[reznmel]

Below is the letter that I wrote to Delta (Delta Response After letter) - PLEASE HELP:

I regret that I have to send this letter to you. My wife, Melissa, and I
have been exclusive Northwest/Delta customers for the nine years that we
have lived in the Detroit area, typically taking two to four flights a
year on average. Almost all of our experiences with your airline to date
have been uneventful. I am disappointed to write, however, that we
recently had a horrible experience. If this had simply been a vacation,
it would have been bad enough. But, because this was a flight to my
sister’s wedding in the Bahamas, it was terribly stressful and
upsetting. I must mention that this is not just a "normal" wedding. My
mom and dad both passed away at the ages of 62 and 63 in 2006 and 2008,
and my little sister only has 3 brothers that HAD to be at the wedding.
I should note that this flight to Lisa’s wedding in the Bahamas was
actually not the flight that Melissa and I paid for. We paid for a
non-stop flight that was cancelled several months after booking. We were
booked on this flight without any compensation; upsetting since I do not
enjoy flying (particularly take-off and landing) and strive to always
book flights with the fewest, zero if possible, connections.
After rebooking, our itinerary was:
Delta Flight 1295 March 31st Detroit Metro to Atlanta 9:00am
Delta Flight 375 March 31st Atlanta to Nassau 12:18pm
On March 31, 2010, we arrived at the airport at 7:15am. After boarding
the plane, we were told by the captain that our plane would be delayed
because a light in the cockpit would not go out. After approximately 45
minutes the captain announced to deboard the plane and that the flight
was cancelled. They sent all persons on our flight to Gate 43 to
negotiate our auto-rebooking.
As you might imagine, mayhem ensued at Gate 43. I stood in line to speak
to a gate agent while Melissa grabbed a courtesy phone line to speak
with a Delta representative. Melissa connected with an agent on the
phone, who rebooked us on American Airlines (Flight AA4953) to Miami
scheduled to leave Detroit at 2:30 with connection to Nassau scheduled
to arrive at 7:30 pm. As Melissa confirmed rebooking on the phone, a
Delta representative on the airport intercom announced that our original
Delta flight was NOT cancelled but delayed until 11am, that we should
all return to the original gate, and that she was very sorry for any
misinformation we "may" have received. Melissa and I were immediately
concerned that we would now arrive in the Bahamas on this new flight
later than if we had stayed on the delayed flight; we obviously wanted
to arrive as soon as we could to partake in pre-wedding festivities.
Melissa and I decided to reconnect with Delta at the phone bank to make
sure that the American rebooking was in our best interest. The Delta
representative on the phone, Carla, assured us that the American
Airlines rebooking was probably best because her data indicated that the
1295 flight would almost assuredly be cancelled, leaving us stranded
overnight in Detroit and causing us to miss my sister Lisa’s wedding.
The American flights are in a different terminal, which meant we had to
lug our stuff on a 5 minute shuttle bus ride and go through security a
second time. At the American gate, we spoke to a representative who
stated that she would work on getting us seats since our boarding passes
did not have seat assignments. At boarding, however, we were informed
that we would not be getting on the flight and that Delta should not
have booked us on this American flight. At this point our frustration
peaked.
We explained our situation to the American agent, and she stated that
Delta did not "confirm" us on the flight so this was a Delta problem NOT
an American problem. She and another agent looked up yet another flight
for us to take on Delta and recommended we return to the Delta gates
back at the other terminal to demand to get on that flight.
We again lugged our stuff on another 5 minute shuttle ride and then
proceeded to the Delta ticket counter, where we asked the agent (Safia
Adam) to speak to a manager. Safia called the on-duty supervisor
(Lawrence S.) over and explained our situation. Lawrence curtly stated
that our American fare type should have guaranteed our seats on the
American flight and that this was absolutely an American Airlines issue.
Both Lawrence and Safi were quite doubtful that they would be able to
book us on a flight since it was Spring Break week and our stomachs sank
to the floor. I was panicking at the thought of missing Lisa’s wedding
and was thoroughly exhausted. It was 4pm, and we had been at the
airport since 7:30am.
Fortunately, Safia was a wonderful Delta representative, doggedly
searching, typing, calling, and verifying for 3 hours until she found a
set of flights that would take us to the Bahamas during Spring Break
week.
Our final itinerary was:
Delta Flight 2403 March 31st Detroit Metro to Miami 8:15pm
Bahamas Air 222 April 1st Miami to Nassau 9:05am
We proceeded through security for a THIRD time and took the Miami flight
without incident, arriving at our hotel in Miami at 12:30am without any
luggage (which was in the Bahamas). We got 4 hours of sleep and returned
to Miami International Airport. Unfortunately, our Miami to Bahamas
flight was also delayed, but we arrived at our resort a mere three hours
before the wedding, having missed a night of wedding festivities and a
night of pre-paid stay at our all-inclusive resort.
The purpose of this letter is to notify you of the mismanagement of our
flight arrangements as well as to seek compensation for our wasted time,
our missed hotel stay, and the mental distress this event caused. In
sum:
•We were at Detroit Metro Airport (20 minutes from our home) for 13
hours
•We had to go through security 3 separate occasions
•We spent countless hours fighting to get on a flight when each airline
pointed fingers at the other
•We spent a lot more money at the airport (food) than what was received
in $14 of food vouchers. We spent approximately $150.00.
•We experience considerable anguish at the near miss of Lisa’s wedding.
•We had only 4 hours of sleep in Miami – our first night of a four night
"vacation"
•We were in no way compensated for cancellation of our original non-stop
flight
We are requesting the following compensation:
$915.46 (Reimbursement for flights to-from Bahamas) +
$372.89 (Missed day/night of resort stay for night of 3/31/10) +
$150 (Airport expenses incurred 3/31/10) +
$500 (Inconvenience, lost time, and mental distress)
$1,938.35 TOTAL

