Flight Delay Compensation, Lufthansa Only

eskbanker

SophF said:

Lufthansa are claiming airfield restrictions and so no compensation.

Is that the exact phrase they're using?  I can understand them citing a terminal evacuation as being extraordinary circumstances beyond their control, and likewise air traffic control restrictions may also be a separate reason, but 'airfield restrictions' is an unusual turn of phrase, maybe a translation issue?

If your original flight was cancelled and then the replacement flight was delayed by more than three hours (on arrival) then they'd need reasons for both individually....

SophF

eskbanker said:

SophF said:

Lufthansa are claiming airfield restrictions and so no compensation.

Is that the exact phrase they're using?  I can understand them citing a terminal evacuation as being extraordinary circumstances beyond their control, and likewise air traffic control restrictions may also be a separate reason, but 'airfield restrictions' is an unusual turn of phrase, maybe a translation issue?

If your original flight was cancelled and then the replacement flight was delayed by more than three hours (on arrival) then they'd need reasons for both individually....

Yes it’s the exact quote - could be translation as you said. 

I understand they’re extraordinary circumstances  but it was the only flight cancelled, including the earlier LH flight that was due to depart 45 mins earlier than us (which just got delayed) so the decision to cancel the flight entirely was in their control.

suggs78

Hi, hoping for some advice. On the 24th August 2024 We had a delayed Lufthansa flight from Sofia to Frankfurt which landed an hour after expected at 1600hrs. This led to us missing our connection to Manchester. Lufthansa automatically rebooked us onto an alternative flight which was the next day at 0730hrs. Also provided hotel vouchers. 

I checked the app and found an alternative flight available at 2200hrs that evening so rebooked that instead. 

That was slightly delayed departing and We landed in Manchester after 2230hrs. Because I had overstayed in the car park by 6 hours I had to pay the overstay fee £25 to exit. 

Whilst in Frankfurt airport I went to the customer services for Lufthansa and they told me that they would credit each of our boarding cards with €15 voucher for food. However when we went to pay at the restaurant, no voucher had been added. We went back to CS but then were told to email the Lufthansa feedback department who deal with complaints/compensation. It’s an online form which was correctly filled out and scanned our restaurant receipt. I received confirmation of receipt of my submission but heard nothing since. That’s been over 7 days. Should I be looking to do something else? What would I be entitled to in terms of compensation for our missed connection? 

Many thanks for your help. Steve 

Caz3121

whether any compensation is due will depend on the reason for the delay into Frankfurt. If this was due to Air Traffic which appears to be a major problem this summer then there is no compensation from the airline.
Duty of care applies irrespective of the reason for the delay. not sure the turnaround time for processing but maybe give it another week or so.

ilkleypeter

Delay from Manchester to Frankfurt meant that we missed our connecting flight and were rebooked onto a flight that arrived 20 hours after original. I have used the Lufthansa online form to claim compensation but they responded saying that seeing as the flight took off from outside the EU (Manchester) and the destination was outside the EU (Windhoek) they are not liable. I know this is incorrect but either the person who responded doesn't know the flight is covered under UK law or they are just trying to get out of paying. Neither is a good look for Lufthansa.

eskbanker

ilkleypeter said:

Delay from Manchester to Frankfurt meant that we missed our connecting flight and were rebooked onto a flight that arrived 20 hours after original. I have used the Lufthansa online form to claim compensation but they responded saying that seeing as the flight took off from outside the EU (Manchester) and the destination was outside the EU (Windhoek) they are not liable. I know this is incorrect but either the person who responded doesn't know the flight is covered under UK law or they are just trying to get out of paying. Neither is a good look for Lufthansa.

It's covered by EU law as well!

Edit: actually not covered by EU after all (but within scope of UK261): https://forums.moneysavingexpert.com/discussion/comment/81043926/#Comment_81043926

cosyc

ilkleypeter said:

Delay from Manchester to Frankfurt meant that we missed our connecting flight and were rebooked onto a flight that arrived 20 hours after original. I have used the Lufthansa online form to claim compensation but they responded saying that seeing as the flight took off from outside the EU (Manchester) and the destination was outside the EU (Windhoek) they are not liable. I know this is incorrect but either the person who responded doesn't know the flight is covered under UK law or they are just trying to get out of paying. Neither is a good look for Lufthansa.

