Delta wouldn't let us board, then demanded an extra $764

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Jan 6, 2015
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#44
Jim, you say here that "They say I forfeited the ticket when I didn't board the first flight; but I tried to board and they wouldn't let me" and on your own web site that "We were not given a reason, but re-booked on a later flight". When did you arrive at the gate for the first flight and what was it's "scheduled departure time".
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
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New York
www.promalvacations.com
#45
I believe his ticket was fine. They were both there at the proper time. But what husband is going to say “sorry honey, I have to get on my flight - good luck trying to get this fixed, see you at home”?

The airline was heartless- they could have done the right thing and made an exception and refunded it even though there was nothing wrong with his ticket.

Jim, go back to the help screens and report this again. Tell them you followed the letter writing chain and have not been helped and ask if a writer could take a look at the case.

Maybe they could appeal to the airline and see if an exception could be made.
 
Jan 6, 2015
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#46
I believe his ticket was fine. They were both there at the proper time. But what husband is going to say “sorry honey, I have to get on my flight - good luck trying to get this fixed, see you at home”?

The airline was heartless- they could have done the right thing and made an exception and refunded it even though there was nothing wrong with his ticket.

Jim, go back to the help screens and report this again. Tell them you followed the letter writing chain and have not been helped and ask if a writer could take a look at the case.

Maybe they could appeal to the airline and see if an exception could be made.
I re-read the very first post, which is what prompted my post. Reading later posts, I see that in fact when you said "They say I forfeited the ticket when I didn't board the first flight; but I tried to board and they wouldn't let me", you meant they refused to allow you to board "with my wife".

So with that understanding I agree with Neil's recommendation ...
 
#48
Delta does seem to be completely heartless, so in court I'm not going to bring up the argument that they should have let me travel with my wife; under their terms of carriage, they are not required to put us both on the same flight even if we were ticketed together.

Instead, I'm going to argue that when the first gate agent re-booked both of us on the later flight, she should have told me that there would be an additional charge. I was not told about the charge until after we were turned away from the second flight, and by then it was too late for me to leave my wife behind.

Sorry for the confusion over my statement that "we were turned away." That was my interpretation at the time, and I did not attempt to board the flight alone. Delta says "we" weren't turned away, only my wife was turned away.

I'm not sure I know what Neil means by "report this again". You mean here at Elliott?
 

Dwayne Coward

Administrator
Staff Member
Director
Apr 13, 2016
325
405
63
St. Louis
#49
Delta does seem to be completely heartless, so in court I'm not going to bring up the argument that they should have let me travel with my wife; under their terms of carriage, they are not required to put us both on the same flight even if we were ticketed together.

Instead, I'm going to argue that when the first gate agent re-booked both of us on the later flight, she should have told me that there would be an additional charge. I was not told about the charge until after we were turned away from the second flight, and by then it was too late for me to leave my wife behind.

Sorry for the confusion over my statement that "we were turned away." That was my interpretation at the time, and I did not attempt to board the flight alone. Delta says "we" weren't turned away, only my wife was turned away.

I'm not sure I know what Neil means by "report this again". You mean here at Elliott?
Jim,

He means if you would like us to review your case to see if we can further assist you by directly advocating your case with the company, then please fill out a help request at: http://www.elliott.org/help/.

If you have already filed your case with the court, we will not be able to assist until that has been resolved.

Dwayne
 

kenish

Verified Member
Sep 1, 2015
1,040
1,762
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KSNA
#50
One "datapoint" / fact that may help. A number of posts correctly state the ticket was issued by AM. The proof is in the screen shot in post #13 by @Christina H . The 13-digit ticket number begins with 139 which is AM. (Delta tickets being with 006).
 
Likes: VoR61
#51
Yes, the ticket was issued by Aeromexico. But the money was collected by Delta. And it's difficult to file a court case against a Mexican company from Michigan.

Right now I need to decide whether to re-open this with Elliott or just go to court. I don't think either option has much chance of success. Given that I've almost certainly lost the money, at this point I mostly want to face a Delta representative in a courtroom and have them explain to a judge why they did this to me. I don't like that they are ignoring me, and they can't ignore a court summons.
 

kenish

Verified Member
Sep 1, 2015
1,040
1,762
113
KSNA
#52
Yes, the ticket was issued by Aeromexico. But the money was collected by Delta. And it's difficult to file a court case against a Mexican company from Michigan.
I'm not a legal expert, but you may be able to sue AM in Michigan courts. AM has flights to DTW, hence they have a "business presence" in the State. If you go the legal route, I recommend a Small Claims action. AM may decide it's not worth their while to appear and you will win a default judgment. However, collecting may be a different story- here in CA, Small Claims decisions are not legally binding on the loser.
 
Likes: VoR61
#54
It took a while but this story finally has a happy ending. On your advice I opened a report with Elliott and I got a refund from Delta for the full price of the ticket. So I'm only out about $100 in FedEx fees and many hours of my time. The refund is entirely due to the efforts of the Elliott team, and I could not have done this by myself. Thank you everyone for your sound advice and able assistance.
 

JVillegirl541

Verified Member
Nov 21, 2014
3,233
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#55
It took a while but this story finally has a happy ending. On your advice I opened a report with Elliott and I got a refund from Delta for the full price of the ticket. So I'm only out about $100 in FedEx fees and many hours of my time. The refund is entirely due to the efforts of the Elliott team, and I could not have done this by myself. Thank you everyone for your sound advice and able assistance.
Congratulations! It sure shows how persistence and dogged determination to right a wrong can often payoff! They should have thrown in a Customer Service gesture for the months of aggravation this caused ;)
 
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