DELTA RESPONSE:
In conclusion, I was very concerned the way your reservation was
handled. Hence, I personally, reviewed your records and realized that
you have already received an Electronic Transportation Credit Voucher
(eTCV) in the amount of $200.00 for each passenger. While we would like
to offer special consideration in cases such as yours, we are unable to
honor the many requests that we receive from others in similar
situations. We follow a consistent policy to ensure that Delta is fair
to everyone who travels with us. Accordingly, we must respectfully
decline your request for a reimbursement of $1938.35. I am truly sorry
to disappoint you, as I am sure this is not the answer you expected.
Finally, I am forwarding your comments to the appropriate department to
be reviewed and for proper actions to be taken to ensure this never
happens again

WHAT ARE MY NEXT OPTIONS. WITH THE AMOUNT OF MONEY THAT WE LOST I FIND THIS TO BE UNACCEPTABLE.

[jimworcs]

I think if the flight was cancelled you may be entitled to more compensation that you have been offered. Delta are horrendous and I am shocked this is your first bad experience after flying with them for so long. You might try complaining to the DOT. There is a link in the quicklinks.

[Butch Cassidy Slept Here]

Don't use the voucher Delta sent---at least until you've decided to give-up in your quest for more compensation.

I don't know if asking for, almost, 2K in compensation is realistic. On the other hand I note that your arrival in Nassau was about 21 hours past the originally scheduled arrival time AND the reason for the delay was NOT weather, but rather "mechanical" reasons. Accordingly you may be within your rights in requesting a full refund of the price of the original ticket for each person travelling in your party. I don't know if your acceptance of the hotel accomodations in Miami (albeit 4 hours) amounts to a forfeiture of a claim to a refund. Also your itinerary was "international," rather than "domestic." Perhaps Judge might be able to provide some clarification.

[reznmel]

Thanks everyone to "Butch Cassidy Slept Here":
what do you mean "Perhaps Judge might be able to provide some clarification"?

[jimworcs]

Judge is a helpful ex airline employee who posts on here and is able to give inside details of how things work.. hopefully he will post in reply, although I think he may be travelling.

[The_Judge]

reznmel.........I have seen your situation a time or two in my life at the airline. If you would have walked up to me, I would have advised you also to take the AA flight but would have made sure it was confirmed. What happens sometimes with that is when it's booked, it will immediately show you HK (confirmed) but later, after AA receives the request, it could change to HL (waitlisted) if there are no seats on their flights. This sounds like what happened. Not really the fault of an agent but the system. I know it's no help but just some insight.

As far as reimbursement for your expenses, I truly think DL will not budge on giving you more. A $200 TCV per person is a joke as DL knows most times they go unused. Take Butch's advice and don't use it until this matter is resolved further. It's good for a year from the date of issue.

Your best bet is gonna be the DOT. Email them along with DL so each party knows the other is involved in the email chain. Again, I don't think the DOT is gonna be able to push DL into coughing up green cash instead of those useless TCV's but it's probably gonna be your best chance.

Last resort is small claims in your home state. A real judge might have had a bad airline experience and be sympathetic to your situation. Not saying they're not impartial but you never know.

I wish I could give you some good news but DL knows they are the biggest airline in the world and people will keep coming so they have no feelings for the little people. Good luck.

[reznmel]

Thank you Judge for your response. As you stated they have sent me a final notice stating they will not respond anymore. I have filled out the affidavit to take this to small claims court. My only concern is finding the proper address or contact information for the local Delta in Metro Detroit. I call the Delta Headquarters and they gave me a Metro Airport address but it is next to impossible to verify the address. Any suggestions on that?

[Butch Cassidy Slept Here]

Some states require, as a prerequisite to filing a Small Claims action, that you send the prospective defendant a “demand letter.” Such a letter would be addressed to Delta, at the address shown below, and would briefly state what you want, any why. Such as: “You caused me to sustain losses in the following amounts as a result of out-of-pocket payments to the parties listed.” “I must receive a check, from you, in this amount within 45 days or I will file suit to recover said sum.” Your “demand letter” should be sent by certified mail, return receipt requested. After the deadline for payment has passed, you may file your suit.

