Cancelled Flight Compensation Rules?

Poly Pal

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Apr 9, 2001
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I was flying home to Hartford yesterday and my connection in Cincinnatti was cancelled by Delta due to mechanical problems. I was stranded at the airport for over 4 hours and missed an afternoon appointment in Hartford.

I finally did get to Hartford 4.5 hours later than originally scheduled.

My only "compensation" from Delta was a $6.00 meal voucher (ever try to buy a meal in the airport for $6.00? Not even McDonalds "fit the bill!")

Aren't there rules for compensation if the carrier cannot get you to your destination within 2 hours and 4 hours. This was for mechanical problems not weather. (Or am I just confusing this with denied boarding compensaton?) Rule 56 seems to stick in my mind.

It is too bad. I am a loyal Delta flyer and even Medallion, but there service of late has left me disappointed.

So are there any airline experts out there?
 
What type of compensation will I receive if my flight is delayed or cancelled?

You may think a delayed or cancelled flight will get you complimentary meals and a free hotel stay, but that’s not always true. However, you can take some actions to make sure you are given all the assistance and compensation you are due.

Being nice and working with the agent will often bring much better results than losing your temper. You can let them know you are upset without turning your anger toward them.

You might have to rely on your negotiation skills to cover some expenses caused by the flight’s delay or cancellation. This is where being professional can help.

Ask to be protected under the Airline’s "Rule 240", so you are given all the consideration you are legally due. "Rule 240" refers to the Airline’s own written rules in the ticket’s conditions or contract of carriage for dealing with missed connections, delayed and cancelled flights. "Rule 240" specifically spells out what action they must take to help you continue your trip and what compensation you are due, if any.

The U.S. Department of Transportation mandates that a copy of this contract must be made available to passengers at the Airline’s ticket counter. Many Airlines also provide this information on their web sites so print it off and take it with you.

Some Airline employees will try to tell you to that they no longer use "Rule 240", but no matter what they call this section of their contract, they still have to honor their written guidelines in their contract of carriage. These guidelines are part of the legal contract that deals with you. Both you and the Airline agreed upon these terms when they sold and you purchased their ticket. The Airline cannot choose to disregard part of a legal contract and enforce a different policy.

Most Airlines will first try to reschedule your flight or offer you coupons good toward future flights. However, many, although not all, Airline’s "Rule 240" state that, if you so choose, you are entitled to an involuntary refund for any unused portion of your ticket if you decide not to travel on the rescheduled flight, even if you purchased a nonrefundable ticket.

It’s always a good idea to pay for your plane ticket with a credit card. It usually makes it easier and quicker for you to get your refund and, if the Airline gives you hard time about refunding your unused ticket, you can ask your credit card company about the possibility of a charge back.

If the Airline requires you to mail in your unused ticket before they will issue a refund, be sure to make a copy of your ticket before you put it in the mail.

"Rule 240" also specifies what, if any other compensation you are due because of the flight’s delay or cancellation.

The compensation due will usually vary depending on the reason for the flight’s delay or cancellation. Compensation for delay will also vary depending on the amount of time that you were delayed.

If the delay or cancellation is caused by issues beyond the control of the Airline, often referred to in a "Force Majeure" clause, any compensation you are due may be limited or eliminated. "Force Majeure" is a big catchall phrase that identifies many possible situations whether actual or threatened that cannot be foreseen by the Airlines and/or are beyond the control of the Airline. Many situations can qualify under "Force Majeure", but some that are often listed include, the weather, acts of God, government regulation, terrorism, wars, hostilities, security and safety concerns, strikes, work slowdowns, labor-related disputes, shortage of labor or fuel.

Depending on your particular circumstances, you may be entitled to compensation for an overnight stay in a hotel, meals, phone calls or other transportation costs. However, there are limits and restrictions on all these forms of compensations. Many Airlines will not pay for an overnight hotel stay at the origin point or destination of your flight and many even deny paying for a stay if your flight is stopped at an airport near your home’s main airport.

If you are late checking in, you may have waived your right to any compensation you are due, including your right to an involuntary refund.

Keep all receipts for expenses caused by your delay or flight cancellation. No matter what their rules say, you can always make an appeal to the Airline’s customer service department and you’ll want the receipts to back you up. Send your Airline copies of the receipts and keep the original receipts.

Even though, your Airline may not be required to give compensation, they still may provide you with something to keep you a happy customer.
 
I suggest visiting the Delta forum on www.flyertalk.com They will be able to give you lots of great information. I am sure they will provide you with all the details you need to deal with Delta.
 

What the OP experienced appears to be what Delta refers to as a "Schedule Irregularity." Their contract rules on this state:

C) Schedule Irregularity
When a passenger will be delayed because of a schedule irregularity or a carrier cancels the passenger's reservation pursuant to Rule 135 (cancellation of reservations)

1) Any carrier causing such delay or in the case of a misconnection the original receiving carrier(s) will transport the passenger without stopover on its (their) next flight on which space is available in the same class of service as the passenger's original outbound flight at no additional cost to the passenger; if space is available on a flight(s) of a different class of service, acceptable to the passenger, such flight(s) will be used without stopover at no additional cost to the passenger only if it (they) will provide an earlier arrival at the passenger's destination, next stopover point or transfer point, or

2) If the carrier causing such delay, or in the case of misconnection, the original receiving carrier(s), is unable to provide onward transportation scheduled to arrive at the passenger's final destination within two hours of the passenger's original arrival time, any other carrier or combination of connecting carriers, at the request of the passenger will transport the passenger without stopover on its (their) next flight(s) the same class of service comparable or lower to the fare paid as the passenger's original outbound flight or if space is available on a flight(s) in a lower class of service, acceptable to the passenger, such flight(s) will be used without stopover at no additional cost to the passenger only if it (they) will provide an earlier arrival at the passenger's destination, next stopover point or transfer point, or

EXCEPTION 1: Delta shall have no obligation to accept another carrier's ticket which does not reflect a confirmed reservation on Delta, unless the issuing carrier reissues the ticket for any changes in routing. In the event such carrier is not available to do so, Delta reserves the right to reroute passengers only over its own lines between the points named on the original ticket.

