Quote:
Originally Posted by DELTASKYMILESMEMBER
thank u for your letter,
i can not dump them since i have many frequent flier miles with them, but i will sue them and see what happens.
whatever the outcome is, will be posted on this website.
thank you
howard paul shore
robbery victim and delta airlines skymiles member
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You have come to the correct decision to disregard the advice of Mr Doofus Worcs to dump Delta.
It is not in any consumer's interest to boycott a merchant or service provider, on a long term basis, especially in the airline business as there are not many airlines operating any one route and it is in the passengers' interest to maintain the competition.
However the offending airline must be brought to justice and made to know that it cannot flout the rights of passengers.
In your particular case if you go to court, you have to overcome the fact that a policy of airlines is to charge change of date fees.
The question you will have to convince the Court is, assuming that this is the case, that at the time of booking the original ticket, you did not know that the policy of the airline was to impose the change fee even if you got robbed of all your belongings. Put another way, is it part of the contract of carriage that the change fees will be applied no matter what? For it to be part of the contract, the airline must have told you, that this was its policy.
So your position is that had you known that this was the airline's policy, you would not have purchased the ticket. The onus is on the merchant to bring to the customer's attention all the conditions of contract, prior to entering the contract. Only then can it be said that you are taken to have accepted those conditions.
That's what I think your argument is in a nutshell, but you will need to give it some thought as to how you will convince the Judge of your position.
The good thing about a small claims case is that airlines usually find it is a waste of time to defend it by hiring lawyers and transporting lawyers and witnesses to Court. You bring the case in your State so your advantage is that it is close to your home.
The forms are usually available on line and the court clerks are there to assist in general advice with regard to the procedures. You don't need to hire a lawyer, but from your posts you appear intelligent enough (more than I can say for a few bumpkins on this site) to set out your case simply and convincingly.
Good luck