Flight cancellation compensation - Lufthansa / Etihad airways

westendlad88

Hello,

I booked a flight with Lufthansa from Manchester to Dubai, with a connecting flight via Munich, Germany. When we arrived in Munich, we found out our flight from Munich to Dubai was cancelled.

We were put on a replacement flight with Etihad Airways from Munich to Abu Dhabi. And from Abu Dhabi, we were advised to get a taxi to Dubai. We arrived in Dubai 20 hours later than the scheduled time.

Can I still claim flight cancellation compensation as Lufthansa arranged our replacement flight on a non-UK/EU airline (i.e. Etihad Airways) or does that not matter as my original flights were with Lufthansa leaving a UK/EU airport (i.e. Manchester)

Many thanks

eskbanker

Assuming through ticketing on a single reference number then the Munich to Dubai leg would fall within the UK261 regulations (not the EU equivalent as the end-to-end journey both started and finished outside the EU), and these do entitle you to cancellation compensation, unless the cause of the cancellation was deemed to be extraordinary circumstances beyond the airline's control - do you know the reason?

westendlad88

Thanks eskbanker

Yes, both the outward and return flights are under a single reference number.

My end to end journey started in the UK, with a connecting flight in EU and final destination outside the UK/EU. So would the EU equivalent of UK261 regulations apply then?

We were not told what the exact cause of the cancellation was but understand it was not extraordinary.

eskbanker

westendlad88 said:

My end to end journey started in the UK, with a connecting flight in EU and final destination outside the UK/EU. So would the EU equivalent of UK261 regulations apply then?

No, that's what I was saying, the EU regulations don't apply in this case, so you'd need to claim under the UK ones.

westendlad88 said:

We were not told what the exact cause of the cancellation was but understand it was not extraordinary.

In which case, submit a compensation claim to Lufthansa and take it from there....

westendlad88

eskbanker said:
No, that's what I was saying, the EU regulations don't apply in this case, so you'd need to claim under the UKThanks.

Thanks. Just for my understanding, why doesn't the EU regulations apply in my case?

eskbanker

westendlad88 said:

eskbanker said:
No, that's what I was saying, the EU regulations don't apply in this case, so you'd need to claim under the UK ones

Thanks. Just for my understanding, why doesn't the EU regulations apply in my case?

As above:

eskbanker said:

...not the EU equivalent as the end-to-end journey both started and finished outside the EU...

or to expand on that, the EU regulations 

apply:

(a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies;

(b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier.

so if neither the origin nor the final destination of the journey are within a Member State then it's out of scope.

However, the UK equivalent is in scope because it covers all journeys starting from the UK.