Flight Compensation Denied

dreamypuma
dreamypuma Posts: 1,349 Forumite
Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
edited 5 July 2024 at 7:19PM in Consumer rights
Hoping for some guidance on a compensation claim I've made on behalf of my elderly parents.

In Summary:
My parents booked return flights from Manchester to Mombasa with an agent. The return flight comprised of two legs wholly through Lufthansa. This is as follows:

  • Mombasa to Frankfurt
  • Frankfurt to Manchester

Unfortunately the Lufthansa cancelled the first leg between Mombasa and Frankfurt, meaning that my parents were unable to make the connecting flight and subsequently the journey home as planned. Other flights were still leaving the airport.

Lufthansa made alternate arrangement using Kenyan Airways and Emirates which resulted in a 10hr wait in Mombasa, and a 5hr wait in Dubai and returned home a day later than expected.

I lodged a claim, for cancellation on Lufthansa's website (expected the worst, based on past experience with them)

We have today received the following response:

We are sorry that your trip from Lagos to London on July 2, 2024 did not go as planned. We apologize for any inconvenience this may have caused.

Kindly note that Regulation (EC) No. 261/2004 applies to flights departing from EU member states and flights arriving in EU member states from third countries. As your journey starts in Kenya and ends in Great Britain, we cannot accommodate your request for compensation according Regulation (EC) No. 261/2004.

Now the last time I checked Lagos is in Nigeria, and I don't think my parents took a detour  ;)

However, the the basis of their rejection seems incorrect.

Am I missing something here or should I be challenging this through ADR or CAA? As far as I am aware the regulations apply to flights arriving and departing EU States and the UK.

Any direction would be appreciated.

My farts hospitalize small children :o

Comments

  • Grumpy_chap
    Grumpy_chap Posts: 17,885 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    If they claim has been treated as being under EU261, perhaps you need to reclaim under UK261.

    I don't understand the reference to Lagos or Nigeria:

    In Summary:
    My parents booked return flights from Manchester to Mombasa with an agent. The return flight comprised of two legs wholly through Lufthansa. This is as follows:

    • Mombasa to Frankfurt
    • Frankfurt to Manchester

    As your journey starts in Kenya and ends in Great Britain, 

    Now the last time I checked Lagos is in Nigeria, and I don't think my parents took a detour  ;)


    Mobassa is in Kenya:
    https://en.wikipedia.org/wiki/Mombasa
  • dreamypuma
    dreamypuma Posts: 1,349 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 5 July 2024 at 9:11PM
    If they claim has been treated as being under EU261, perhaps you need to reclaim under UK261.

    I don't understand the reference to Lagos or Nigeria:

    In Summary:
    My parents booked return flights from Manchester to Mombasa with an agent. The return flight comprised of two legs wholly through Lufthansa. This is as follows:

    • Mombasa to Frankfurt
    • Frankfurt to Manchester

    As your journey starts in Kenya and ends in Great Britain, 

    Now the last time I checked Lagos is in Nigeria, and I don't think my parents took a detour  ;)


    Mobassa is in Kenya:
    https://en.wikipedia.org/wiki/Mombasa
    Thanks for the reply, wasn't sure if the post should have been in the travel forum.

    The reference to Lagos is Lufthansa's (indicative of their level of service). I'm equally not sure of the relevance to London, considering they have been provided all flight references.

    The claim was made through Lufthansa's website which only offers a standard form.

    Their reply was via email, so hoping it's one I can respond to. I thought I'd field some views and advice here before responding. 

    Thanks for the reference to UK261. I'll take a read.
    My farts hospitalize small children :o
  • JJG
    JJG Posts: 341 Forumite
    Part of the Furniture 100 Posts Name Dropper
    UK261 is pretty much identical to EU261. So you should be able to claim under that.
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