Flight Delay Compensation, Lufthansa Only

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Comments

  • y2jammie
    y2jammie Posts: 28 Forumite
    Hi everyone – can someone advise on where I should proceed from the below response from Lufthansa who have offered me and the 3 other passengers a €100 voucher each…should I accept it or is it them trying to just get rid of me?


    We regret to learn of your disappointment with our response. However, we appreciate this opportunity to further address your concerns.

    We are pleased to provide you, Mr xxx, Mr xxx and Mr xxx with more information regarding your flight cancellation.

    Further to our investigation and as our internal records show, your flight LH3386 from Düsseldorf to London on 16 June 2012 was cancelled due to an earlier airport closure as a result of the need to remove a disabled aircraft at its previous location in Jersey, not Düsseldorf. Therefore, the aircraft scheduled to be used for your flight LH3386 was unable to leave the airport in Jersey. As explained, the decision regarding operating a flight due to an expected long delay after the closure time of the airport, depends exclusively on the Air Traffic Control department. This is something outside of Lufthansa’s influence and control. Please accept our sincere apologies for any confusion, misunderstanding and inconvenience that our previous correspondence may have caused you.

    We can appreciate the distress that this irregularity must have caused you but according to EC regulation 261/2004 airlines are not liable for cancellations caused by unforeseeable circumstances beyond their control and where all precautionary measures had been taken. In circumstances such as this, it is the responsibility of the airline to ensure that your Contract of Carriage is completed. Therefore, you were rebooked onto the next available flight in order to reach your destination as soon as possible.

    We realise this is not the response you were anticipating, however we hope for your understanding that we are obliged to adhere to the applicable regulations in this instance. However, we have taken the liberty of sending you, Mr xxx, Mr xxx and Mr xxx an e-voucher to the sum of EUR100.00 per person as a token of our apologies. The code can be redeemed online at https://www.worldshop.eu where you can choose to purchase a range of items from our exclusive online store*. Just enter your voucher code in ‘My Basket’ to pay for your items.
  • Ich_2
    Ich_2 Posts: 1,087 Forumite
    Or are they trying to imply that they were willing to operate the flight (though delayed) but they were prevented from doing so by ATC?
  • y2jammie
    y2jammie Posts: 28 Forumite
    Thanks for the view guys,

    I agree with Centipede in that there is still no real explanation of the measures that Lufthansa took to prevent this cancellation. They knew hours before the cancellation that their air craft would be in Jersey, and that they’d have at least 5 air craft available at Dusseldorf (I provided proof of this to them using LH flight schedules on that day in previous correspondence) but they chose not to use one.

    I’ve thanked them for their offer, but said due to the evidence that they had available air craft to provide the flight, a couple of hours notice to get another plane ready, and they would still have had that flight slot available to leave Dusseldorf and arrive in Heathrow that I don’t feel they have taken measures to prevent me being cancelled – and that it simply comes across as a cost saving exercise so they didn’t have to use another plane.

    I left it with them to provide me with the €250 compensation per passenger based on this evidence and said failure to provide it would leave me with no choice but to take legal action.

    Sound OK?
  • Mark2spark
    Mark2spark Posts: 2,306 Forumite
    First Post First Anniversary Combo Breaker
    y2jammie wrote: »
    Thanks for the view guys,

    I agree with Centipede in that there is still no real explanation of the measures that Lufthansa took to prevent this cancellation. They knew hours before the cancellation that their air craft would be in Jersey, and that they’d have at least 5 air craft available at Dusseldorf (I provided proof of this to them using LH flight schedules on that day in previous correspondence) but they chose not to use one.

    I’ve thanked them for their offer, but said due to the evidence that they had available air craft to provide the flight, a couple of hours notice to get another plane ready, and they would still have had that flight slot available to leave Dusseldorf and arrive in Heathrow that I don’t feel they have taken measures to prevent me being cancelled – and that it simply comes across as a cost saving exercise so they didn’t have to use another plane.

    I left it with them to provide me with the €250 compensation per passenger based on this evidence and said failure to provide it would leave me with no choice but to take legal action.

    Sound OK?

