Dealing with Luftansa

_Ladybird1234

Hi all, I contacted Lufthansa last June (via resolver) as we had a 6+ hour delay, and were due compensation. I have never had issues with getting compensation with other airlines before (using resolver) but of course Lufthansa are being difficult. 
The flight was from Toronto to Geneva (with a stopover in Madrid), the scheduled departure was 18:20, at the time the flight kept being delayed on the board, with no explanation provided. We eventually reached our destination the next day, approximately 11 hours late. When I claimed via resolver, here is how Lufthansa responded in August 2022: 

"Thank you for your continuous correspondence. We sincerely regret for the unintentional delay in respond due to high incoming volume of feedback.

We are sorry for any inconvenience resulting from the schedule change of flight AC 9104 (LH 471) from Toranto to Frankfurt.

A full refund of your ticket is only possible if your flight is cancelled or the departure and/or arrival time has been shifted in excess of two hours. Under such circumstances, you may submit your ticket for a refund.

Per our records, we found that flight got delayed due to passenger’s responsibilities. The reason of the flight delay is due to medical emergency. Please understand that it is not possible to provide the compensation you requested.

Although our response may not be the one anticipated, we hope you will still consider traveling with Lufthansa in the future."

 My questions are: 

1. Are they legally obliged to provide evidence of medical emergency? Is it possible this may be a lie? Can I push back on this? 

2. I have since escalated this to SOP, however they are extremely delayed with processing claims right now and I don't expect they will be able to address mine for at least 2 more months. Should I go ahead and write a letter to Lufthansa in the meantime (noting it as NBA)? Or wait for SOP to come back on this? 

eskbanker

_Ladybird1234 said:

1. Are they legally obliged to provide evidence of medical emergency? Is it possible this may be a lie? Can I push back on this? 

If the case reached a court then they it would obviously be in their interests to present evidence to back up their story (and they'd probably be obliged to do so anyway), but prior to reaching that stage I don't believe there's anything you can do to insist on seeing that.  What makes you suspect it's not true?

_Ladybird1234 said:

2. I have since escalated this to SOP, however they are extremely delayed with processing claims right now and I don't expect they will be able to address mine for at least 2 more months. Should I go ahead and write a letter to Lufthansa in the meantime (noting it as NBA)? Or wait for SOP to come back on this? 

I'm not familiar with SOP but if it's the point of independent escalation then it would surely only be used once all dialogue with the airline was exhausted and they'd given their final response?  It presumably doesn't eliminate the prospect of taking them to court later but it wouldn't seem sensible to try to run those processes in parallel?

bagand96

Just to clarify you've said Toronto - Geneva with a stopover in Madrid?  But the flight you're referring to is LH471 which is Toronto - Frankfurt?  Lufthansa don't operate Toronto to Madrid.

Westin

bagand96 said:

Just to clarify you've said Toronto - Geneva with a stopover in Madrid?  But the flight you're referring to is LH471 which is Toronto - Frankfurt?  Lufthansa don't operate Toronto to Madrid.

I thought the same and wondered if it was a Air Canada aircraft (LH codeshare). Perhaps OP can clarify.  

If AC then no EU261 for flight ex YYZ.

_Ladybird1234

Thanks all,yes it was an Air Canada aircraft but was operated by Lufthansa - all the emails we received on the delays were from Lufthansa. Apologies it was Toronto to Frankfurt. The reason I suspect it may not be true was finding some other (quite old) forums which mentioned that Lufthansa can be vague / not wholly truthful with the reasons provided. 

Westin

Providing the delay reason qualified, if you were on a Lufthansa aircraft then EU261 for compensation would apply.  If you were (as it seems) on an Air Canada aircraft, flying FROM Canada then EU261 doesn’t apply. No compensation.