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Delayed three days, Delta offers passenger ‘absurd’ compensation

September 27, 2007

Delta is one of only a few airlines that is trying to shed its image of a couldn’t-care-less legacy carrier. But from time to time, it reminds us of the old Delta, which couldn’t care less about its customers. This usually happens when it doesn’t bother to carefully review a passenger grievance. How else to explain its recent attempt to placate a passenger delayed three days at New York’s LaGuardia Airport with a $100 voucher?

Earlier this summer, Leigh Phillips and her son were flying from Istanbul to Birmingham, Ala., via New York. Their final destination was San Diego, but they wanted to spend a few days with their 88-year-old aunt in Birmingham. Here’s how they ended up missing most of that visit:

First, their connecting flight from JFK to Atlanta was delayed because of a lack of crew. Their 6:50 p.m. flight was canceled around 11 p.m., and Phillips and her son were told they would have to fly out of LaGuardia the following day. How to get to LaGuardia? “We were told to find our own way there,” she says.

At around 2 a.m., the passengers arrived at LaGuardia and instructed to get back in line at 4:10 a.m. to see if there were any open flights. “We asked and begged to be re-routed to anywhere just to finally get to my destination,” she says. Sorry, a Delta representative told them. The next flight leaves at 10 p.m. Exhausted, Phillips and her son found a hotel room and slept a few hours.

At this point, you might be wonder if things can get any worse. Yes, they can.

Phillips’ 10 p.m. flight was canceled. Finally, she persuaded a ticket agent to rebook her and her son on a flight through Atlanta, and the next day — three days after arriving in the United States — they arrived in Birmingham. They could have driven there in less time.

Phillips wrote a brief, polite letter to Delta asking for compensation for the ordeal after reading my recommendations for filing a successful grievance. Delta’s response was to send her a $100 voucher. Why so little? The airline argued that several of the delays she experienced were weather-related, and that its contract of carriage doesn’t cover an “Act of God.”

That’s certainly true, but the response doesn’t take into account the fact that Phillips’ initial delay and cancellation was caused by a crew problem, for which passengers are indeed entitled to compensation. The way I see it, Delta should have paid for a hotel and put these passengers on the next flight to Birmingham — even if it wasn’t on Delta.

Delta’s Rule 240 — yes, it has a Rule 240 — is pretty clear about what should have happened. In the event of a schedule change “within Delta’s control” …

Delta will transport you to your destination on our next flight on which seats are available in the class of service you originally purchased. At our sole discretion, we may arrange for your travel on another carrier or via ground transportation … we will offer a voucher for meal service to each ticketed passenger … we will provide you with a voucher for one night’s lodging when the delay is during the period of 10:00 pm to 6:00 am. Delta will provide free public ground transportation to the hotel if the hotel does not offer such service.

“It’s absurd,” says Phillips of the compensation. “I did everything that your Web site and others suggested. I sent my complaint via registered/certified mail. I followed up five weeks later with an e-mail. Finally, I called. Now I feel even felt more insulted than before.”

Delta’s compensation values Phillips’ time at about $1.38 an hour. I think it can do better.

Update: Apparently not. Here’s Delta’s response to Phillips’ appeal, received today (10/9).

Dear Ms. Phillips

Thank you for your follow-up response of October 2, 2007 regarding your travel on June 28, 2007. Our records show that flights were delayed due to unfavorable weather conditions.

We are unable to offer any further compensation.

Thank you again for your continued response. We look forward to serving you in the future.

Sincerely,

Dorothy W. Sellers
Executive Assistant

Christopher Elliott is the author of Scammed: How to Save Your Money and Find Better Service in a World of Schemes, Swindles, and Shady Deals. Critics have called it “eye-opening” and “inspiring” — it’ll “grab your attention and won’t let go.” Order your copy now on Amazon, Barnes & Noble or iTunes.

12 comments

  • Joe F.

    This type of event arises from one of two reasons. Intent and a failure to train. I think it is both – and actionable under most state laws.

