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Canceled / Delayed / Overbooked
COMPLAINT: Delta Air Complaint Overcharge overbooked flight

 
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  #1  
Old Jan 16, 2009, 5:42 PM
blt1261 blt1261 is offline
 
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On 12/20/08 (Saturday) I had booked a one-way Delta Flight from Flint Mi to Tulsa OK for my sister. My son had to drive to Michigan for surgery, she volunteered to meet him in Tulsa and drive him back. Her flight was delayed in Flint for about 45 minutes due to a steering problem. With only a 45 minute layover in Atlanta, she missed her connecting flight to Tulsa. She was assured by the Delta flight attendant that Delta was aware of the delay and they would make sure that they would make the connection. Upon arriving in Atlanta, she was informed by the gate attendent that she had missed her flight. She was advised to contact Delta using the help phone at the airport. The Delta operator told her that all flights to Tulsa were booked until at least Monday, 12/22/08. My son had to be in Michigan for an appt on 12/22/08 so he could not wait for her arrival. The help operator tried to get her a flight where she could catch my son in route, St Louis......, that failed. She was then offered a flight back to Michigan, arriving at Detroit Metro airport with Northwestern, which just became available. She had no choice but to take it. She has small children and need to get back to Michigan for Monday. That 700 mile trip cost her $851!!!! Delta gave us a credit of $231.00 for the original flight and a $100.00 voucher. That trip was a $900.00 nightmare that accomplished nothing. To make matter worse, the help desk booked her a flight from Altanta GA to Tulsa OK for Sunday, 12/21/2008. The help desk failed to mention that flight, her confirmation was waiting for her upon her arrival in Michigan What can I do? Northwestern is owned by Delta.
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  #2  
Old Jan 17, 2009, 3:03 AM
Jetliner Jetliner is offline
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I'm not sure what Northwest being owned by Delta has to do with this, but call Delta's customer relations line. Generally when you are sent back to where you started from due to mechanical, they will refund the ticket.
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  #3  
Old Jan 18, 2009, 7:06 AM
PHXFlyer PHXFlyer is offline
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When you call tell them it was a "trip in vain." Once your travel begins if delays for whatever reason cause you not to make it to your destination the airline must send you back to your point of origin. To what extent you receive a refund depends on the airline's contract of carriage. Some will only refund you the unused portion(s) of your ticket (not counting the return flight to your starting point) while others will refund the whole amount or reschedule your trip with no fee.

The problem with your situation is that Delta sent her back to Detroit not Flint and on Northwest, not Delta. Even though Delta took over NWA thy are still run as two different companies. My suggestion would be to contact Northwest first as their customer service is far superior to Delta's and ask them what if anything can be done at this point about the $851 flight from Atlanta to Detroit. Perhaps if they knew that Delta strong-armed your sister into accepting that arrangement and that it was really her return to origin on a "trip in vain" they might refund some or all of that ticket.
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  #4  
Old Jan 18, 2009, 11:48 PM
Butch Cassidy Slept Here Butch Cassidy Slept Here is offline
 
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Because you (BLT1261) live in Michigan, you are at a significant advantage. I’ll elaborate in a minute.

In a small claims action, Delta will, almost certainly, try to hide behind it’s “Contract of Carriage.” Go to the following link:

http://images.delta.com.edgesuite.ne...rriage_dom.pdf

One unlikely, but possible, pre-court maneauver, by Delta, after they receive your complaint: They will file a motion seeking to have the case transferred to the US District Court serving your area. In your situation this would be clear harassment, or frivolous filing. Federal courts simply don’t hear cases involving the small dollar amount of your claim—and Delta, very much, knows this. Since the Federal Judge also knows this, and could impose financial sanctions on Delta (separate, and apart, from your claim) for this kind of nonsense it is, again, unlikely this would happen.

