Delta Air Lines still has not accepted personal responsibility for its meltodwn last month, but it has promised to make things right by reimbursing its passengers for out-of-pocket expenses incurred during the week-long disaster. But a new class action lawsuit alleges that in practice, Delta has denied compensation claims in a manner that makes a mockery of the entire consumer protection process.
Delta Passengers File Class Action Lawsuit Over (Lack Of) Meltdown Reimbursements
Per the complaint, this class action lawsuit has been filed “to secure refunds for each and every similarly situated consumer Delta has wronged by refusing to issue full refunds for flights canceled or significantly affected as a direct and proximate result of the CrowdStrike outage.”
The lawsuit states that Delta has routinely refused to compensate passengers for delayed or canceled flights and in many cases even denied hotel and meal vouchers.
When affected passengers requested prompt refunds for their canceled or delayed flights, Delta refused or ignored these requests. In addition, Delta refused to provide all affected passengers with meal, hotel, and ground transportation vouchers, despite its previous commitments, and continues to refuse or ignore requests for reimbursements of these unexpected expenses.
Let’s take a look at some of the individual cases that make up the class action lawsuit. These sorts of cases are indicative of the “class” that can add on
Arben Bajra
- Arben Bajra was traveling from Denver to Amsterdam via New York with his partner.
- His outbound flight to New York cancelled
- Delta rebooked him and told to come back two days later
- No hotel or meal vouchers were provided
- Two days later he came back and found his flight was cancelled again
- He bought a one-way ticket to AMS
- When he showed up for his return his flight was cancelled
- It’s not clear if the flight was actually canceled or if Delta canceled his return ticket because he skipped the outbound
- He bought a ticket back
- Two refund requests were submitted: one for the cost of the canceled flight and one for the out-of-pocket expenses
- Delta responded by offering him only a $100 voucher for future travel with Delta
John Brennan
- John Brennan was traveling with his spouse from Tampa to Seattle for an anniversary cruise
- His nonstop flight was canceled
- Delta rebooked him via Atlanta
- Upon reaching Atlanta, his connection was canceled
- After waiting all night in line to speak to an agent, he was told that Delta could not re-accommodate him for several days – he gave up on the cruise
- Delta also said it could not transport him back home to Tampa
- No hotel voucher was provided
- Rental cars were sold out, so Brennan had to take Greyhound back to Florida
- Brennan incurred out-of-pocket expenses of $800.00 and was out $10,000 for the cruise
- After submitting a reimbursement request, Delta offered him only $219.45
Asher Einhorn
- Asher Einhorn was traveling with his partner from Boston to Seattle
- His flight was canceled and Delta said it could not get him home for several days
- Einhorn had to pay for his own hotel, meals, and flights back, with out-of-pocket expenses totaling about $1,500
- Delta offered him $100 in reimbursement, but only if he signed a waiver releasing all claims against it
If True, These Are Damaging Revelations
Story after story (and there are more) suggests that Delta is not keeping its word in making passengers whole.
If that is the case, then I do hope this class action proceeds. I’m not generally in favor of class action lawsuits because I think only the attorneys win, but
It is reasonable to ask whether Delta should have to pay, like in the case Brennan, $10,000 for a missed cruise on airline tickets that cost only a fraction of that amount, but I say yes…the foreseeable consequences of a meltdown are exactly these sorts of missed once-in-a-lifetime opportunities. Of course, Detla can implead and go after CrowdStrike (we will see how that goes), but passengers are not unreasonable to seek such compensation from Delta.
CONCLUSION
A new class action lawsuit from Delta passengers seeks to compel Delta to actually make customers whole for out-of-pocket expenses. It should never have come to this, but perhaps this legal path will encourage Delta to keep its word?
image: Delta
These three examples are All cheap-charley , All traveling on leisure , and All could afford to spend the extra . They are All safe and uninjured from accident , and were able to feed and house themselves . They ought to be grateful and appreciative for the opportunity to be responsible for themselves in our outstanding country .
Instead they go crying and weeping to a bush-league lawyer for compensation , when they are privileged to be very lucky .
This is like Camel-a , the dem candidate , crying and weeping because people question her intelligence .
