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FlyerTalk Forums Thread Wiki: EU 261/2004 Compensation with AirBerlin
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Old Apr 21, 14, 2:03 am   #31
  
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In my case (cancelled HEL-TXL) Air Berlin did not wanted to pay and claimed that the cancellation was just a delay.
Only after I filed a "Mahnbescheid" (court order to pay), Air Berlin did transfer me EUR 632 onto my account. EUR 600 for EC261/2004 compensation and EUR 32 for the court fee.
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Old Apr 21, 14, 3:30 am   #32
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Housekeeping notice: I've merged two existing threads on this topic into one - the redirect that shows this will disappear in one day.

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Old Apr 23, 14, 11:38 am   #33
  
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Well they did not even bother replying to the "Mahnbescheid" sent by the solicitor. Only when they received the court notice tney paid up plus the legal costs
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Old May 8, 14, 10:43 am   #34
  
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Quote:
Originally Posted by kasuupo View Post
Hi,
Could somebody give me some guidance on how to claim the compensation from Air Berlin in the correct way ? I already posted a claim of 600€ per person via their customer queries on their webpages but should I have done this by attaching the official EU 261/2004 document filled in ?
Our family of 4 were on a flight from Berlin to Miami on March 8th. Somewhere above UK, the captain said we had to return to Germany because of technical problems in the plane. We ended finally in Munich and they re-routed us (after queing 4.5 hours at the AB counter at the airport for rebooking) for the following day with Lufthansa via Frankfurt to Miami. We arrived 24 hours later than scheduled. They kept telling us at the airport that we can claim compensation for this but nobody really told us how.

Anyway - so I send the request for compensation via their website but just want to make sure I didn't miss the essential - the official EU claim paper. Is that needed ? I assume they get all the details of our flight based on the bookingnumber etc. though. How long do you expect it to take before any response from Air Berlin? I got an confirmation by email that they have received my message but that of course was just an automated message.
Thank you in advance for your comments and help!
Today finally got an response from Air Berlin after sending another reminder of my claim through their website. The result was as expected:

"We regret that your flight did not take place as planned and we would like to apologize for the resulting inconvenience.
As an apology we will grant you a travel voucher in the amount of 250 EUR on your next reservation with us for a flight with airberlin and NIKI.
As soon as you submit the new booking number and your international bank details (name of the bank, IBAN and SWIFT codes) / (name of the bank, account no., routing no.) by fax (+49 / 30 / 3434 1909) or e-mail (gutscheineinloesung@airberlin.com) together with our reference XXXXXXXX we will credit your booking account accordingly.
Should you have booked your new flight as part of a package tour that includes transportation with airberlin and NIKI, we ask you to submit the booking confirmation and boarding passes after completion of your journey. Kindly include your bank details and we will retroactively process a transfer.
This voucher can be redeemed until 31/05/2016. Any form of resale is prohibited and does not entitle the buyer to claim the discount.
We look forward to welcoming you on board a future airberlin and NIKI flight.
Kind regards,
airberlin customer rervice"

So instead of compensating 600€ per person (we were 3 persons on this reservation), they offer in total a 250€ compensation from our next reservation (or so I interpret this answer). Not going to happen

So I guess the next step is then to contact one of the German lawfirms specialized in these cases and try my look there. From what I have read in previous posts, this haggling could on for ever if I now respond that this is not acceptable. Maybe a faster and better option is to pay a 25-30% comission to the lawfirm and have this thing over and done.
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Old Jul 20, 14, 4:57 pm   #35
  
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claim form

Claim form could be found here
https://www.airberlin.com/en/feedback/complaint
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Old Jan 21, 16, 10:46 am   #36
  
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5+ hour mechanical delay out of DUS. Requested my €600. Stated I wouldn't accept anything but the €600. Have been offered a €100 voucher. Stated it was inadequate and will "escalate" re German attorney if AB continues to balk at paying.

A couple points:

Tried to email and received customer@airbelin.com and received this response:
Fehler bei der Nachrichtenzustellung an folgende Empfänger oder Gruppen:

kundenservice@airberlin.com
Ihre Nachricht kann nicht übermittelt werden, weil die Übermittlung an diese Adresse eingeschränkt ist.

English via Goolge translate:

Error during message delivery to the following recipients or groups :

kundenservice@airberlin.com
Your message can not be delivered because the delivery to this address is limited.

German attorney:
Anyone have a recommendation? (just in case)

Can anyone file a Mahnbescheid? In other words, does it have to be an attorney or can I have do it myself? (have a friend in German do it for me). I guess I am asking if it's similar to small claims court here in the US.

Up thread I've read that fees were included in judgments. Does that include attorney's fees or just court costs?

Cheers -
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Old Jan 26, 16, 6:54 am   #37
  
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Quote:
Can anyone file a Mahnbescheid? In other words, does it have to be an attorney or can I have do it myself?
A Mahnbescheid can be done any human being.
Just print it out, sign it and send it to court (the court is named on the document).

