Miles & More (Lufthansa, Austrian, Swiss, and other partners) - 10 hrs delay between FRA and MAA, what is the compensation?

My wife and I missed our flight between FRA and MAA. We boarded our first Lufthansa flight in the morning, which got delayed due to technical issues and could not catch the connecting flight. We were booked in Emirates and arrived the next morning after 10hrs delay. I have written to Lufthansa customer service and we are offered $100 in total for this. Is this a reasonable compensation?
I am a United Premier and the tickets were paid economy tickets.
Can someone advice?
Thank you

My wife and I missed our flight between FRA and MAA. We boarded our first Lufthansa flight in the morning, which got delayed due to technical issues and could not catch the connecting flight. We were booked in Emirates and arrived the next morning after 10hrs delay. I have written to Lufthansa customer service and we are offered $100 in total for this. Is this a reasonable compensation?
I am a United Premier and the tickets were paid economy tickets.
Can someone advice?
Thank you

In this situation I think you are lucky to get $100. It is unfortunate, however if the delay was technical and you were put on a flight which allowed you to arrive as quickly as possible- you should take what was offered.

In this situation I think you are lucky to get $100. It is unfortunate, however if the delay was technical and you were put on a flight which allowed you to arrive as quickly as possible- you should take what was offered.

Uh, no. The OP is due much more compensation under EU 261.

Uh, no. The OP is due much more compensation under EU 261.

The delay was due to a missed connection. EU261 is not going to help. The "Uh, No' though is particularly well appreciated here. Cheers and thanks.

The delay was due to a missed connection. EU261 is not going to help. The "Uh, No' though is particularly well appreciated here. Cheers and thanks.

Then you know much more than the ECJ. Exactly that question is currently under review there.

Then you know much more than the ECJ. Exactly that question is currently under review there.

The OP has been offered a $100. This is more than even LH own frequent flyers are offered. I would take the money and be done with it.

If the OP still wants to fight a claim with the EU reg good luck- I don't think they will get anywhere- and if LH put the OP on the next possible flight to arrive in Chennai which wasn't even on a STAR carrier I would say LH did all they could.

Missing a connection due to a technical delay of an incoming aircraft for a connection to a non-EU country is hardly what the EU reg set out to protect against.

I have missed connections at both FRA and MUC and been put on flights the next day if they are too longhaul destinations- it happens- that is part of flying- to ask for compensation would really be a bit much in this situation other than any actual out-of-pocket expenses incurred as a direct result of the action.

Had a similar situation and was offered 7500 miles... No cash.

See http://www.flyertalk.com/forum/miles-more-lufthansa-austrian-swiss-other-partners/1363512-lost-connection-because-crew-error-compensation.html

Thank you for everyone's response. If I come to the airport late due to some unavoidable circumstance, I would lose substantial amount of the ticket or may be the entire ticket value, but if it is airline's fault, then the compensation of $50 per person should be acceptable.... Lufthansa has its guidelines defined under EU 261 and clearly overlooks it.
My flight started from BHX and then connected to FRA-MAA, so this is a situation that happened within the EU, although my original ticket was bought here in the US through travel agent. I want to get the right compensation, whatever it is, I should not have to beg for it.

Missing a connection due to a technical delay of an incoming aircraft for a connection to a non-EU country is hardly what the EU reg set out to protect against.

Really! I beg to differ.

The OP suffered a long delay (in excess of 3 hours) in arriving at their final destination (MAA). Since this was on a flight departing the EU, 261/2004 governs the situation.

The Sturgeon judgement extended the right to compensation to passengers "where they suffer, on account of a flight delay, a loss of time equal to or in excess of three hours, that is, where they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier. Such a delay does not, however, entitle passengers to compensation if the air carrier can prove that the long delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, namely circumstances beyond the actual control of the air carrier."

Article 5(3) of Regulation No 261/2004 must be interpreted as meaning that a technical problem in an aircraft which leads to the cancellation or delay of a flight is not covered by the concept of ‘extraordinary circumstances’ within the meaning of that provision, unless that problem stems from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control.

It appears that according to precedent case law that the OP is due compensation for the delay. In case you doubt that missed connections are covered by the Reg, you might like to examine the definition of 'Final Destination' stated in 261/2004:

(h) "final destination" means the destination on the ticket presented at the check-in counter or, in the case of directly connecting flights, the destination of the last flight; alternative connecting flights available shall not be taken into account if the original planned arrival time is respected;

Had a similar situation and was offered 7500 miles... No cash.

See http://www.flyertalk.com/forum/miles-more-lufthansa-austrian-swiss-other-partners/1363512-lost-connection-because-crew-error-compensation.html

I already commented in that thread that the law is on your side vis-a-vis compensation due to your delay...

I already commented in that thread that the law is on your side vis-a-vis compensation due to your delay...

I remember. However, another person replied that EU261/2004 does not cover connections. I have the feeling that, in the end, it's a matter of wanting to go to court or not...

I remember. However, another person replied that EU261/2004 does not cover connections.

So having read my post on your thread quoting a case where the judge clearly accepted connections are covered, and my post explaining this above, you still don't sound convinced...

I have the feeling that, in the end, it's a matter of wanting to go to court or not....

You are absolutely 100% correct, airlines almost never pay up compensation even when its a clear cut case, leaving most claimants to issue proceedings or walk away.

So having read my post on your thread quoting a case where the judge clearly accepted connections are covered, and my post explaining this above, you still don't sound convinced...

How does an example where you counter one case that is lost with one case that is won make it a clear cut case?