Only legitimate business , military , or airline employees ought to be compensated for out-of-pocket expenses . Leisure is on their own dime .
So, I assume nobody would ever hire you for PR or customer relations?
I disagree alert. Leisure time isn’t free and they were paid for a service they didn’t even try to provide. A delay is reasonable, a week of cancellations is not. Why anyone would voluntarily go on a cruise is beyond me, but he is certainly within his rights to ask for a refund given this is a Delta infrastructure issue, not a weather related incident, or some other “act of God”
@Brandon … When I purchase an airline ticket , my contract guarantees only a safely-maintained and safely-flown airplane to a stated destination . That’s it .
It does not include protection from unavoidable delays , nor refunds for personal purchases , nor expensive cruise payments .
LOL I suggest you read your conditions of carriage a little more carefully.
We need to reform class-action lawsuits. The effected get chump change; the lawyers laugh all the way to the bank. Have you seen the claim the lawyers who temporarily stop Musk’s compensation deal want?
@DaveW … +1 . Spot on . ( Although the word is “affected” .)
As a counterpoint, our family of 6 was flying CVG-ATL-OAK. We made it to Atlanta but our flight from ATL-OAK was delayed and then cancelled even though we had a pilot, flight attendants and a plane because the 1st officer was flying from somewhere else and his flight was delayed.
We made it on standby to a flight from ATL to SJC and got to our destination 5 hours later. I do think that we only made it on this flight to SJC because I was super proactive and know more than the average flier about what to do in cases of irregular operations. If we hadn’t gotten on that flight, I am not sure we would / could have been accommodated for a day or two.
Delta did proactively offer us hotel vouchers but instead, we later submitted reimbursement for a ~$160 hotel room and an $80 Uber from San Jose to Oakland, which was accepted.
I’m not sure there is any world where John is getting reimbursed for his $10K cruise though? I don’t know any airline or travel insurance that would cover prepaid expenses like that, right?
I also don’t know any other airline at delta’s level that had a complete and utter meltdown of their own making though either. So maybe $10k is a lot to reimburse but it’s also from the airline that spends hundreds of millions on marketing trumpeting how reliable they are. Seems like delta could pull back on their Olympic marketing about their reliability and give a guy $10m for a cruise delta made sure he didn’t make
$10m may be a bit steep. But $10k seems reasonable 😉
In Brennan’s case, it would seem someone spending 10k for a cruise would also purchase insurance. Then delta would be responsible for what the insurance failed to cover.
And it’s sad that no amount will replace the lost anniversary.
They’re like every other corporation. Minimize the losses, pay off no one unless you get positive publicity from doing so or negative publicity when you don’t.
It amazes me that companies no longer take pride in what they do or what they sell.
They just do their best to get over and pad their pockets.
The cruise is the one expense that I question is lost to the traveler. In what world would a cruise line given the heavily publicized issues that affected air travel then not issue him a credit towards a future sailing? Saying he lost $10K is a half truth. I find it hard to believe he could not use that credit for up to a year later.
Not that we needed it but yet another argument that EC261 or some more stringent version is badly needed in the USA.
In Atlanta on business. Three canceled flights to Newark over 4 days. Feared I would be stuck at the airport but luckily got back in my downtown hotel. I know someone who paid $600 for a hotel Friday night. Sunday: Checked in early morning, flight cancelled. Airport odyssey until I got out on a 4 am flight Monday. The stress was immeasurable and took its toll on me. Delta will reimburse me for out of pocket expenses. BUT I have to sign a waiver. I need the money but I’m not happy about signing.
Always avoid Atlanta and Newark .
Wish I could! But I live near Newark airport. And besides business twice a year in Atlanta, I need to use Atlanta for a connection to Mobile where my family lives.
I was to fly out if Mn to AK and right before arriving early at airport got text 2 hours late. When checking in bags 20 mins later cancelled. 2.5 hour line for woman to say no flights till 4 days later. Our 10 day vac now 6. No offers or choices given. That was just the start of my Delta nightmare
I feel you! 4 days, me too. I authorized a reimbursement payment today. I need the repayment. Hello American Express. Holding me up for ransom with signing the waiver is unconscionable. The incredible amount of stress I suffered merits compensation.