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Delta cancellation - No compensation due?

posts: 31
reviews: 1
Delta cancellation - No compensation due?

Hi Folks,

I currently have a claim in against Delta airlines after me and my wife were delayed for 24 hours travelling to the USA in November 2013.

According to delta the problem was; "due to anti-icing failure. Considering the flight was cancelled due to technical issues, this represents an extraordinary cause for cancellation, as we cannot change the outcome of this flight. Therefore no legal compensation is due."

I (very naively) thought this claim was a formality but Delta are sticking to the anti-icing failure being an extraordinary cause. I know this is a grey area and extraordinary causes are not very well defined, so just wanted some advice on whether i should keep fighting this or give up? They have offered us a $100 travel voucher each as a gesture of goodwill but i doubt i will be travelling anywhere before this expires anyway.

I was flying from Ireland so i have been struggling to even find an Irish no win no fee company to take this to court for me. Are we due 600 euro each from this technical fault?

Thanks for any advice

21 replies to this topic
London, United...
posts: 9
11. Re: Delta cancellation - No compensation due?

Hi, there seems to be some confusion around terminology in this thread:

De-icing = using airport vehicles to spray aircraft with de-icing fluid

Anti icing = Systems on the aircraft to keep wings and engines clear of ice when in flight

The letter the OP received from Delta talks about anti-icing failure, so a problem with the aircraft systems, which would fit with needing to get a part delivered from Amsterdam.

On this basis I think they have a good case for obtaining compensation.

UK
posts: 42,160
reviews: 88
12. Re: Delta cancellation - No compensation due?

Maspeed, yes I think you make a good point.

Romford, United...
posts: 2,065
reviews: 23
13. Re: Delta cancellation - No compensation due?

Just go to moneyclaim.gov.uk for form and how to do it on line,cost will be between £70-£80 for equivalent of euros 1200 plus interest plus fee, don't see why not? I did it successfully for a US airline flying between DUB and US in the UK courts-whole process is not daunting and they will have 28 days to respond

Edited: 7:31 am, February 05, 2014
posts: 31
reviews: 1
14. Re: Delta cancellation - No compensation due?

no other flights appeared to be affected, and yes was definitely an anti icing problem, not deicing.

Thanks so much guys.

Cheers, 289jumper, gonna try your link

Wales, United...
Destination Expert
for Bargain Travel
posts: 6,630
reviews: 221
15. Re: Delta cancellation - No compensation due?

It's up to you how far you go in pursuit of the compansation you may be entitled to. I would take it to court myself, that alone may persuade them to pay up, if not they will have to prove it was extraordinary.

Chiang Khong...
posts: 3,660
reviews: 1
16. Re: Delta cancellation - No compensation due?

Hi

well you actuallly got to your destination all be it 24 hrs later so they full filled the contract.

but then the question how much and if any compensation is warranted you will have the burden

of proof as to what caused the delay and if the delay is compensationable and if it does then how much.

this whole process can takes months maybe years if airline wants to fight even if you do win in small claims court if the airline doesn't respond if they refuse to pay then more court case to try and get paid you can win and never get a dime

the best thing to do in these case's is to try and negotiate as the delay occurrs politely and calmly if you do not get satisfacation from one agent ask for their suoervisor and keep working your way up. sometimes it is better to negotiate and get the best you can at the time and cut your lose's in this case the OP is not money just his time

. most will fume and fuss while the delay is occurring getting madder and madder then stew on it for days writiing on every web site they can and then start listening to total strangers for legal advice

then the minor bump in their life turns into a major time consuming stress inducing .personal vindeta

aganst the airline. while at the airline no one is losing any sleep over it you are just a number

you have probably spent much more time worrying researching and writing e-mails and on forums than the actual delay

so all I am saying if you feel warranted of course file law suit maybe you will get lucky but do not lose any sleep over this. in the big picture it is nothing.

Romford, United...
posts: 2,065
reviews: 23
17. Re: Delta cancellation - No compensation due?

This side on the pond our system is somewhat different 1) if the defendant fails to respond within 28 days the claimant wins by default 2) if the defendant fails to or won't pay the amount due, for a small fee the claimant can have it moved to a higher court for appointment of a high court sheriff 3) sheriff's are empowered by law to enter premises and take/seize goods,property and anything of value from the defendant for auction to pay the claim,interest,fees and their expenses-wouldn't be at all embarrassing for Delta to land an aircraft anywhere in the UK and suddenly find it had been seized all because they couldn't/wouldn't pay Euros 1200 plus fees due under European Law

Edited: 9:18 am, February 05, 2014
Wales, United...
Destination Expert
for Bargain Travel
posts: 6,630
reviews: 221
18. Re: Delta cancellation - No compensation due?

As I understand it, in the UK the burden of proof would be on the airline, and not the claimant.

Romford, United...
posts: 2,065
reviews: 23
19. Re: Delta cancellation - No compensation due?

Absolutely correct RojBlake

London, United...
posts: 16,854
reviews: 23
20. Re: Delta cancellation - No compensation due?

The burden of proof is on the airline here, its not on the op. If it was a plane fault, which it looks like it was now, i would also take the punt and file a claim against them on line, because that would probably not be extraordinary, The op basically just needs to file and send them the documentation.

I would even hazard a guess they might try to settle,,

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