    The failure to train is when DAL does not train its gate agents in its’ obligations to its’ customers [ok, you are not a customer, but a problem at this point, we all know that]. The gate agents ARE trained to tell you that you are now a standby customer even if the cancellation was DAL’s fault, through poor scheduling, not having reserve crew, or for any other reason. However, under the contract of carriage and the bumping rules, they DO have a liability and a RESPONSIBILTY. Yet, they never tell you about it. Ever consider under this fact pattern, i.e., ANY canceled flight for a non weather or maintenance related reason that technically you were denied boarding? Yep – try that one out some time.

    Next, this ‘lack of training’ is systemic however. It rises to the level of an intentional effort to not provide customers the benefits that the contract bestows onto them. It is a breach of he covenant of good faith and fair dealing, which entitles you to damages – general damages – arising from the conduct of the airline intentionally not following its contract in ways which benefit it alone. What are three days spent aimlessly wandering around LGA worth? What about the lost night of sleep the first night -the lost days of vacation. $10,000? $100,000?

    A jury can award PUNITIVE damages for this type of conduct – and what do YOU think a jury would do to a plane load of people ignored for hours, shuffled off to another airport at their expense, provided no food, no lodging or even compassion? It would only take a few large judgements to STOP the airlines from acting this way and informing the average traveler that they have rights OUTSIDE the contract for the truly egregious violations that happen every day.

  • Chicky

    These airlines are counting on people NOT arguing with them, NOT reading their own contract of carriage to them, NOT disputing their absurd “weather-related” excuses. They are banking on the fact that most people will just sigh, pick up their suitcases and schlep like little lemmings from one gate to another, one airport to another, all in hopes of being put on that elusive flight. They may write an outraged letter to the editor when they get back, but that doesn’t cost the airlines a dime.

    Class action suits are hard to file, but anyone can file a claim in small claims court, and even if they just end up with some cash, the airline STILL has to DEAL with the case! They have to call their high-priced attorneys, get legal advice, may try to settle out of court, and the plaintiff may even win by default since the odds are the airline lawyer won’t even show up to court. But they have to DEAL with the aggravation.

    A few nice large settlements against the airlines would be most entertaining, but I posted elsewhere about fleas on a horse. One flea isn’t a problem. A million fleas constitute a problem.

    If Mr. Phillips and everyone like him who has a legitimate gripe against the airlines would start filing small claims suits, they could make life in the CEOs’ offices pretty miserable. Imagine: 100 small claims petitions crossing their desks every day, and they ALL have to be DEALT with! They’d be screaming “Uncle!” inside of a month. The legal department would be demanding change, and the outlay in legal fees would hit airlines in their only vulnerable spot–the pocketbook.

  • Mike

    I recently had a situation with Horizon Airlines trying to fly from Medford (MFR) to Vancouver (YVR) on a Sunday evening. Unfortunately, my schedule required me to take the last flight from MFR to Portland (PDX) and continue from PDX to YVR.

    The flight from MFR to PDX was delayed due to a late arriving aircraft. We were told there was an equipment swap and were directed to leave security and report to the small ticket counter for rebooking connections.

    The agents at MFR basically wanted me stay overnight and take a 5 am flight that would require connections in both PDX and Seattle to get to Vancouver. The arrival would force me to miss a morning meeting.

    I refused this and asked to go Portland to overnight there. There were seats available on flights that would get me to Vancouver at 8:45 am. The agent refused to pay for a hotel in Portland because it was “my choice” to take this routing. They would pay for a hotel in Medford only.

    I refused and took the Portland flight and a voucher for a ‘distressed traveler rate’ at some Portland airport hotel.

    As things turned out, when I arrived in Portland I found a very helpful agent who got me rebooked to Seattle, connecting on to Vancouver that night. This allowed me to make it to my morning meeting with no problem. In fact the plane I had taken from MFR to PDX was continuing to SEA as another flight number so I had the same flight crew! Had I stayed in Medford, I would have missed everything. My bag did not make it, but they had already figured it out and had the paperwork mostly filled out when I arrived so I did not have to stand at the carousel waiting for a bag that was not arriving.

    The situation in MFR upset me, but I don’t want a voucher or some frequent flier miles in my account. I simply want the agents to show some flexibility when things go wrong. It was as if I understood my options better than they did. I don’t understand why I would have been entitled to a hotel if I stay in one city but not another.