My wife and I missed our flight between FRA and MAA. We boarded our first Lufthansa flight in the morning, which got delayed due to technical issues and could not catch the connecting flight. We were booked in Emirates and arrived the next morning after 10hrs delay. I have written to Lufthansa customer service and we are offered $100 in total for this. Is this a reasonable compensation?
I am a United Premier and the tickets were paid economy tickets.
Can someone advice?
Thank you

Let them do the work for you. It may be a while before you get anything though..

http://www.euclaim.co.uk/

I am surprised: missed connection is something that happens with all the airlines and all over the world. A major airline like Lufthansa should have clear guidelines and should be able to follow it with every customer in the appropriate category (economy/business/first). This should not have to vary significantly from one person to the other.

@ Guy Betsy: Since the incident took place more than a month back, I have emailed euclaim.co.uk to see if they can help me and what I need to do.
Thanks

How does an example where you counter one case that is lost with one case that is won make it a clear cut case?

I countered with a case that was won against only a statement from the German LBA, not a case that was lost!

Anyway why not leave aside the references to the case and its outcome and examine the wording of the Sturgeon judgement and the definition of 'final destination' in the Regulation I posted above.

Add Recitals (1) - (4) of the Regulation to the mix. These were cited in the Sturgeon judgement as indicative that the Regulation "seeks to ensure a high level of protection for air passengers regardless of whether they are denied boarding or whether their flight is cancelled or delayed, since they are all caused similar serious trouble and inconvenience connected with air transport". It continues in the following para in Sturgeon that "the provisions conferring rights on air passengers, including those conferring a right to compensation, must be interpreted broadly".

What conclusion would you come to after reading the above?

A 100 bucks plus better seats, better food and better AVOD on Emirates is quite a good compensation.

So your options are:

1. Take the published view of LBA (the German Government organisation responsible for enforcing EU261 within Germany) that missed connections are not covered by EU261 and take the USD100 offered.

2. Take the published view of the UK Civil Aviation Authority (after a high court case brough by BA), that delayed flights CURRENTLY do not justify any compensation (just duty of care which you received), and take the USD100 offered.

3. Take legal action in Germany (not possible in UK due to point 2 above) and argue that missed connections should be covered, and even if both your booked flights do not justify any compoensation (including the ECJ Sturgeon judgement) the law should consider the E2E journey. Take your case to the European Court iof Justice and blaze a legal trail for the rest of us! I'm no legal expert, but I reckon you would lose all the way until the ECJ where they may be crazy enough to rule in your favour!

The regulation is a mess.... I heard it was going to be reviewed and updated this year - I hope they make a better job of it!

So your options are:

1. Take the published view of LBA (the German Government organisation responsible for enforcing EU261 within Germany) that missed connections are not covered by EU261 and take the USD100 offered.

2. Take the published view of the UK Civil Aviation Authority (after a high court case brough by BA), that delayed flights CURRENTLY do not justify any compensation (just duty of care which you received), and take the USD100 offered.

3. Take legal action in Germany (not possible in UK due to point 2 above) and argue that missed connections should be covered, and even if both your booked flights do not justify any compoensation (including the ECJ Sturgeon judgement) the law should consider the E2E journey. Take your case to the European Court iof Justice and blaze a legal trail for the rest of us! I'm no legal expert, but I reckon you would lose all the way until the ECJ where they may be crazy enough to rule in your favour!

The regulation is a mess.... I heard it was going to be reviewed and updated this year - I hope they make a better job of it!

1. This is only a view and that view runs counter to both the wording and intention of the Regulation as discussed above.

2. The published view of the UK CAA is not quite as you have stated:

Compensation for delay

If your flight was from within the European Union (EU), or to a EU airport on an EU airline you may be entitled to an automatic fixed amount of compensation for delayed flights based on the legal compensation levels for flight cancellations. This will depend on the length of the delay.

The position in the UK

This right to compensate for flights delayed more than three hours is not set out specifically in Regulation EC261/2004, but follows a Court of Justice of the European Union1 (CJEU) ruling on the Regulation on 19 November 2009.

However, on 10 August 2010 the Administrative Court of the High Court of Justice in the UK ordered, on the application of a number of airlines, that questions relating to the November 2009 ruling be referred to the Court of Justice of the European Union. In doing so, it placed a “stay” on further court proceedings in the UK whose aim would be to try to make airlines pay compensation in line with the ruling. The stay will remain in place until the CJEU has ruled on the questions referred by the Administrative Court. The Advocate General of the CJEU has published his opinion on the case which supports compensation for delay. We now await judgment from the CJEU which is due in September 2012. If the CJEU judgment follows the Advocate General’s opinion, the CAA would then be able to raise claims for delay with airlines.

We would advise applying for compensation for your delay from the airline and retaining copies of documentation. You may only receive compensation from an airline if the court case is decided in favour of passengers.

3. It will not be possible for the OP to take action in the UK until the stay has been lifted following the judgement in the Autumn. Although I am not familiar with the legal situation in Germany, I am reasonably certain that since the ECJ joined both the UK High Court referral case with that of a referral from the Amtsgericht Köln that an efferctive 'stay' also applies in Germany.

To note, it would not be for the OP to take his claim to the ECJ in any case. Claims may be referred to the ECJ by the National courts where they perceive the law to be unclear or require clarification. I haven't yet seen a case referred to that learned body which involves clarification on connecting flights, probably because the lawyers on both sides are agreed what the meaning and intention of the Regulation...

The Regulation is indeed being reviewed currently and I have heard from both parts of the divide that compensation for delays will be incorporated into the revised law.