The court complaint should be entitled:

(your name), a resident of the State of Michigan,

vs.

DELTA AIR LINES, INC., a Delaware corporation

In Michigan, the address for “legal service” upon Delta Air is:

DELTA AIR LINES, INC.
c/o CSC Lawyers Incorporating Service (Company)
601 Abbot Road
East Lansing, Michigan 48823-3366

East Lansing is in INGHAM COUNTY. However, the 55th District Court does NOT serve East Lansing, or Lansing even though both cities are within Ingham County.

If Delta wants to bust your chops, under Michigan law, they can request the Small Claims magistrate to “remove” the case to District Court. Once in District Court, Delta can then be represented by an attorney and demand a jury trial. However, if the case stays in Small Claims court Michigan law provides that Delta has waived their right to be represented by an attorney.

I’m not sure if you would need to travel to, and file in, the East Lansing area, rather than in Wayne County (Detroit.) The Michigan guidelines for small claims appear to indicate the location for the court appearance as where the DEFENDANT (you would be the “plaintiff) “resides” or is “established.” To appear in Wayne County, you would need to establish, to the satisfaction of the Small Claims magistrate, that the “cause of action arose” in Wayne County. True, the original event---the mechanical problem on the plane—happened in Romulus, Wayne County (Detroit Airport.) Otherwise you will need to travel to the East Lansing area.

Try to document your case, as best as you can, with receipts, credit card bills, copies of e-mails, and notations of conversations, with names where possible. Phone conversations can, to a limited degree, be documented with a copy of a long distance billing entry.

Even if Delta gets the case transferred to District Court where, unless you spend-out for an attorney, you’ll lose, at least you will have forced Delta to take some more time out of their day.

The source for the address shown above is at:

http://www.dleg.state.mi.us/bcs_corp...20LINES,%20INC.

Information about the Michigan small claims process is at:

http://www.ingham.org/DC/OLD/Small_Claims.htm

GOOD LUCK!!

[reznmel]

Thanks Butch!!
I am still struggling with the address and phone number that is necessary to file the paperwork. I called Delta headquarters and requested the Delta Detroit Address and they gave me this crazy address located somewhere in the airport. This address that you give, how do we know that is accurate? I pulled up the web link you have posted but it still seems weird i guess. Is this where all of Delta's lawyers sit? I am just trying to make sure that when we file that it is correct and ready to go.

Thanks again, all of the information provided has been great!!

[Butch Cassidy Slept Here]

Any company doing business in Michigan, or any other state, must provide the state authorities with an address to which legal process (court complaints) can be delivered. Providing a bogus address would be a very serious offense and might be grounds for denying Delta the right to do business in Michigan. I think the East Lansing address is legitimate. When the East Lansing street address is typed into the Postal Service "zip code" locator site, a zip code is provided. A zip code is not provided for a vacant lot.

Delta's lawyers are NOT at the East Lansing address. Their lawyers are in Atlanta. The East Lansing address is, essentially, a "mail drop." Notices of lawsuits being instituted against Delta, in Michigan, are probably forwarded to Atlanta.

If, by some chance, no one from Delta shows-up in court you will have won your case by default. If you win, and Delta refuses to pay, you may need to get an order for "Execution of Judgment" from the magistrate; give the "Execution" to the Wayne County Sheriff, and ask the Sheriff to seize cash and other property belonging to Delta at Detroit Airport.

[Butch Cassidy Slept Here]

At the risk of stating the obvious, I would NOT try having your complaint delivered to any address at DetroitAirport. The Small Claims magistrate could, possibly, throw-out your case on the basis that Delta had not been properly served. The address in East Lansing, InghamCounty appears to be the correct address.

If travel to the East Lansing area is possible, I would plan on having the court appearance there, rather than in WayneCounty. To appear in the East Lansing area you need only prove that East Lansing is Delta's legal service address. You'll have that proof through a website print-out and a certified mail return receipt from your "Demand Letter." Proving the geographic location of the "cause of action" (thus allowing an appearance in WayneCounty) is harder. In East Lansing you need only establish, to the satisfaction of the magistrate, that Delta is responsible for your losses.

[reznmel]

Thanks again Butch.

I am sending out the demand letter tomorrow to the lansing addressed, certified mail with return receipt request. They will have until June 4th to reply. I will keep you updated. Thanks again!

[reznmel]

Thanks to everyone who helped in this. We ended up sending them the certified demand letter. they sent us a letter stating again that there was nothing they could do. So we took them to small claims. after waiting and waiting for our court case got a call from them the friday before the case. They wanted to settle!!!!

We WON!!!! We settled for e-tickets which are much better than vouchers. Basically paid for our trip that sucked.

Thank you all so much for you help!

[jimworcs]

This is a clear lesson. If you have a legitimate claim pursue them. They are arrogant and hostile and need to be challenged. Thanks for letting us know.