  • M Hoop

    A few years ago I was trying to get a visiting relative back to London, via Newark.
    We had to make 5 hour round trip to charlotte (NC) airport on three successive days to get her off, because of thunderstorms in newark that shut down the airport the first two days. The second day the agent at least helped get her on an early morning flight to Newark on the third day.
    This was US Airways.
    Compensation? You are joking, right?

  • W

    $100 is being generous! I was in the same situation of what I presumed the same weekend but on a Northwest flight from LGA to SAN. My flight was cancelled because of mechanical reasons. Rebook of other flights were not possible due to high pilot absenteeism and “weather” (no more than 3 fluffy cute looking clouds above LGA). I was stuck for 3 days. The ground staff refused to give out what NWA calls Service Recovery Package, for meals, hotel and etc, because I quote “we had so many cancellations, we ran out of them”. When I pushed the issue, it was told even if the plane didn’t have a mechanical issue and arrives to LGA, it wouldn’t be able to leave because of “weather”, so no compensation. I wrote to NWA the same way suggested here, I did not receive reimbursement for the close to $500 hotels I paid but received a $25 eCoupon for the next flight! Why the heck are you guys complaining about getting $100?!?!?!?! Bottomline, CoC doesn’t mean much these days unless you are willing to spend the time to take the airline to court. NWA has outsourced customer service, staffed by low-paying low-caring people who just enjoy saying “no” to customers. Every delay, regardless the reason, will be rebranded as weather becasue the plane will travel through cities in its route that had a 3 clouds in the sky!

  • Eric White

    How will I do in Court?

    Docket # 2007 28 SC 0527
    Eric S. White )
    Vs )
    US Airways )

    It was common knowledge that flight delays and cancellations would increase during the summer of 2007. I took this in to consideration when making my business/vacation plan for this past June. What I didn’t know was US Airways’ dismal performance record in meeting their customer service obligations, particularly at their Philadelphia hub. My experience US Airways easily matches many other anecdotes of travelers’ nightmares documented in newspapers and on the evening network news this past summer. During the same time frame inadequate customer service, US Airways had the largest Industry profit margin during the second quarter of 2007. I can only conclude that corporate profits took precedence over their advertised Customer First policy.

    Philadelphia Airport Log:

    The attached timeline outlines my experience beginning on the afternoon of June 28th at the US Airways section of Philadelphia International Terminal awaiting flight #710 to Zurich, Switzerland.

    1) My airport odyssey began short after boarding Flight #710 in Philadelphia en route from Chicago to Zurich. After being on the tarmac for over an hour dealing with a mechanical problem with the air conditioning in the aircraft I had boarded, the pilot returned to Gate 26A to repair the problem. This never happened. Later in the evening Flight #710 was canceled altogether without a backup plan.
    2) This cancellation left 284 passengers stranded in the late evening and resulted for me, in a two day wait before departing Philadelphia for Zurich. During the next 24 hours, I witnessed the unraveling of travel plans for 284 people is spite of the best efforts of three gate agents who did not have the resources and corporate back-up to rebook these travelers in a timely or efficient manner.
    3) After pulling an ‘all-nighter’ with minimal rest while sleeping on the airport floor I was given assurance by US Airways that my wait would end the next evening, June 29th with confirmed passage on an Air France flight to Zurich.
    4) Of the 52 hours in Philadelphia, I spent approximately 8 to 10 hours standing in various rebooking lines and a couple of hours ‘on hold’ with various 800 numbers l trying to rebook a flight to Zurich.

    The following facts each represents a failure of US Airways to meet their written obligation:
    Customers First
    Customer service has always been a priority at US Airways, and we are committed to making every flight count for our valued customers.
    Our Promise to You
    The safety and satisfaction of our customers is a top priority for our airline. Customers First is the result of a joint effort of the airline industry, the US Congress, and the US Department of Transportation to address the key service elements that affect our customers.

