[andyo]

I am hoping you may offer some advice.
Recently I traveled from the US to Newcastle England to visit a sick relative. Although the whole journey (6 flights in total) was challenging due to flight delays and mishaps none more upsetting than an error by Delta Airlines on the beginning of the return journey from Newcastle to Brussels. Although I had confirmed the first leg of the trip several times ,when I approached the Brussels Airline check-in desk at Newcastle their had no record of me being booked on the flight. The trip was initially booked through orbitz.com- I received flight itinerary and confirmations via email confirming all flights and several hours prior to departure I had called Delta to confirm and received an “all flights are confirmed".
My only option was to purchase 2 new tickets (for my daughter and I) from Brussels Airlines in order to re-connect with my itinerary. Time was ticking away as the new ticket process was completed and the original flight left without us leading to additional expenses including an un-planned night’s stay over in Brussels.
I am now battling with Delta Airlines to refund the cost of the new tickets I had to purchase in the amount of $1500. After several attempts to contact Delta I was finally offered reimbursement for the original price of this leg of the trip in the amount of $240. Of course I refused and was encouraged by the agent to mail all supporting documents to Delta head office and explain the situation.
All supporting documents were mailed January 1st. I just received a letter from delta admitting the error on their behalf and stating that 2 $100 good faith vouchers would be forwarded to me.
As you can imagine, I am disgusted by this response and wish to take my legitimate claim to the next level in order to get justice and a refunded of the new tickets- Newcastle -Brussels that I had to purchase.
Below is a copy of the letter I sent to Delta head office explaining the situation. I also forward to you below the letter to Delta quotes from their reply.
Please guide me to a body that will assist me in resolving this very frustrating situation.

Sir/Madam,
Our original flight itinerary from Key West to Newcastle UK was scheduled for departing 12:20pm from Key West, FL to Atlanta GA, December 13th. The flight was cancelled as we were checking in due to winds 18+ Mph, although other flights that day were not cancelled. Delta was not able to place us on another flight or offer other alternative. We were booked on the same flight the following day, December 14th.
I would like to mention that I was traveling to the UK with my 6 years daughter and I was desperate to see my father who recently got very ill. I have a tight work schedule and it was very difficult for me to take time off.
Upon returning to the airport on Dec 14th, the flight was cancelled once again as we were in the departure gate. Again, Delta was not able to place us on any other flights that day and on top of that Delta check-in desk informed us that NO FLIGHTS WERE AVAILABLE for the following day either. You can imagine my frustration and my daughters disappointment.
At last, a flight from Miami (4 hours drive) to Atlanta, Atlanta to Amsterdam - Amsterdam to Newcastle was available for December 15th (3 days after original departure day) and the flights were re-scheduled.
We were also informed that although my return flights were CONFIRMED when I made the booking several days before, those flights were NOT available for returning to Key West on December 21st !!!!!! Flights were available returning December 22nd so I agreed to the new itinerary: NCL-Brussels, Brussels to Atlanta , Atlanta to Key West.
No offer of alternative transport was offered for my daughter and I to travel to Miami on December 15th so I was forced to rent a vehicle and make my own way there.
Our 1.40pm flight from Mia to Atlanta was delayed 2 hours and 15 mins because bags were still being loaded onto the aircraft.
Our flight from Atlanta to Amsterdam was delayed 2.5 hours due to loading baggage and animals on the aircraft and finally departed at 7:40pm which meant we missed our 10:35am connection in Amsterdam for Newcastle. We waited 4.5 hours in Amsterdam and were booked onto the 3.20pm flight to Newcastle which arrived 1 hour later than scheduled.
This was only the beginning of our Delta disaster trip to the U.K.
As previously stated we were re-scheduled to fly from Newcastle to Key West on December 22nd. Newcastle- Brussels on Brussels Airline.
Upon arriving at Newcastle for the 6.25am departure I was told that NO RECORD of our flight existed SN 2194 operated by BMI- You can imagine my astonishment. With my 6 year old daughter in hand we spent 3 hours with the assistant at the Service Air desk for Brussels Airlines trying to figure out the problem and the plane left without us. Only the night before I had called Delta and CONFIRMED the flights!!! I printed out the itinerary.
Brussels Air line re-booked us on the 4.30pm NCL- Brussels but no Delta flights were available to continue our journey from Brussels to Atlanta and on to Key West that day so it meant a 1 nights stay over in Brussels to catch Delta flights the next day. No hotels arrangements were offered.
Upon returning to Newcastle Airport later afternoon to board the 4.30pm flight I was told that NO RECORD of payment could be found and that I need to pay for two new tickets in order to get to Brussels. Again, I was astonished!! !!! Especially since I had just CONFIRMED my booking with Delta several hours prior!!!!!
We had stayed in a hotel in Brussels on the night of December 22nd.
Our Delta Flight from Brussels to Atlanta scheduled to depart Brussels 10.10am December 23rd left 1 hour and 30 mins late.
We arrived in Atlanta and the flight to Key West was on time.
The following is a list on items I wish to be reimbursed for financially:
Car rental from Key West to Miami $79 + gas $30
Tickets purchased from Brussels Airline for Newcastle to Brussels $1472.81
Over-night stay in Brussels Holiday Inn hotel $123.40 Euro ($180)
Metro fares to and from Pelaw Station to the Airport in the U.K $23.00
All supporting documents all available upon request.
Total Reimbursement due $1784.81
I would also like to mention that as a seasoned traveler who regularly encounters flight and transportation delayers due weather and other various reasons, I do understand that some aspects of daily operations are out of the control of carriers. However, this experience is a direct cause of an error created by Delta Airlines and a breakdown in communication between Brussels Air Lines resulting in emotional stress, and hardship and the financial burden of having to purchase ANOTHER ticket for the Newcastle-Brussels portion of the trip.
Please help me regain my faith in Delta Airlines by promptly processing this request for reimbursement..
Andy Olday