The contracts of carriage, of most of the US-based airlines, are very one-sided documents. They are written to protect the airline. When it comes to a matter of the airline failing to live-up to its basic obligation—to provide transportation, from Point A, to Point B, for yourself, and your checked baggage—a typical contract of carriage is conspicuous in the absence of any significant rights/recourse for the passenger. Using the “reasonable person” principle, it is a reasonable expectation an airline will provide shorter travel times, between two given points, than would be the case if Amtrak provided travel between the same two given points (assuming Amtrak serves the city pair in question.) The reality is, US-based airlines do not feel obligated, in any way, to this principle. Like the proverbial “stuck pig,” and the airline apologists they are, Jetliner and PHXFlyer will argue I am stating nothing more than lies. Given his “m.o.,” to date, Jetliner will, with a straight face, even go so far as to say what I am stating here has nothing to do with the situation you’ve described. Hopefully, when you go to court, Delta will send a “mental giant” similar in capacity to Jetliner or PHXFlyer.

Illustrating, to the (small claims) Court, Delta’s one-sided, and therefore, illegal (totally, or partially), contract: Before you boarded your first flight, did Delta give you an opportunity, for an additional payment of fare, or other consideration, to NEGOTIATE the terms of said contract? I don’t think so. So, this is a “contract of adhesion.” They “stuck it to you” in other words. In citing the contract of carriage, Delta may, depending on how smart their representative (in court) is, mention the following provision of the contract.

RULE 3: SCHEDULES AND OPERATIONS
Delta will use its best efforts to carry the passenger and baggage with reasonable dispatch. Times shown in timetables or elsewhere are not guaranteed and form no part of this contract. Delta may without notice substitute alternate carriers or aircraft, and may alter or omit stopping
places shown on the ticket in case of necessity. Schedules are subject to change without notice. Delta is not responsible or liable for making connections, or for failing to operate anyflight according to schedule, or for changing the schedule or any flight.

Again, where are YOU left when these kind of one-sided terms are applied??

Ah, your Honor, but, in addition to giving her a credit, we ALSO gave her a $100 voucher! OK, so you can spend this voucher in your local supermarket? Oh, you can’t? Sounds like it’s NOT legal tender. If Steve Jobs, of Apple Computer, smashed into your car (assuming he was well enough to drive) he can absolve his financial liability to you by giving you vouchers for free Apple Computers?? I don’t think so!

The “demand” letter: You must give Delta an opportunity to avoid going to court. Since you are contemplating legal action, against Delta, in Michigan, you should send it to Delta’s registered legal representative in the State of Michigan. That address is:

Delta Air Lines, Inc. (Mich. Registration # 633078)
c/o CSC Lawyers Incorporating Service Company
601 Abbot Road
East Lansing, MI48823-3366

Note: The registration number, quoted above, may not be valid. It pre-dates Delta’s last bankruptcy discharge. Still, the address, and the rest of the info should be ok.

Sixty days should be more than enough time, in the Court’s eyes, to allow Delta to comply with your demand for a cash payment. Naturally, your letter should be mailed using Certified Mail, Return Receipt Requested.

With regard to that $100 voucher: If you haven’t, already, used it, or trashed it, first make photocopies of both sides of that voucher. Then enclose it in your “demand” letter. Say you will not accept vouchers in lieu of a cash payment. Doing this may head-off those nonsensical arguments, on the part of Delta, I referred to above.

Be sure to note, in your demand letter, the credit Delta has, already, given you.

You go to court, and you win! Don’t celebrate just yet. Delta has decided to tell you to go **** yourself. They won’t pay on the judgment! Now you must go through the process of going back to court, and requesting an Execution of Judgment. If Delta doesn’t have any assets near your home (ie: a bank account; the cash drawer at a nearby airport; equipment; etc.) you may need to travel to Detroit, with your Execution order, and contact the Wayne County court authorities so you can make a trip, with the Court Officer, to Detroit Airport, and start seizing Delta property there (enough to satisfy your judgment.) For what it’s worth, a man, in New York City, had a very expensive suitcase lost by US Airways. He won a judgment against US Airways. However, US Airways thought they need not pay. Believe it or not—this guy, actually, got a New YorkState judge to issue a seizure order for a US Airways Boeing 737 at LaGuardiaAirport! Needless to say, US Airways paid! If it were me, however, I would start “small,” and go for cash drawers, petty cash, etc.

Good luck!

Hey PHXFlyer, I thought you got mad, and left??