EXCEPTION 2:
I) Passengers holding flight coupons for free transportation will not be transported on Delta flights. This provision is not applicable to tickets issued by a travel agent on behalf of a defaulting carrier and accepted by Delta pursuant to agreement CAB 270L0 (DEFAULT PROTECTION PLAN) and Rule 240 F).

II) Delta reserves the right to accept tickets under this rule issued at fares other than the full adult one-way first class (F/F06), coach (Y, Y06), fare for transportation on Delta flights only if space is available at the time of departure of such flights.

III) Delta will not accept tickets under this rule issued by another carrier which, as of the time such ticket is offered to Delta for acceptance, no longer has a valid interline agreement with Delta.

EXCEPTION 3: Passengers holding tickets for another carrier will be accepted on Delta first class service upon payment of additional fare to the level of Delta's applicable one-way First Class fare.

EXCEPTION 4: Schedule irregularity does not include force majeure events as defined in paragraph G).

3) The carrier causing the schedule irregularity will refund in accordance with Rule 260 (Involuntary Refunds).

As far as compensation, if you are coach or business class, the only thing Delta's contract offers is one 3-minute station-to-station call within the continental U.S. No meals.
 
When we flew on Delta in May, we had to land in LaGuardia on the way to Albany due to a problem with a generator. It took about an hour to be fixed and we we flew on the same plane to Albany.

Much to our surprise, we received $75.00 vouchers from Delta to compensate us for the inconvenience. These arrived a few weeks later. We never said one word about the delay while it was taking place.

What's interesting about this is that only 4 of the 6 of us who flew together got them. The two who didn't get them aren't in Delta's Frequent Flyer program. We're assuming that's why they didn't get anything.
 
Similar experience in October. Mechanical problems with the aircraft and we were reassigned to different flights. They had us boarding at the time we were getting reticketed. We had to RUN to the gate. That made take off delayed so our next flight we had to RUN to again so we wouldn't miss our connection. We had a 6 year old DD trying to run through both airports as well.

When I got home the next day I went to Delta's web sight. Contacted them via email. Gave them our FF numbers the flights, times, etc. Explained our inconvienence of running through airports, etc. We received 3 $75 travel vouchers in the mail (one for each of us). We used them towards our flight that we booked for our August trip. Made our $228 tickets $153 each. It is like our Daughter is flying for free!

Email them and let them know about your missed meeting, etc. If you are a Medallion member Delta should be VERY willing to keep you happy!
 
Thanks for all the info and advice. I will e-mail Delta and report back with their response.
 
Normally there is no required compensation for arriving late, except if you were bumped.

If you want or need to get compensation or refunds under Rule 240, it is agood idea to print that out in advance. It is not a good idea to come right out and say to the gate agent "Rule 240 says..." unless theagent asks "what rule?" Almost every airline has its own version of a rule that it calls Rule 240.

If the outgoing flight is so late that the meeting or appointment that is the sole purpose of your trip is missed, don't take the flight but instead, if applicable, ask to be flown direclty back home. Then ask for a complete refund. This is referred to as a "futile flight" or "flight in vain".

Travel tips:
http://members.aol.com/ajaynejr/travel.htm
 
Keep in mind that this "Rule 240" stuff (regardless of what each airline calls it today) applies only to the major airlines. Every airline has their own rules dealing with schedule irregularities, but only the majors have inter-line agreements whereby they agree to accommodate each other's passengers when there are endorsed schedule irregularities. So while you have the legal right, under the Contract of Carriage, to force Delta to put you on a Continental flight, under certain circumstances, you have no such right with respect to Southwest, for example.

The basic right, though, with respect to flight arrangements, is that the airline agrees to get you to your destination on the day promised, not at any specific time. Furthermore, they always limit their liability, typically to refunding the fare. They never agree to take responsibility for any losses you may incur from a schedule irregularity. Most of the compensation they offer is strictly motivated by public relations and to aid customer satisfaction, rather than being a reflection of any obligation on their part. There is a whole market for travel insurance that exists to underwrite losses you may incur from a schedule irregularity (for an additional fee, of course).
 
UPDATE:

I got a very nice e-mail back from Delta today. They said they were sorry for my inconvenience and that safety is their top priority. Delta was disappointed that the attitude of the Cincinnatti gate crew and condition of the aircraft was not to their standards (seat recline broken, window fogged over, seatback pocket fabric ripped)

They offered a $75 voucher as a goodwill gesture. Very nice of them in my book.
 
Glad to hear they are giving you the travel voucher. I figure at least it is a little something. Seems you fly with Delta a lot and I am sure the voucher will be used!

I hope the outcome is to your satisfaction.
 
Wow! We only got $50 vouchers when they got us home 24 hours late. It doesn't matter, because after 2 days of sitting in airports, I will never fly Delta again.
 
Until your requisite bad experience with United, or Continental, etc. :)
 


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