January 7th
Quote from Deltas response to my claim.

" I repent for the mishandling of your return ticket. We expect our staff to provide consistent,accurate, and correct information at all times. I realize this was not the case and there were no records for your flight from Newcastle, hence you had to incur additional expenses to purchase a new ticket with Brussels Airlines. To your dismay, you also had to pay out of pockets for a drive to Miami on December 15th and hotel accommodations."
"Further, I do understand your feelings of deception."
"I have reserved two Electronic Transportation Credit Vouchers in the amount of $100.

Where should I turn to next? Small claims Court?

[jimworcs]

Start with a complaint to the DOT.. and you can file that via the quick links on the bar above. You can then also file in Small Claims Court. You will win, but Delta will not allow this to go to trial. They will ignore you until about 48 hours before trial and they will then make a derisory offer and tell you that you risk everything if you don't accept. Refuse the offer and just before you go into court, you will be offered the full amount. There is no way that Delta can win this case. Your additonal costs are entirely the result of their negligence and they are completely liable. Their vouchers are disgusting and you should make it clear that you are not accepting this offer. Delta are really appalling, particularly when things go wrong. There is a toxic, anti-customer attitude within this airline and you really should avoid them at all costs.

[bilingual]

I do not agree, I actually think Orbitz has let you down totally!Orbitzt has been the supplier of tickets and should have fixed the issue. Now it encourages you to sue Delta, but again it should be their responsibility to get you compensation immediately , whether orbitz receive it from Delta must be their problem.

[andyo]

I did forward my complaint to D.O.T
This is their reply.....
We are sorry to hear of your travel problem. It appears that the carrier in this case acknowledges its error. In a situation such as yours, the carrier should refund that portion of the ticket that you did not fly. The carrier is not obligated to provide you a refund for tickets you purchased on another carrier. If you disagree with the carrier's resolution, please see our website at www.airconsumer.dot.gov and a publication entitled "Tell it to the Judge."

How can such a large entity such as Delta Airlines acknowlege such a huge error like not confirming a leg of an international flight with a partner carrier an the not be liable???

[stephen]

It sounds like you ad a miserable time in difficult circumstances, sorry to hear about it. But I wonder why a seasoned traveler would use Orbitz or any of these third party sites. If anything goes wrong the airline will be much less likely to help you and you will likely be passed back and forth between airline and agent. Always better to use a real travel agent or book on the airline's website and these days it is never in my experience even any cheaper to use Orbitz or Expeida etc.
It is a very strange reply you quote from Delta -"I repent (!) of the mishandling","I understand your feelings of deception (?)" Was this written from an non-English-speaking office?

[jimworcs]

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.

[bilingual]

Originally Posted by jimworcs

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.

Because Orbitz is the provider, why should this man spend his time and money trying to extract money from Delta, when Orbitz should compensate him and sort the things out with Delta themselves?

Delta has failed, but Orbitz has the responsibility in finding a solution, otherwise there is no point in booking through them.

[jimworcs]

1. Because Orbitz did everything right.. and Delta didn't
2. Because the customer didn't call Orbitz at the time, so they had no way of knowing the customer was stranded
3. Because Delta have admitted the negligence

But worth contacting Orbitz and seeing if they will compensate you. I just don't think they will and morally this mess was created by Delta and they are responsible for the OP's consequential damages.