Now for the comedy portion of our show: Introducing Jetliner, and PHXFlyer!
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[B][I][COLOR=navy][FONT=Arial Narrow]We HATE to fly--and it shows![/FONT][/COLOR][COLOR=navy][FONT=Arial Narrow][/FONT][/COLOR][/I][/B]
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  #5  
Old Feb 9, 2009, 8:34 PM
blt1261 blt1261 is offline
 
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Just an update - Thank you for all your replies. Delta has responded to our complaint to our satisfaction. Actually the settlement was far more than we expected. They were very courteous and very easy to work with. I would definiately fly Delta air again.
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  #6  
Old Feb 10, 2009, 5:19 AM
PHXFlyer PHXFlyer is offline
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Nice to hear everything was resolved to your satisfaction. I assume that this was without the intervention of any court of law and that the Delta SWAT team didn't show up at your residence and drag you off to locations unknown in plastic zip-lock handcuffs.
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  #7  
Old Feb 11, 2009, 5:40 AM
Leatherboy2006 Leatherboy2006 is offline
 
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DID SOMEONE SAY HANDCUFFS
Sorry in silly mood been taking an online coarse and a little slap happy
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  #8  
Old Feb 11, 2009, 3:17 PM
Jetliner Jetliner is offline
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Someone named Leatherboy talking about handcuffs - sounds quite well on the freaky side.
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  #9  
Old Feb 11, 2009, 8:06 PM
Leatherboy2006 Leatherboy2006 is offline
 
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guilty as charge
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  #10  
Old Feb 12, 2009, 12:41 AM
jimworcs jimworcs is offline
 
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Not to mention "coarse" and "slap happy"....
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  #11  
Old Feb 13, 2009, 10:22 PM
Mae Mae is offline
 
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My husband was holding a contracted,paid ticket to fly from NYC to Charleston SC on Delta -- Delta did not send him an E-Ticket when he booked and when he went to the airport 2 hours before the flight he was made to stand in line for 40 minutes to get his boarding pass. The agent at the counter told him that although he was an hour before the flight, the flight was full and he had to go as a stand-by and 7 people were ahead of him.

They were obviously playing games when they did not send the E-Ticket which he asked for when he paid for the ticket.The flight was then delayed for another two hours and he was told he would not be able to take the flight after waiting three additional hours and there were no add'l flights that day. Meanwhile I was waiting in Charleston SC for him after finishing a business trip. We were celebrating Valentine Day in SC and looking for a retirement home in Hilton Head. I was stuck paying for a hotel room for 2 days and Delta made me pay an additional $200 to fly back to NYC a day early.

They are swindlers and ruthless and I highly recommend that EVERYONE AVOID DELTA like the blue bonnet plaque.
I travel 2x a month for work and I use an agency to book flights , my organization which is large has put a block on Delta for air travel unless desperate.
This happens on a regular basis and spread the word to all!! DO NOT FLY DELTA!!!
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  #12  
Old Feb 14, 2009, 12:32 AM
jimworcs jimworcs is offline
 
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Delta enjoy the protection from normal market forces that the government provides, and so don't have to attend to the needs of "the little people" such as yourselves. Instead, they pay their bloated management excessive pay and bonuses, shaft their staff and passengers and they do this because they can. When the excess becomes too much, they file Chapter 11, run away from their obligations, stiffing their suppliers and employees again, then start the whole merry go round again. Until action is taken by Congress, nothing will change. I hope you will write to your Senator and Representative about it... because that is the only thing which will change their behaviour.
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  #13  
Old Feb 14, 2009, 2:18 AM
PHXFlyer PHXFlyer is offline
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I'm a bit confused about your post. When you say "Delta did not send him an E-Ticket when he booked..." what exactly did you mean by that? You aren't "sent an e-ticket" rather you are sent an e-mail confirming the e-ticket purchase and the itinerary details. If you did not receive conformation why did you wait until the day of departure to do anything about it? You should have been on the phone to Delta to have them re-send the confirmation and/or perhaps correct any typos in the e-mail address so that you could receive it.