    I – Customer Service Plan

    1) “Each airline will notify customers…of the best available information.” It was quite clear that the gate agents themselves didn’t have the computer and telephone resources to rebook this cancelled flight. The agents themselves were put on long hold times when using the telephone; their computer resources were also limited. This does not constitute best available information.
    2) “will implement policies for accommodating passengers overnight” No overnight accommodation was made. We were told “you’re on your own!” US Airways clearly stated over the public address system that they would NOT provide or assist with overnight accommodations.
    3) The so called “dedicated toll free line” provide to passengers on flight #710 was a non-working 800 number!
    4) “US Airways will provide one night’s lodging.” According to US Airways no hotels rooms were available and no effort was made to book a room.
    5) “US Airways will do everything possible to reaccommodate customers on the next US Airways flight available.” A three day wait for an en route passenger as the earliest rebooking available is unreasonable. The agents at the gate were having almost as much trouble as the passengers on the phone. The Special Services Desk was overwhelmed not only by our flight, but several other flights as well. Waiting lines were in the range of hours, not minutes.
    6) When the cancellation is due to circumstances within our control, US Airways will pay for: Hotel room…Meal(s)…ground transportation. The denied Envoy Club voucher and my requirement to pay $50 up front was demeaning and the $10 voucher to eat at McDonald’s was inadequate for my two day delay. The itemized $145.95 out of pocket expenses includes only ‘in house’ vendors at the Philadelphia Airport and not my second day’s out of pocket costs for meals and good will on the part of my brother, who rescued me from a second night’s stay on floor at the airport.

    II – Terms of Transportation:

    1) Rebooking policy on page 15. US attempted to satisfy their rebooking policy by placing me on an Air France flight the next day. In spite of repeated assures both by US Airways and by Air France that I was confirmed on their June 29th evening flight to Europe, at the time of boarding, I was summarily dismissed from any consideration for a seat on that flight. By this time, 7 PM, it was clear there was no hope of leaving Philadelphia to Europe on US Airways until another day had passed. Rather than providing me with one of their overbooked seats on the 29th, US Airways caused another 24 hour delay by shuffling me to Air France. They knew or should have known that this maneuver wouldn’t work
    2) Food voucher – page 15. “meal(s) –vouchers will be provided based on the time of day. A $10 voucher for the McDonald’s concession near Gate 26A does not for fill this obligation for the evening – to say nothing regarding the next two days.
    3) Free air transportation as compensation for travel. While I observed US Airways provide this option on at least 3 occasions to others, I was not offered this option.

    III – Reimbursement:

    1) A request for reimburse for out of pocket expenses was totally ignored in my two written requests. Most distressing was my $50 entry fee to US Airways Envoy Club in the International Wing of the Philadelphia Airport after I had been assured by the gate agent that I would be allowed to use that facility at no charge for my wait on June 29th for Air France’s flight to Europe.
    2) The remaining incidental charges for food and communication expenses amounting to $95.95 were ignored as well.

    Summary:

    The above documentation is a res ipsa loquitur that represents a breech of covenant by US Airways in their commitment to their passengers. This factual log is supported by general media information regarding US Airways performance as documented below; US Airways performance in Philadelphia is one of the worst in the industry. My experience mirrors what the media has stated:

    1) Philadelphia Airport has one of the poorest ratings in the industry, particularly
    2) their performance on international flights to Europe which is dismal.
    3) As represented in a recent Consumer Reports survey, US Airways performance is at the bottom in spite of
    4) Written commitments of their CEO, Douglas W. Parker

    US Airways clearly knew (not should have known) that as a matter of policy their airline was significantly overbooked for the tourist season of 2007. They choose corporate profits over customer service and did not fulfill their promise or contact to reimburse, provide lodging and rebook my flight in a reasonable timeframe. This resulted in my having to reschedule a flight to Zurich later this year.

    Resolution:

    The most expedient and least expensive manner to resolve the matter would have been for US Airways to honor my written requests on July 13th and August 6th by issuing me a space available round trip ticket to Zurich Switzerland so I can complete my business trip. While they didn’t do this for me, I witnessed at least three separate instances at the Philadelphia airport when US Airways offered “a round trip ticket anywhere US Airways flies” to passengers willing to give us their seats due to scheduled over bookings. Waits for the involuntary ‘bumpings’ were in the range of several hours, not in the range of several days which was offered to me after cancellation of my flight.

    The Plaintiff requests that the Court directs US Airways to issue him a space available, business class, round trip ticket from Albany to Zurich as reasonable compensation for his Philadelphia ordeal and missed business meeting in Zurich in June 2007.