    Completely spot on.
  • kuepper
    kuepper Posts: 1,360 Forumite
    Name Dropper First Post First Anniversary Combo Breaker
    edited 14 March 2013 at 1:48AM
    I couldn't get anyone to take my case up for a fee so did it all myself as I didn't fancy the risk of having to pay costs if I lost in small claims or won at small claims and lost on appeal in higher court. I got the knockback from Luftansa initially and contacted german equivalent of CAA who said they couldn't help. I then contacted my MEPs (all 7 of them) only 3 (1 Lab 1 Con 1 LibDem) of whom replied and only one of them (Lab) offered to take my case up. She passed everything on to the UK European Consumer Centre http://www.ukecc.net/ (who I'd never heard of) and after several exchanges of info and a couple of months Lufthansa have agreed to pay up 600 euros.
  • alltrux
    alltrux Posts: 6 Forumite
    We are trying to get compensation for Delayed flights from Lufthansa, one from Frankfurt to Kiev,
    and the other from Frankfurt to Sofia, on different dates. After sending them two separate clains regarding these delays, we received two replies from them with these explanations:
    The flight from Frankfurt to Kiev was delayed ( by 11 hours) due to the night flights curfew over Frankfurt Airport
    ( although the flight departure time was 22.05 hrs, way before the 23.00 hrs curfew start).

    The flight from Frankfurt to Sofia ( delay about 7 hours) was a connecting one , original point of departure was Aberdeen to Frankfurt, with a changeover time of about 1 hour, Due to the fuel tanker being late at Aberdeen, this resulted in delay of about 15 mins, which meant that when we arrived to Frankfurt to get onto the other flight to Sofia, the flight was "closed"
    ( they didn't let us to board it, and we were then re-routed via Munich arriving late to Sofia).
    In response to Lufthansa explanations, we wrote another 2 letters, deal with each claim separately, pointing out to them that:

    Frankfurt to Kiev:
    1) we were not given a proper explanation about the delay apparently caused by 23.00hrs curfew at Frankfurt, since the departure time was 22.05 hrs
    2)The flight should have left in plenty of time before the 11pm curfew
    3) there were no circumstances outside of airlines control applicable in this case, such as Bad Weather, Industrial action, etc, since all the other flights were being able to depart and land

    Frankfurt to Sofia:

    1)The flight departure would not have been delayed if there was a procedure to counter such a situation,
    2) If there was such a procedure, this occurrence clearly demonstrates that that procedure wasn’t sufficient.
    3)The failure by a contractor or a supplier to deliver their service as agreed is not an “extraordinary circumstance”.
    4)The airline must allow sufficient time for the passenger to transfer between the connecting flights when selling tickets, even if there was a minor delay at the beginning of the journey. 5) There are no other applicable reasons which are “outside of airlines hands”

    It has been exactly 1 month, and we still haven't heard from them.

    What are our options?

    1- Starting a small court claim -£80 is a lot for us, but we are willing to invest it into getting the compensation. However, if we lose, would we need to pay THEIR court fees ( which probably would be thousands of £)?

    2- Pursue them via CAA- this route seems to offer mixed results, and would take months

    3- Use the UK European Consumer Centre option ( of which we were not even aware until today - we only found out about it thanks to this forum)

    Any suggestions please?
  • kuepper
    kuepper Posts: 1,360 Forumite
    Name Dropper First Post First Anniversary Combo Breaker
    edited 14 March 2013 at 5:43PM
    alltrux

    1- Starting a small court claim -Why risk having 000s of pounds awarded against you?

    2- Pursue them via CAA- I don't believe this is open to you with it happening in Germany, you have to complain to the German equivalent (LBA) http://www.lba.de and complete their form http://www.lba.de/SharedDocs/Downloads/Formulare/Z5/Formulare/Einheitsformular_261_pdf.pdf?__blob=publicationFile In my case they simply said they can't represent consumers and are only empowered to punish airlines

    3- Use the UK European Consumer Centre option - Following the LBA response I was referred to these. Free, risk-free and painless. It took a few frustrating months but got the result in the end.

    It's a no-brainer as Martin Lewis would say
  • alltrux
    alltrux Posts: 6 Forumite
    Thanks a lot kuepper,

    I was thinking along same lines, just wasn't too sure. Will fill out the complaint with ECC tonight.

    Thanks
  • Ich_2
    Ich_2 Posts: 1,087 Forumite
    Moving to page 1
  • Dave_TH
    Dave_TH Posts: 183 Forumite
    just wondering if I have a claim. aircraft was delayed leaving Stuttgart to Munich due to a problem at the airport was told an aircraft had gone off the runway LF promised that our connecting flight from Munich to Manchester would wait for us (both LF flights) arrived at Munich and rushed to the check-in desk to find the flight had already left, LF put us in a hotel and we flew the following day total delay was 12 hours.
    With them paying for the hotel plus taxis I am assuming they knew they where at fault otherwise why would they do this, whilst getting the hotel hundreds of other people where also given free hotels, they laid on buses and taxis.
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