Also you claim that you "...travel 2x a month for work and I use an agency to book flights," yet your husband stood in line rather than avail himself of web check-in from home or checking in at one of the kiosks at the airport? Something doesn't sound right here.

You also claim that "...my organization which is large has put a block on Delta for air travel unless desperate" Really? Because of this one incident regarding your husband's personal travel your organization has pulled their business from Delta? How did your and your husband's inconvenience with personal travel affect your organization? Do you really think your organization won't book on Delta if they are the least expensive option for a particular trip merely based on your negative feedback from a leisure trip? Please, a serious reality check is needed here.
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  #14  
Old Feb 14, 2009, 4:09 AM
Butch Cassidy Slept Here Butch Cassidy Slept Here is offline
 
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I aim to please!
First, as I've said previously, how much of a bargain is a $99 fare if one loses a major order or winds-up paying-out hundreds of dollars more because of some gate agent's attitude. Just based on cost companies across the nation should be giving all their business to Spirit Airlines. But they don't. Why is that PHX??
As to the idea of adopting a business practice that loses money: As a major defender of the airlines, what about the practice of "predatory pricing"--an airline that sells seats at a loss. Specifically, I cite of case of Vanguard Airlines' (now defunct) effort at competing against American Air some years ago. Is the latter OK, while a non-airline business doing the same thing is wrong?? Finally, there is nothing illegal about refusing to do business with someone. Predatory pricing, however, is a violation of the Federal Anti-Trust Act. I shall await your defense, PHX.
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[B][I][COLOR=navy][FONT=Arial Narrow]We HATE to fly--and it shows![/FONT][/COLOR][COLOR=navy][FONT=Arial Narrow][/FONT][/COLOR][/I][/B]

Last edited by Butch Cassidy Slept Here; Feb 14, 2009 at 4:12 AM.
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  #15  
Old Feb 14, 2009, 7:00 AM
PHXFlyer PHXFlyer is offline
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Originally Posted by Butch Cassidy Slept Here View Post
I aim to please!
First, as I've said previously, how much of a bargain is a $99 fare if one loses a major order or winds-up paying-out hundreds of dollars more because of some gate agent's attitude. Just based on cost companies across the nation should be giving all their business to Spirit Airlines. But they don't. Why is that PHX??
As to the idea of adopting a business practice that loses money: As a major defender of the airlines, what about the practice of "predatory pricing"--an airline that sells seats at a loss. Specifically, I cite of case of Vanguard Airlines' (now defunct) effort at competing against American Air some years ago. Is the latter OK, while a non-airline business doing the same thing is wrong?? Finally, there is nothing illegal about refusing to do business with someone. Predatory pricing, however, is a violation of the Federal Anti-Trust Act. I shall await your defense, PHX.
Just what in my post caused you to infer that I was making any remarks about "predatory pricing?" Just what sort of drugs are you on, Butch? Maybe you should share...then we can all see the airline cops who are constantly coming after us!

"Cuff 'em, Butch-O!"
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Old Feb 15, 2009, 3:18 AM
Mae Mae is offline
 
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Originally Posted by PHXFlyer View Post
I'm a bit confused about your post. When you say "Delta did not send him an E-Ticket when he booked..." what exactly did you mean by that? You aren't "sent an e-ticket" rather you are sent an e-mail confirming the e-ticket purchase and the itinerary details. If you did not receive conformation why did you wait until the day of departure to do anything about it? You should have been on the phone to Delta to have them re-send the confirmation and/or perhaps correct any typos in the e-mail address so that you could receive it.

Also you claim that you "...travel 2x a month for work and I use an agency to book flights," yet your husband stood in line rather than avail himself of web check-in from home or checking in at one of the kiosks at the airport? Something doesn't sound right here.

You also claim that "...my organization which is large has put a block on Delta for air travel unless desperate" Really? Because of this one incident regarding your husband's personal travel your organization has pulled their business from Delta? How did your and your husband's inconvenience with personal travel affect your organization? Do you really think your organization won't book on Delta if they are the least expensive option for a particular trip merely based on your negative feedback from a leisure trip? Please, a serious reality check is needed here.