    Respectfully Submitted,

    Eric S. White

  • Rick Lehmkuhl

    HA HA
    You think DAL is bad now…just wait till they merge with NWA !
    (it’s coming)

  • Chicky

    Well Eric, if I were a judge, you wouldn’t have any problems getting your ticket from ME. Except, I’d tell US Airways to give you the cash equivalent so you could travel on another airline.

    Honestly, I think any reasonable judge would think you had a legitimate gripe and would definitely make sure you were compensated fairly. But that’s just me…

  • DaCounselor

    I’m just coming off my own Delta hell trip. First leg SAN to JFK, diverted to Hartford as we were running out of fuel circling JFK which was backed up due to landing traffic. 2 hours on the ground in Hartford refueling and addressing a newfound mechanical problem. Tension increasing by the minute as many on board (incuding me) were in the process of missing international connections. A young Italian girl headed for Rome was in tears. Two German fellas were very upset.

    We finally touchdown at JFK 3.5 hours late, our connection to Athens blown. Delta customer service(?) non-existent. Stood in a 1 hour line to confirm re-booking for the next day. Delta gave us $7 meal vouchers that came nowhere close to covering dinner. We were quoted a 4 hour wait time for our bags to be retrieved, or we could head straight to the beautiful Ramada for a comped stay. Decided not to wait 4 hours. Total time to walk to tram, catch Ramada shuttle (fight to get on board with 50 other stranded pasengers – like the last helicopter leaving Saigon) and get to the Ramada – another hour. Stood in line for 1.5 hours to check in while the line behind us grew to several hundred other passengers, many who we learned couldn’t get a room. Had to buy toiletries at the Ramada ($8 for deodorant, etc)

    We did get out the next day to Athens, but we were not given seats together. Very nice for a 10 hour flight. We had already blown our connection the previous day from Athens to Santorini – non-refundable/transeferrable on Aegean Air – and had to re-book ($400) and still had to pay our lost night for Santorini hotel ($150). Not to mention losing a full day of vacation. Not happy.

    Of course on the return, Athens to ATL, we started out with Greek medical personnel wheeling a clearly very ill woman onto the plane. Sure enough, while somewhere over Newfoundland, the pilot’s call “is the there a doctor in the house”…certainly you know what happens next – we land in Newfoundland to disembark the poor woman who should have never been allowed on board in the first place. Now we have all sorts of issues with Canadian air travel rules. 3 hours later we are back in the air. Of course, we arrive in ATL over 3.5 hours late, blown connection to SAN, another overnighter on Delta, and a lost day of work.

    The total tally – 2 diversions, 36 hours of delays, $600 in out of pocket expenses, a complete loss of a day of vacation and a loss of workday on the back end. Frustration = priceless.

    I am pursuing reimbursement with Delta. If I’m denied, it’s smalls claims. I believe I will ultimately be reimbursed.

  • Danielle Ford

    I wish someone would start a class action suit against Delta.

    If anyone does, please contact me, they managed to bungle, in every possible detail, both my to and from trips June 14 and July 13, 2010.

  • bob

    I wish too! Had a 18hour delay for my flight in Asia, we all slept at the boarding gate and only got a voucher ticket as a compensation. Definitely the worst company i ever took!

  • Ross

    Here is the deal folks. As mentioned above airlines will try to offer you as little as possible to make you go away. Most people think they have no rights, and buy the airlines statement hook line and sinker.

    Statements like:

    “Weather related events are out of our control thus we are not liable to compensate”

    “Mechanical failures happen, and we put you on the next flight, therefore we are not liable to compensate”

    The fact is THEY ARE LIABLE. It might be their policy to screw the customer however you always have the option of suing them in small claims court.

    An airline is a business just like any other. You are paying for a product or service and there are expectations of fulfillment. Failure to fulfill those expectations render the airline liable for damages. Unlike buying a tshirt at a store and returning it because it’s too big, airlines are in a different situation. Their actions/inaction’s can cause great harm and distress to people. It’s not the customers fault if their airplanes experience mechanical failures, or if there is weather. That is the cost of doing business.

    people need to preserve their rights and sue when events as described in the story occur. If people continually lay down and do nothing it gives the airlines no incentive to change.

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