10 hrs delay between FRA and MAA, what is the compensation?
#1
Original Poster
Join Date: Dec 2009
Posts: 44
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
I am a United Premier and the tickets were paid economy tickets.
Can someone advice?
Thank you
#2
FlyerTalk Evangelist
Join Date: Jan 2005
Location: VCE
Posts: 14,165
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
I am a United Premier and the tickets were paid economy tickets.
Can someone advice?
Thank you
#3
Join Date: Jan 1999
Location: Too many
Programs: Lots
Posts: 5,761
Uh, no. The OP is due much more compensation under EU 261.
#4
FlyerTalk Evangelist
Join Date: Jan 2005
Location: VCE
Posts: 14,165
#5
Join Date: May 2009
Location: Switzerland
Posts: 255
#6
FlyerTalk Evangelist
Join Date: Jan 2005
Location: VCE
Posts: 14,165
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.
#7
Join Date: Jun 2012
Location: NYC and Milan
Programs: LH SEN
Posts: 21
Had a similar situation and was offered 7500 miles... No cash.
See http://www.flyertalk.com/forum/miles...pensation.html
See http://www.flyertalk.com/forum/miles...pensation.html
#8
Original Poster
Join Date: Dec 2009
Posts: 44
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.
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.
#9
Join Date: Apr 2009
Posts: 552
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;
#10
Join Date: Apr 2009
Posts: 552
Had a similar situation and was offered 7500 miles... No cash.
See http://www.flyertalk.com/forum/miles...pensation.html
See http://www.flyertalk.com/forum/miles...pensation.html
#11
Join Date: Jun 2012
Location: NYC and Milan
Programs: LH SEN
Posts: 21
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...
#12
Join Date: Apr 2009
Posts: 552
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.
#13
How does an example where you counter one case that is lost with one case that is won make it a clear cut case?
#14
FlyerTalk Evangelist
Join Date: May 2000
Location: Little dot in Asia
Programs: AA-EP, TK-*G, HL-DM, HY-GLO, MR-LTP
Posts: 25,932
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
I am a United Premier and the tickets were paid economy tickets.
Can someone advice?
Thank you
http://www.euclaim.co.uk/
#15
Original Poster
Join Date: Dec 2009
Posts: 44
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.