Delta’s blues should remind ‘bumped’ passengers of their rights


San Diego: Alison DaRosa

Alison DaRosa

Think that complaints sent to airlines or to the Department of Transportation about airlines go nowhere?

Ask Delta.

The airline has been fined $375,000 by the DOT for bumping passengers from its oversold flights without asking for volunteers first — and for failing to provide bumped passengers with denied boarding compensation, as required by DOT rules.

The order, issued on Thursday (July 9),  also rips Delta for failing to inform bumped passengers that they’re entitled to “cash or an immediately negotiable check” when they’re denied boarding.

DOT rules allow the airline to offer vouchers for future travel in lieu of cash — but the airline must first inform passengers of the amount of cash compensation that would be due; the passengers gets to decide whether they want the vouchers or the money.

(The amount due, up to $800, depends on a variety of factors including the value of the unused portion of the ticket, the length of delay and whether the bumping occurs between domestic or international points.)

Delta’s violations came to light during the DOT’s recent inspection of the airline’s  complaint records from the first half of 2008 - and because of complaints involving Delta sent directly to the DOT’s enforcement office in 2008.

The DOT labeled Delta’s conduct “unfair and deceptive” and ordered it to “cease and desist.”

Delta didn’t admit guilt, but promises to clean up its act.

In exchange, the government has agreed to offset $200,000 of Delta’s civil penalty - “for expenditures that will be made  within 18 months … to enhance the tools and processes Delta Air Lines utilizes to ensure compliance” with DOT rules.

Delta is required to provide the DOT with “detailed explanations” of how it’s spending the forgiven $200,000 to improve its system.

See a summary of the DOT’s rules regarding overbooking and bumping.

See the DOT’/ Delta consent order

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READER COMMENTScomment rules | moderation | privacy

Comment by: FRB Posted: July 12, 2009, 4:33 am

Delta did the same to us a couple of days ago (family of 4), with no explanation whatsoever. But in our case the cancellation happened more than 2 weeks before the trip, so looks like the can “legally” wash their hands. No compensation, just a disgusting “we are sorry”

Comment by: Ellen Posted: July 23, 2009, 5:18 pm

Great resource, Alison. DOT’s $4 brochure is probably worth having in one’s carry on, just in case. Thanks!

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