The main advantage is that Air Berlin will take a closer look at your claim after they receive the court papers.
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Old May 23, 16, 2:23 pm   #38
  
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Wanted to come back a provide an update. 5 months later and the €600 is banked. Persistence. AB kept offering cr@ppy vouchers including lowering its offer amount after some rejections. Threatened filing a Mahnbescheid. Not sure why AB finally caved but it did.

Cheers
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Old May 31, 16, 7:41 am   #39
  
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I had a strange ticket today: CPH-DUS-TXL-DUS-CPH. When I arrived in DUS, TXL has been closed down due to a fog. When it reopened, there was no point for me to go to TXL. I went to transfer desk, and said that a delay of 3h20min is not good, and I need to cancel the trip and go back. With this delay I would have also missed my return leg TXL-DUS, and things could get complicated. They suggested I just wait for my return DUS-CPH and off loaded my from DUS-TXL-DUS.

In the end, I have just wasted a lot of time, and have not realized the goal of my trip (never reached TXL). Right now still waiting for DUS-CPH. Assuming that it will arrive on time, what are my rights?

I guess no compensation, because the weather was at fault. But can I get the fare (or part of the fare) refunded?

In the end the trip has not taken place, I opted for stopping it and going back. Where should I write? How to proceed?
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Old May 31, 16, 7:57 am   #40
  
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Hey guys,

Been reading this thread since I had a flight (AB8680 DUS-BLQ) cancelled by AirBerlin two weeks ago. This was done just when the boarding was about to start and no reason was given to us. I had to wait 3 hours in line to get accommodation and another flight (AB8882 DUS-FLR) the morning after. I submitted by expenses and two weeks later got a message back saying:

Quote:
Dear...,

Thank you for your correspondence dated 23.05.2016.

According to your comments we have annoyed you by not providing the expected or usual service. We understand that you are disappointed and kindly ask you to accept our sincere apologies on behalf of airberlin.

We know that you were looking forward to your flights as well as your journey and that you expect smooth procedure from booking to service on board.

Unpredictable events during airline operations are very annoying for us as well since such occurences require a complex adjustment of our flight rotation.

According to our flight documentation the flight could not be operated as scheduled due to exceptional circumstances.

We kindly ask for your understanding that we are not liable for possible consequential costs in such cases.

We, of course, understand the inconvenience you faced whilst waiting at the airport for which we wish to apologize. With this correspondence, we would like to grant you a travel voucher amounting to 53 EUR for your next flight on airberlin & NIKI.

The voucher may be redeemed until 31.05.2018 on all airberlin and NIKI operated flights.
I had expenses for taxis and meals due to the cancellation and they're offering me just a voucher for the money I spent and nothing for delaying my travel by 12h. That doesn't seem reasonable. Any thoughts on how to proceed?
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Old May 31, 16, 8:10 am   #41
  
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Apply for a Mahnbescheid against AB!
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Old May 31, 16, 11:29 am   #42
  
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Here is an interesting tool - plug in flight data and see what you are entitled to. The firm asks for info re name and email but fake names/accounts would probably work (you know, that yahoo account used to sign up for "stuff" only ).

https://www.bottonline.co.uk/flight-...ion/calculator

Cheers -
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Old Jun 1, 16, 2:29 am   #43
  
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Quote:
Well they did not even bother replying to the "Mahnbescheid" sent by the solicitor.
A solicitor cannot send a Mahnbescheid.
A Mahnbescheid is always sent by the court (Mahngericht).
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Old Jun 1, 16, 4:02 am   #44
  
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Quote:
Originally Posted by B0gdan View Post
Hey guys,

Been reading this thread since I had a flight (AB8680 DUS-BLQ) cancelled by AirBerlin two weeks ago. This was done just when the boarding was about to start and no reason was given to us. I had to wait 3 hours in line to get accommodation and another flight (AB8882 DUS-FLR) the morning after. I submitted by expenses and two weeks later got a message back saying:



I had expenses for taxis and meals due to the cancellation and they're offering me just a voucher for the money I spent and nothing for delaying my travel by 12h. That doesn't seem reasonable. Any thoughts on how to proceed?
You really shouldn't give up. AB is well known for its rude behaviour concerning passenger rights. I don't know in which country you are based, but there are several options for you: try a conciliation CLICK or take an attorney or try one of the internet tools like flightright, Fairplane, EUclaim
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Old Jun 1, 16, 7:11 am   #45
  
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Quote:
Originally Posted by Genesis321 View Post
You really shouldn't give up. AB is well known for its rude behaviour concerning passenger rights. I don't know in which country you are based, but there are several options for you: try a conciliation CLICK or take an attorney or try one of the internet tools like flightright, Fairplane, EUclaim
I'm residing in Germany.

I sent them a reply saying I won't accept their offer and that I will sent a Mahnbescheid in case they don't offer what I'm entitled to - the payment for my expenses in cash and a compensation for the cancelled flight. Let's see what they say.
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