Your insentive and defensive inquiry reeks of "Delta would never BUMP a person holding a paid ticket so it must be you!" I do not mind filling-in the blanks for you but I also invite you to read the many complaints about Delta on this site as well as a post last Spring stating that Delta has the highest number of complaints of ANY AIRLINE servicing the USA.

Are you a paid rep for Delta? I am not I am just a CUSTOMER who patronized Delta and had a horrendous experience trying to take a flight I paid for.

I invite you to take Delta as much as you like and believe me YOU will be on this site complaining and will I make sure to ask you "what did YOU do to cause YOUR problems".
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Old Feb 15, 2009, 3:43 AM
Jetliner Jetliner is offline
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MAE - I don't know about the bumping part, but I have to agree with PHX about sending an E-Ticket. An E-Ticket is an electronic ticket. There is nothing to be sent, regardless of the airline. What were you looking for them to send?
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  #18  
Old Feb 15, 2009, 7:40 AM
PHXFlyer PHXFlyer is offline
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Originally Posted by Mae View Post
Your insentive and defensive inquiry reeks of "Delta would never BUMP a person holding a paid ticket so it must be you!" I do not mind filling-in the blanks for you but I also invite you to read the many complaints about Delta on this site as well as a post last Spring stating that Delta has the highest number of complaints of ANY AIRLINE servicing the USA.

Are you a paid rep for Delta? I am not I am just a CUSTOMER who patronized Delta and had a horrendous experience trying to take a flight I paid for.

I invite you to take Delta as much as you like and believe me YOU will be on this site complaining and will I make sure to ask you "what did YOU do to cause YOUR problems".
Insensitive? Defensive? Your post was full of inconsistencies and holes. I merely pointed them out. Then you say "I don't mind filling-in the blanks for you..." but then you failed to do so. Your story still remains ambiguous at best.

I NEVER said "Delta would never BUMP a person holding a paid ticket so it must be you!" nor did I imply that. Just how you could infer that from my post I don't know. You posted that you fly 2X per month for business so you should probably know this, but in case not here's a lesson for you to learn from this experience.

When a flight is over-sold they first solicit volunteers to take a bump in exchange for vouchers. If they don't get volunteers they then involuntarily bump passengers and usually give them a choice of the same compensation or more than they were offerng the volunteers or the DOT mandated IDB (Involuntary Denied Boarding) compensation which is a cash payout based on the one-way value of the ticket. When they have to involuntarly deny boarding they go in inverse order of check-in so the last person to check-in for the flight is the first person pulled off. Since your husband chose not to check-in online or use a kiosk at the airport than he was almost certainly one of the last if not the last to check-in. And, there you have it.

As for me being an employee or "paid rep for Delta" I am not. I do fly Delta quite a bit. In fact second only to Continental in terms of actual miles flown and dollars spent. I have encountered my share of surly employees but far more have been very pleasant and a few have even gone above and beyond in certain circumstances. I think it's because I treat airline employees with the respect and dignity they deserve and realize that sometimes some people are just having a bad day. We all have those once in a while. If I find that I'm not getting anywhere with ay airline employee, which is rarely, I just say thank you and try to find someone else.

It is my belief that too many people approach airline employees with a sense of entitlement. Instead of demanding "What WILL you do for me!" try this once in a while. Say "I need help, please. What CAN you do for me?" You shift the dynamic from being a ****** off customer who is looking to vent on the first person he sees to approaching the employee as a problem solver and resource to acheive a satisfactory outcome. If the employee feels empowered and that you are seeking them to use their training and experience to help you they will usually go out of their way to do so.

So, Mae, tell us please. Why didn't you or your husband follow up when you did not receive a confirmation in a timely manner? Why did he not use web or kiosk check-in? You say I shift the blame but it is obvious that more could have been done on your and his part to recitfy this situation even before he left for the airport.

As for your company pulling it's business from Delta based on this one bad report I still say BULL****!

Have a nice day.
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Old May 10, 2009, 2:45 PM
donaldbane donaldbane is offline
 
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Last edited by donaldbane; May 10, 2009 at 2:49 PM.
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Old May 10, 2009, 2:47 PM
donaldbane donaldbane is offline
 
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