View Full Version : Canceled / Delayed / Overbooked Breach of Contract

Rick Suarez
Dec 11, 2007, 7:51 PM
On March 20th 2007, my friend and I bid and won a trip to Italy including airfare & hotel to Rome and Florence, and paid for it. Because of my friend having a bout with cancer at the time, we elected to postpone the trip until Sept 10th, 2007. Once in Rome we decided to forego the air trip to Florence if the cost was reasonable to go into Florence by train instead. It costs us 33 Euros, which in effect, would have delivered us from Rome proper into the city of Florence and would have cost less than the trips to and from the airport for the flight to Florence alone.

About 9 AM in the morning on the day before we were scheduled to return, we had the desk clerk from our hotel call the airline and reconfirm the trip. Delta was provided our names, the dates & flights as well as our current hotel name and room as well as the hotel’s phone number, we were never notified of any problem.

The next morning, while checking in at the Alitalia ticket counter at the airport in Florence to return to Rome and connect to our flight to the US (JFK) we were informed by the clerk on the Alitalia desk that Delta had cancelled the rest of our itinerary. I was then given a phone number in Rome to call Delta about it.

I called the number in Rome from a public phone at the airport in Florence and spoke to an agent from Delta. I must point out that I was calling from a public phone at the airport, using whatever Euros coins I had left. I was not in any belligerent frame of mind but rather desperate and scared. I got an agent from Delta in Rome, gave him the Delta Records locator and the confirmation number, instead of l being in any way helpful or even sympathetic, he became totally belligerent and started screaming at me repeatedly that it was ‘obvious’ that they had cancelled the rest of our itinerary since we had ‘changed’ our reservation. I calmly tried to reason with this man and replied to him that ‘this matter obviously had not been so obvious to us, that we had never changed anything, that we had simply elected not to use one segment of our itinerary and that had we known that such action represented ‘any actual change’ we would ‘obviously’ not have done so since we were now stranded in Florence’, also that we had reconfirmed the morning before, he then simply just hung up on me. No rules, relating to the fact that not using a specific segment of the itinerary would invalidate the rest of it (‘Contract of Carriage’) were ever communicated to us, the passengers, in any way, at any time. I had paid Delta for my transportation and elected not to use a small portion of such but to go by train instead. I fail to see how this was detrimental to Delta in any way. Delta did not either make us aware of any such rule or honor their contract to provide us with transportation. We never attempted to change any dates, or to use any segment of the itinerary in a manner to get any type of refund whatsoever.

We were then in danger of missing both, the flight from Florence to Rome and then the connection in Rome to NY, furthermore we no longer had any place to stay anywhere in Italy. Such tickets as well as the airport commission costs us 1,346.34 Euros (or $1,992.58 plus the currency exchange commission) for us to buy once more our way back home. I was lucky that my credit card took the charge since otherwise we would have remained stranded in Florence indefinitely.

The State of Pennsylvania Attorney General Office has informed that Delta will not negotiate any settlement and they cannot proceed with any legal action against Delta Airlines because “under Pennsylvania’s Consumer Protection Law, the Commonwealth must establish a pattern or practice of deceptive or unfair conduct in order to pursue such action”.

If anyone has had any similar experience with Delta Airlines would you be so kind as to contact me at: [email protected]