Exactly  the same scenario happened to us. Man to Cape Town, delayed man to Frankfurt so missed the connection and booked on flight Frankfurt to Cape Town next day. 

I received a response from Lufthansa to my claim saying no compensation under EC261, even though I told them in a letter attached to the claim I wanted to claim under UK261. 

Therefore anyone advise the next course of action for myself and ikleypete? 

cosyc

Just wanted to report my success with Lufthansa. Thanks for all your help. 

I replied back as follows. 

Thank you for a quick response to my claim, I was aware that we were not covered under EC261, that is why my letter attached to the online compensation form indicated that I wanted to make a claim for compensation under UK261 - The Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2019. https://www.legislation.gov.uk/uksi/2019/278/pdfs/uksi_20190278_en.pdf  known as UK261  as we were passengers whose scheduled flight departs from a third country with an EU airline scheduled to arrive in a third country.

 

Regulations 278 of 278 are made in exercise of the powers in section 8(1) of and paragraph 21 of Schedule 7 to the European Union (Withdrawal) Act 2018 (c. 16) (“the 2018 Act”) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union, Part 4 amends Regulation (EC) No 261/2004 which concerns the rights of passengers if their flight is cancelled or delayed, which brings our claim into scope.

 

This legislation applies as we travelled from a UK airport (third country) with an EU airline (Lufthansa)scheduled to arrive in a third country (xxxxx). The flights were over 3,500km, we were delayed at our final destination by more than 3 hours, and the delay was not due to extraordinary circumstances

FrustratedFlyer67

I have a problem with Condor, I believe the parent is Lufthansa hence posting in this thread. Flight delayed, emailed them, was offered some compensation on 23rd September (600 euros). I queried the time they quoted as arrival as they were 4 minutes out from being over the 4 hour threshold, and i had evidence from Flight Aware the arrival time was later than what their reply stated.

Hadn't heard back from them since the 23rd September, been escalating as per Resolver. 
Also opened a case at Schlichtung Reise & Verkehr as they are the ADR scheme Lufthansa are signed up to and I don't believe the PACT at CAA can help. 

Fast forward to yesterday, reply received (bearing in mind not heard back from them since 23rd September) stating this:


"We have checked your case and the flight again. In the meantime, the flight has been reassessed by our legal department and unfortunately we can no longer offer you compensation in accordance with EU Regulation 261/2004. We very much regret this and ask for your understanding that we have no room for maneuver in this case."


Are they able to offer compensation and then withdraw the offer like this? Further more they have not provided me with any detail as to why the flight has been reassessed and the compensation isn't valid? I was querying the point of arrival time with them but didn't expect in the meantime their offer of 600 euro would be withdrawn!

Where do I go from here? As I say I opened a case with Schlichtung Reise & Verkehr, I don't have any reference number yet as their website when you submit a new case says you have to wait 2 weeks for this as they're upgrading their systems. Do I just leave it with Sclichtung now? Anything else I can do? I feel like the least they can do is uphold their offer made on 23rd September!!!

eskbanker

FrustratedFlyer67 said:

I have a problem with Condor, I believe the parent is Lufthansa hence posting in this thread. Flight delayed, emailed them, was offered some compensation on 23rd September (600 euros). I queried the time they quoted as arrival as they were 4 minutes out from being over the 4 hour threshold, and i had evidence from Flight Aware the arrival time was later than what their reply stated.

I don't understand what you were trying to achieve here - the compensation is a fixed amount that is payable if delayed beyond three hours, but there's no more available for a four hour delay, so it's not an 'offer' subject to negotiation, you're either entitled to it or not.

This cuts both ways of course, so if it's due then the airline has no right to decline to pay it, so it will indeed come down to their rationale for rejecting your claim now.  If you've treated their response as being final and gone to ADR then yes, all you can do now is to let that take its course.