory feeling that an individual can fight a large company with the law on their side. If there was no such European law I wouldn't even bother obviously, but this law was created for a reason, why not enforce it? If I don't complain what stops the airline from delaying for 10 hours and claim the same bs story with no proof next time around? Law is a law, I have to follow it, they have to follow it.

I will write to them again as they rejected my claim one more time with the same exact reason. I want to avoid 3rd party websites as they collect up to 30% of the settlements, I would rather go through the process of complaints myself and see where I end up. No victory then not a big deal, I was wrong.

But again, thank you all for the feedback and your thoughts.
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Old Aug 9th, 2016, 10:12 PM
  #24  
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Has anyone filed http://ec.europa.eu/transport/themes...nt_form_en.pdf

What's the best to file and where?
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Old Aug 10th, 2016, 12:59 AM
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As a first step, you file that complaint with the airline - as described on the first page of the document.

Since you bought your tickets from Air France, i.e. your contractual business partner has been AF not Delta, I would start by filing the complaint with AF.

In principle, you can file your complaint with either airline as both the operating carrier (Delta) as well as the marketing carrier(s) (Air France) are bound by the same responsibilities.

If Air France's reply is not satisfactory, file the complaint (including the "history" of replies from AF) to the Spanish authority. (link in your document)

Alternatively, you can also go back to AF, tell them that their reply is unsatisfactory, and that you are prepared to file the complaint with the Spanish authority and/or a company like ClaimAir (no endorsement!).

Expect this process to take a LONG time - up to one year.
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Old Aug 11th, 2016, 11:34 PM
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Thanks, that's a pretty good plan!
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Old Aug 16th, 2016, 11:21 AM
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My final post on this. Delta agreed to pay me 300EUR per ticket in a form of a check, I hope they will mail it out sooner or later, but at least they admitted their own fault. I am good with it, the final delay to LAX was 3.5 hours (I was wrong initially).

People, please complain and demand what is rightfully yours! Do not give up. If you know they broke a law (or even if you think they broke the law) demand the corporation to respond with full records and proof that it was not their fault! The law should be applied to all equally!
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Old Aug 16th, 2016, 11:42 AM
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Congratulations, dima, well done. Your thread here will be useful to many others in future, I'm sure.
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Old Aug 16th, 2016, 06:46 PM
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I'm glad you're happy with the outcome. Did you end up filing a formal claim? I'm impressed with how quickly it was removed. Out of curiosity, what was the actual reason for the delay?
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Old Aug 17th, 2016, 11:18 AM
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300E per person for a few hours of online research is a pretty good payout in my book. That'll pay for all of the tapas on your next visit.
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Old Aug 17th, 2016, 12:59 PM
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Oops. Make that "I'm impressed with how quickly [your claim} was resolved."
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