Legal Question in Consumer Law in Utah
Hello,
I recently tried to change my flight itinerary on Delta.com (Instead on leaving on Dec, 14, I wanted to leave on Dec, 19, and instead of coming back on Jan 8, I wanted to come back on Jan 1). I was aware that in order to do this change I needed to pay US$350 (200 for the difference of fares, and 150 for the change fee). After entering all my information, including a new credit card number, I clicked on the Purchase button, agreeing to pay the 350, and acknowledging the changes. Right after that, I received an error telling me that the operation could not be completed, and that by clicking on the back button and doing things again I might solve the problem. I did that, but got the same error again. I wanted to confirm these changes, by accessing my itineraries, and not only did I not find the new changes, but my old itinerary had disappeared. Fortunately, because of past bad experiences with credit card fraud, I have my Bank send me a notification whenever my card is used for a transaction over the internet. This way, I learned that Delta did charge my card for 350 dollars, so I thought I just needed to give the website a few minutes to update my itinerary.
After 15 minutes of nothing, I called Delta's customer service to find out what was going on. I got helped by Eduardo Contreras. The first thing that he told me is that apparently I had CANCELLED my flight on purpose, and not only did I fail to change my flights, but that if I wanted to get my former itinerary, I had to pay the change fee, and difference for the current price of the fare. After more than almost an hour on the phone, waiting for him to solve this problem through another customer service representative, I demanded to talk to a supervisor, or someone with more experience and authority. After another 20 minutes of trying to get in touch with a supervisor, I was told that no supervisor could be reached at the time. I convinced mr. Contreras that there was indeed a mistake, because there is no way that Delta would have charged me if all I tried to do was cancel my itinerary, so he asked me send the email I am attaching below (in pdf format) to the following address: [email protected]. After almost another thirty minutes of waiting for them to come up with another excuse of "WE DID NOT MAKE A MISTAKE, YOU DID. AND YOU HAVE TO PAY FOR IT" they told me that my credit card had been charged, but the transaction was still pending, so the problem was with my Bank not with them (although it was already obvious that I never tried to cancel my itinerary). The last thing I did was contact Delta via email, which as explained by Mr. Contreras was the last thing I could do. The nice thing is I have to wait at least 3 days for their response.
This has resulted in a great inconvenience for me. First, I have test to study for tomorrow, and could not afford to waste so much time trying to solve this problem. Second, apparently I am left nowhere "I am not going home for Christmas neither the 19 nor the 14!!! Third, the 350 dollars are still pending, but this is an amount I do not have available for spending, until Delta decides to drop the charge (hopefully). Fourth, in case, they acknowledge they made a mistake, by the time, I am allowed to solve this issue, most flight might be already full, so I am going to have to pay a lot more!!!
What can I do?
1 Answer from Attorneys
File a suit against Delta in small claims court for the $350, and for whatever it will cost you to get a flight home.
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