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LH successfully sued pax for rebooking ticket 36 times and using the lounge each time

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LH successfully sued pax for rebooking ticket 36 times and using the lounge each time

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Old Jul 1, 2014, 1:56 pm
  #31  
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Originally Posted by aster
55 Euro, interesting.

Could I sue LH for not letting me into a lounge with a child and an infant for claiming that the infant is also a guest as part of my *G limit of 1 guest? Seems like I was denied my 55 Euro's worth (or actually 2x that).
You could try but would not succeed. Why should the infant not be a guest.

And further one needs to understand German procedural law to understand how the court came up with 55 Euro. Under German procedural law the court has the discretion to estimate a damage based on the facts pleaded. If LH pleaded a sound calculation the court has the discretion to accept this. If the other party even fails to contest such calculation, the court is even (in general) bound by such calculation.
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Old Jul 1, 2014, 2:15 pm
  #32  
 
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Originally Posted by mmff
Taking into account that he paid for the ticket and the rules of the airline allowed unlimited rebookings, I cannot see how anyone could prosecute him for inventory spoilage.

I cannot even understand how a court could rule in favor of LH in this whole case. The passenger was following the rules set by the airline and had a fully flexible (and very expensive) ticket.

If LH does not like its own rules and policy, the solution is quite simple: change them. Until then, rules are rules and this passenger did not break any.
As a lawyer, I agree, the passenger did nothing wrong. I'm sure he was not even present at the court, maybe that's why LH won.

Let's wait for the appeal!
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Old Jul 1, 2014, 2:55 pm
  #33  
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Originally Posted by DeterminedToUpgrade
Is anyone familiar enough with German law to offer an analysis of the legal soundness of this decision?
The judge is qualified to offer an opinion...
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Old Jul 1, 2014, 3:03 pm
  #34  
 
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The judge is qualified to offer an opinion...
Certainly, but I doubt anybody would argue that every judicial opinion ever issued has been sound. I don't know whether the defendant will appeal this decision, but it seems to me from my limited knowledge that he might have a chance.
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Old Jul 1, 2014, 3:29 pm
  #35  
 
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Although fare conditions allow unlimited changes, conditions of carriage might include a clause which allows LH to charge a fee in this case...
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Old Jul 1, 2014, 3:52 pm
  #36  
 
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Originally Posted by mmff
Taking into account that he paid for the ticket and the rules of the airline allowed unlimited rebookings, I cannot see how anyone could prosecute him for inventory spoilage.

I cannot even understand how a court could rule in favor of LH in this whole case. The passenger was following the rules set by the airline and had a fully flexible (and very expensive) ticket.

If LH does not like its own rules and policy, the solution is quite simple: change them. Until then, rules are rules and this passenger did not break any.
The problem with changing the rules after such extreme behaviour will probably mean that things need to be tightened up. That usually has unintended consequences, making lounge access or ticket changes for genuine passengers like you and me more difficult.

So, I'm all for a pragmatic approach by the court to give a warning to anyone trying this again, and not having to amend the rules to cover every possible case.
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Old Jul 1, 2014, 3:59 pm
  #37  
 
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Btw what would happen if the person would be *G, and bought a Y ticket instead of J?
This way its the FFP that is granting the lounge rights, so the Y ticket is not abused at all, just rebooked.
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Old Jul 1, 2014, 4:03 pm
  #38  
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I am afraid to fly Lufthansa lately (no pax "fraud" being tryed anytime) after the case when they charged my M&m account for "new" ticket after changing the ticket as effect of gate closing with no success on telephone claiming. They dare to charge the customers by cosmic fare, but not not able to protect from reve lounge usage. Horrific business behaviour.
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Old Jul 1, 2014, 4:58 pm
  #39  
 
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Originally Posted by RTW1
The Sky lounge in FRA should be accessible for a fee... no paid LH lounges, unless you consider this way to get in.
Wrong terminal.
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Old Jul 1, 2014, 5:06 pm
  #40  
 
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Given the sentiment on this thread, is this the wrong time to suggest that each FTer drink one extra pilsner each on their next visit to an LH lounge in protest?
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Old Jul 1, 2014, 5:11 pm
  #41  
 
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Why stop there? Let's open a thread on how to maximise lounge cost to LH in the shortest time possible. I nominate "Franz" (symbol: FR) as the common unit of measurement.
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Old Jul 1, 2014, 5:26 pm
  #42  
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Originally Posted by kanor
Btw what would happen if the person would be *G, and bought a Y ticket instead of J?
This way its the FFP that is granting the lounge rights, so the Y ticket is not abused at all, just rebooked.
Then you are at ask of having your account frozen, then account audit, forfeit all your miles in your FFP account, and your account closed permanently.
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Old Jul 1, 2014, 5:35 pm
  #43  
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Originally Posted by jjmoore
Or just limit lounge access to one entry to the lounge at each stopover, even if there is a ticket change. That would be pretty simple. Or just to be generous (because people do sometimes change reservations for legitimate reasons), allow one change (to a different date) with full lounge privileges.
You know MANY FTers are known to lounge hopping because we are *G right ?

We do lounge hop because of many reasons, as not every lounge has everything that we want, or one lounge is packed so much you can't even find a seat, or simply because of a long layover, but it is not enough to venture out to the city and back.

I think none of us would be happy about your suggest at all.
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Old Jul 1, 2014, 6:15 pm
  #44  
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Originally Posted by ORDnHKG
You know MANY FTers are known to lounge hopping because we are *G right ?

We do lounge hop because of many reasons, as not every lounge has everything that we want, or one lounge is packed so much you can't even find a seat, or simply because of a long layover, but it is not enough to venture out to the city and back.

I think none of us would be happy about your suggest at all.
I legitimately left The Wing at HKG while traveling on a CX F flight, because the wifi was simply not working to any level of satisfactory standard. I went to a different CX lounge, not to lounge hop but to find a lounge with working wifi. Limiting to one lounge per stopover, when multiple are available, would be a very bad move. Would I have had to formally complain that a service of the lounge was not satisfactory in order to switch to another lounge and be allowed in?
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Old Jul 1, 2014, 6:58 pm
  #45  
 
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Originally Posted by CalFlyer
..The court decided to compensate LH based on average costs, it seems.
Ehm nope .... just read Rambuster's post to find out what brilliant insight brought the judges to this decision.
Originally Posted by CalFlyer
..And Kudos to the judges, letting common sense prevail.
Have you been to an LH Biz lounge? It's more like the KrisFlyer Gold lounge ... not worth nearly 55 EUR.

Which makes the deed of this guy truly creepy, I have to concede that.
Originally Posted by Flying Lawyer
..And further one needs to understand German procedural law to understand how the court came up with 55 Euro..
Seriously? Now LH is also infallible when estimating its pricing? They speak ex cathedra for the courts?

So when LH asks for 745 EUR for this walking distance flight because it holds a monopoly then that's free market. But if a customer finds a valid loophole in the airline's offerings then violates some cryptic part of an agreement.
I wonder how the judges came up with the insight that the customer had no intention to fly .. ever. I bet not more than 3 minutes have been spent on that assessment.
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