My family and I (son, daughter and wife) were scheduled to fly on Monday December 21st 2009 from Delta JFK to Martinique with connecting flight to San Juan Puerto Rico. Our flight was scheduled to leave at 8:35 am and we arrived at the Airport at 6:01 am and went directly to the curb side checking counter. After waiting for 20 minutes at the line the agent was unable to find any record of our flight and redirected us to the inside checking booth. As we were seeking help at both the electronic ticket booth and speaking with various agents, we were told to wait at the checking assist line. After expressing our concerns and explaining to the agents that we would miss our flight, we were redirected to the end of the rebooking line where well over 200 people were waiting. After much arguments and persistency we were able to finally speak to the only supervisor available on site serving thousands of customers, after which we were informed that no seats were available and the flights were overbooked. They couldn’t reschedule us for that day but only two days later Wednesday the 23rd 2009. Around 12:35 P.M. returning home and while leaving the Airport we contacted Delta’s complaint line and spoke with an agent (Kris) who offered us $100 voucher for what was called “Good-will gesture for our inconvenience”. We refused this offer and requested to speak with a supervisor but were denied such privileges by that employee who reiterated that it was their last offer and there was no need to speak to someone else. Upon our return home my wife called again Delta Airlines Consumer Care and spoke for over 1:00 Hour 30 minutes to a different agent (Kevin) to register a formal complaint. We explained the situation and also mentioned to him that we just acknowledge/receiving an e-mail from Cheap fare/Travelocity dated Monday December 21st 2009 informing us that Delta had canceled our flight. We requested from the Cheap Fare’s agent that he contact Delta’s reservation to communicate the reason of the cancellation. The following day after we re-contacted cheap fare, we were informed of the following reason given by the Delta Airline Inc.: “We did not have proper international documentation”. As a French and American Citizens we presented our passports and all legal documentation necessary at the counter and we were issued tickets for Wednesday December 23rd 2009 to fly with Delta Airline on Flight# 575 to San Juan with connection with American Airline Flight# 4818 to FD-France Martinique. How can on such statement be made by a Delta Employee Tuesday December 22nd 2009 when a day earlier, her Supervisor was able to issue and confirm the flight for the Wednesday December 24th 2009 with the proper identification? False statement can be added to Delta’s list of maneuver to refuse to admit their incompetence and unprofessionalism. Furthermore, when we checked The Delta website, that same day, there was an alert message informing passengers that flights for Monday December 21st 2009 were overbooked and they were looking for passengers to be willing to give-up their seats in exchange to a later flight. We had never agreed upon such request and went as normally scheduled to the airport. We also explained to Delta’s consumer care agent that it has been listed on their website and under the FAA and DOT consumer protection for compensation rules that based on the statements below that we are entitled for 200% of our fare, $800 maximum) for each ticket:
“If you are bumped involuntarily and the airline arranges substitute transportation that is scheduled to get you to your final destination (including later connections) within one (1) hour of your original scheduled arrival time, there is not compensation”
“If the substitute transportation is scheduled to get you to your destination more than two hours later (four hours internationally), or if the airline does not make any substitute travel arrangements for you, the compensation is doubles (200% of your fare, $800 maximum).”
I am originally from Martinique and had already made prior arrangements with my job to spend these two weeks of vacation with my family. Considering our economic situation, my family and I also decided, in order to save money, to travel every three years. We made the reservation 9-months ago and received re-confirmation by Delta the day prior to the schedule flight and were informed that it was on-time and that we will be leaving from JFK Airport. Because of the incompetence of Delta’s staff and their mismanagement of the situation, we could not travel until two days later. We have not only lost two days of vacation but were insulted by Delta’s offer of $100 as compensation and additionally my family and I are still in New York with the same fear that this would happen again.
We are seeking the maximum compensation of a total of $3200 for the 4 tickets for being bumped based on their guidelines that the right accommodation was not made by Delta to compensate for our lost. I could have been at work during these two days but instead at home losing wages of $150 per day for total of $300 while waiting for a resolution to the situation. In addition we have spent a total of $390 of taxi fare for the 3 additional trips (Airport/Home – Home/Airport) at $130 each. Lastly we are also seeking monetary compensation for emotional distress for each member of my family for a total of $8000.
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