Flight Delay Compensation, Lufthansa Only

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  • I'm looking some thoughts on my claim, I'm actually in the middle of writing a letter to Lufthansa, and it's best I paste excerpts for simplicity. Ignore any references e.g. See[n]. I've left them in, to show I'm including evidence where appropriate.

    "I am writing regarding a delayed onward journey originating at London Heathrow (LHR) Airport and ending at Prague Airport (PRG) via. transit at Frankfurt (FRA) on 24/05/2013.

    The first leg of the journey was flight LFT907 on 24/05/2013 from London Heathrow (LHR) to Frankfurt Airport (FRA) with the scheduled departure time of 1:50pm. This flight, LFT907, arrived 87mins late at Frankfurt Airport. See [1]. I am aware there was an incident regarding a British Airways flight, BA742, on 24/05/2013, which may have contributed to the delay. However passengers for the flight were informed the flight crew were delayed reaching the airport, which is a factor not beyond the control of an airline, illustrating an act of complacency in Lufthansa's flight procedures.

    As a result of the delayed experienced on the first leg of the onward journey, the connecting flight, LFT1400 to Prague (PRA) from Frankfurt Airport (FRA) with a scheduled departure time of 5:15pm was missed. See [2]. My travel companions and I had no choice but to wait for flight LFT1402 with a scheduled departure time of 10:00pm. This flight, LFT1402, was delayed by 27 mins and arrived at Prague (PRG) at 11:38pm. See [3].

    Based on the scheduled arrival time of 6:15pm at Prague (PRA) via. connecting flight (LFT1400) the delay to our second leg of the journey was 5hrs 23mins.

    My scheduled flight length between London Heathrow and Prague Airport was approximately 1040km, therefore I am seeking €125 per delayed passenger in my party for 87mins delay experienced between London Heathrow (LHR) to Frankfurt (FRA). Further, I am seeking €250 per delayed passenger in my party for the 5hrs 23mins delay experienced between Frankfurt Airport (FRA) to Prague (PRA). The total is €1875 for all passengers.

    My questions:

    1) Can I actually claim anything between London and Frankfurt? I ask because I'm not sure what the definition of a delay is, according to Martin's chart found here: http://www.moneysavingexpert.com/travel/flight-delays, I can claim 125Euros, but then on the EU website: http://europa.eu/youreurope/citizens/travel/passenger-rights/air/ there is no mention of compensation when up to 2 hours delayed, or have I just overlooked it?

    2) Is the delay at the second leg between Frankfurt and Prague a legitimate claim? Technically the flight was only delayed by 27mins, but our journey was delayed by 5hrs 23mins as a result of the first flight being delayed by 87 mins, therefore missing our connecting flight.

    Much appreciated on any feedback.

    Thanks.
    Student loan: Cleared.
  • Caz3121
    Caz3121 Posts: 15,542 Forumite
    Name Dropper First Anniversary First Post
    I agree there is likely to be no claim here are they can attribute this to the runway closures and the backlog

    For info, if there is a genuine reason for as delay you would have be making one claim based on the LHR-PRG journey

    you would fail in separate claims
    1) an 87 minute delay does not qualify for compensation
    2) your original connecting flight had a delay of 26 minutes but you failed to turn up for the flight
    3) the actual FRA-PRG flight was only delayed 27 minutes

    hence your claim would have been LHR-PRG €250 each IF the delay had not been due to extraordinary circumstances.
  • OK let's forget about the BA flight for a moment.

    The aircrew at LHR, we were told, were stuck in traffic, and the ground staff had no idea when they would arrive. All PAX arrived on time. Now, there was a dead crew available on standby, and they in fact even prepared the flight until the actual flight crew arrived. So for Lufthansa to say they were delayed by BA, maybe telling porkie pies.

    Overall, though, service was quite poor, we were told at Frankfurt, a member of Lufthansa staff would greet us and make our connecting flight, but since the flight was too late to make it, no one bothered.

    Whatever the situation, I think there is still case for waiting for so long for the connecting flight.
    Student loan: Cleared.
  • 31 January 2013, the European Court of Justice ruled [Case C-12/11 McDonagh v. Ryanair]:
    1. Events that constitute "extraordinary circumstances" do not release air carriers from their obligations to provide the right of care.
    2. An air passenger is justified in claiming a right of compensation when an air carrier fails to fulfil its obligations.
    3. An air passenger may invoke before a National Court the failure of an air carrier to comply with its obligation laid down in regulation 261/2004.

    Lufthansa will say that you can't make a claim through the Courts but you can now, and I'm doing it.
  • Hi,

    My flight from Beijing to Manchester via Munich (Dec. 2008) was delayed (we got on the plane, waited 4 hours got off, waited 4 more hours) and the eventually cancelled and I was rerouted to Manchester via Frankfurt and arrived in Manchester approx. 12 hours late.

    I have pursued Lufthansa who claim of a ruling in 2010 (which they could not provide evidence of) meant they did not need to compensate me as the flight was 2008. They have told me they consider the case closed and want no further correspondence.

    I went to ECC website and am considering where to lodge my next complaint. They stated the National Enforcement body - so the quesition is -

    Which National Enforce body should I approach?

    I was bound for Manchester, but the original of the issue arose in Beijing on a flight bound to Munich - therefore is the CAA (UK) or LBA (Germany)?
  • I should have said 'Thanks in advance' in the previous post. Apologies.
  • Neither. Technically it should be the chinese NEB but I doubt you'll get any support from that quarter so its an NBA then start a legal claim or hand it over to a NWNF company.

    Thanks for the reply and comments.
  • Had a flight from Heathrow to Ankara in May this year which went via Munich. Plane from Heathrow to Munich was delayed by 64 minutes (can't remember what the reason was - I think the plane was late arriving from somewhere else or something). However, this then meant we missed our Ankara connecting flight and had to stay overnight in Munich (only 2 flights from Munich to Ankara a day and ours was the second). We were supposed to get to Ankara about 11pm on the 4th May, but ended up getting there mid-afternoon of the 5th. Lufthansa did however pay for our hotel stay in Munich that night (but we obviously still had to pay for the hotel in Turkey for the night we weren't there).

    Not sure if I have a claim under this aspect: "Folkerts v Air France case C-11/11 Missed connection due to delay on first flight still qualifies for compensation if arrival is later than 3 hours"

    What do you think?
  • Vauban
    Vauban Posts: 4,736 Forumite
    First Anniversary Combo Breaker
    Had a flight from Heathrow to Ankara in May this year which went via Munich. Plane from Heathrow to Munich was delayed by 64 minutes (can't remember what the reason was - I think the plane was late arriving from somewhere else or something). However, this then meant we missed our Ankara connecting flight and had to stay overnight in Munich (only 2 flights from Munich to Ankara a day and ours was the second). We were supposed to get to Ankara about 11pm on the 4th May, but ended up getting there mid-afternoon of the 5th. Lufthansa did however pay for our hotel stay in Munich that night (but we obviously still had to pay for the hotel in Turkey for the night we weren't there).

    Not sure if I have a claim under this aspect: "Folkerts v Air France case C-11/11 Missed connection due to delay on first flight still qualifies for compensation if arrival is later than 3 hours"

    What do you think?

    Three hours to the "final destination" - which, if you bought a through ticket with a directly conncting flight, would entitle you to compensation.
  • Vauban wrote: »
    Three hours to the "final destination" - which, if you bought a through ticket with a directly conncting flight, would entitle you to compensation.

    Fantastic, thanks so much! We did buy through tickets. What's my next step?
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