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Old Jan 17, 2011, 12:51 AM
jimworcs jimworcs is offline
 
Join Date: Jan 2008
Location: Lot et Garonne, France
Posts: 3,197
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OK.. don't give up..this is what they rely on:

First, I would consider a small claims court claim in the US. You need to find an address in your state who receive the claims. I think you will find the court helpful in helping you complete the process. Delta have acknowledged their negligence. The question is whether they are liable for your consequential damages. I believe they are, and they have no legal defence. They will settle this before it comes to court, but you should pursue this and not allow them to get away with it. Most people can't be bothered.. and that is why they do it.

Second, if that proves too difficult in your state, you can try to file a claim in the UK as the problem flight originated there. Filing a small claim in the UK is very easy and can be done electronically. The filing fee is small and can be recovered as part of your costs. Delta don't have a leg to stand on, as they have admitted negligence. You can file a claim here:

https://www.moneyclaim.gov.uk/web/mcol/welcome

Read it carefully, as I am not sure what the rules are if you reside outside the country, BUT there a good guidance notes, so I am sure you will find out the information you need.

Third, you may wish to contact the Air Transport Users Council in the UK, which is the government agency charged with promoting passenger rights in the UK. They are not much more effective than the DOT, although of late they appear to be getting more aggressive. (I suspect because they fear being abolished in the governments "bonfire of the quangos"), so you may find they are willing to take up your case.

http://www.auc.org.uk/

Fourth, you should investigate your rights under EU 261. You flight from NCL to BRU was on an EU based airline, which means that you have rights under EU legislation. I think you may be able to make a claim against Brussels Airlines, as they had a valid ticket for the flight and denied you boarding. The AUC may be able to help you with this also.

http://eur-lex.europa.eu/LexUriServ/...01:0007:EN:PDF

As a matter of last resort, you may wish to consider making a claim via a Dutch services, which specialises in suing airlines on a "no win, no fee" basis. The disadvantage of this, is that they will take a percentage of your settlement...however, they have a good success record and take a lot of the hassle out of pursuing the case. It is also a pain in the **** for Brussels Air and through them Delta, which is a benefit in itself. You can look at their services at the following address:

http://www.euclaim.co.uk/

Delta are disgusting. You should do all you can to demonstate this... I would contact local TV stations/newspapers and see if there is a consumer champion segment who will broadcast your story. Above all, don't give up.. you have a cast iron case.

Incidently, bilingual and stephen appear to be blaming Orbitz. However, Delta have admitted it was their fault in their letter, so not sure at all why the agent should be blamed. However, I do think they should have done more to assist you.. you were stranded and had paid them to book the flights... I would have called them too and demanded resolution.

Never fly Delta.. they are nightmare if anything goes wrong and will abandon you. They are abusive to their customers.. as you found to your costs.

I hope that helps.
 

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