Small claims court time
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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