diamantaire

Hi ,

recently (18th may) my parents had a tkt for dxb lx243 - zrh LX786 -bru
The flight from dxb took off late due to technical reasons. Eventually they missed lx786 due to the massive delay & were rerouted dxb-zrh-gva-bru & arrived at bru close to 4 hours after the scheduled time.

I wrote a letter on their behalf to lx . I get a reply delay due to weather conditions. I replied back informing them that the same night i flew dxb -lhr-bru & in dxb , bru, zrh or mct there were no weather delays . they replied back saying they were under no obligation to pay out compensation but as a goodwill gesture offered a 150 euro lx voucher between the 2 pax in the name of my mother. i then reply that i believe i am entitled to 600 euros & as my mother does not fly lh group anymore. I get a nasty reply saying this ia all we have to offer to bank transfer & this is our last mail as this case is closed for us.

Should i proceed with a lawyer or should i proceed with a claim website no win no fees basis ?

YuropFlyer

If you know a lawyer that will take the case, it's best to go this way, as you'll get 100% (the lawyer fees will also have to be paid by LX) - from what I understand, LX will chicken out before any process.

Aren't your parents entitled for 400€ pP, ie 800€?

diamantaire

Thanx for your reply , but I believe they are entitled to 600 euros as the delay was more than 3 hours for a distance of more than 3500 km & for a flight outside europe.

YuropFlyer

Oops, I read miles and my brain made kilometres out of it. Silly imperials

Of course it's 600€ pP. I thought you meant 600€ for both of them totally.

LX only offering 150€ total when they're due 1200€ is really a shame. I've biten when they've offered me fair compensation (200 CHF instead of 250€) and I could have used the voucher, as it wasn't worth the hassle, but in your case, I would definitely get some professional help to claim what is yours.

diamantaire

I am putting a paste of the quote :


"As a token of our appreciation and a gesture of goodwill, I have enclosed a SWISS travel voucher to the value of EUR150 with this letter. You are welcome to use this voucher when you book your next flight on SWISS.com. "

They accept the flight being late due to technical reasons despite the fact that it arrived 5 min before the scheduled time of arrival from mct.

I think I shall lawyer up , as i dont want to beg for something I am entitled to . Had they transferred 400 euros each . I would have accepted it.


Any one have suggestions for a lawyer based out of Belgium?


Thanx

Often1

1. The claim will need to be pursued by OP's parents, not OP. He can help them, but cannot be the signatory.

2. This is a claim based on Switzerland having adopting EC 261/2004 as Swiss law, but it is nonetheless a claim for a non-EU carrier originating outside the EU (both as to origin & connection). It cannot likely be filed in Belgium, but will rather need to be filed in Switzerland because the claim is made under Swiss not EU law.

3. Bear in mind that the only possibility of collecting legal fees is if OP's parents win. If they do not, they do not collect. Be careful of this before spending your money.

diamantaire

I from what I understand ec261/2004 is applicable to all airlines operating from /to EU .
Also the case can be filed against lx in bru with the EC . I do understand I am not a signatory , I am only handling their correspondence. I sent the registered letters & mails from the parents email & home address. I think it can be filed in BE as they arrived in BE more than 3 hours late.

SK AAR

I think your problem will be to find a lawyer who is prepared to take on the case and only be paid fees awarded as legal costs from LX. No chance... You need to contact a collection agency and let them keep 25% if you will not do the work yourself.

Often1

You are incorrect and that is the problem.

EC 261/2004 applies only to community (EU) carriers operating to/from the community (EU). It also applies to all carriers operating outbound from the EU.

Switzerland has chosen to enact the language of EC 261/2004 into Swiss law.

Your parents' flight was on a non-EU carrier not operating from the EU and thus the Swiss-enacted language of EC 261/2004 applies to the Swiss carrier operating x Switzerland.

But, you are free to file in Belgium and find out for yourself if it works ! As others note, make certain that you understand that you will only collect legal fees when and if you win.

hugolover

I've had a look and internally it is listed as "aircraft defects" so you are right in thinking that LX are lying to you.

I believe there might be an easier way claim than needing to issue it in CH. I would have thought there is some kind of legal entity within a EU Member State you could issue a claim against as that is how it works when you want to sue a non-EU carrier like Delta. In that case for flights from the EU to the US.

Perhaps the CAA in Belgium would hold their information.

The official line is that you first take your claim to the Swiss NEB for matters like this.

8420PR

In your position I would go with a claims agency.

There are plenty of threads on EU261 issues with LX/LH due to delays or missed connections (i.e. outside of the scope of the original wording), and only one poster who says he has been successful (but never provides details when asked). My conclusion = limit your exposure to potential legal costs (where at least in Germany an initial consultation with a lawyer - even by phone - will be chargeable!).

Example threads:
http://www.flyertalk.com/forum/lufth...-merged-8.html

and

http://www.flyertalk.com/forum/swiss...y-swiss-2.html

The exception to this would be if there is a small claims process like in the UK, where no lawyer is needed and costs are not charged to the loser. Have a look on the BA board for their compensation thread.

diamantaire

Thanx a lot for the guidance.
have found a free lawyer in Brussels shall call them up , also spoke to claim it (www.claimit.be) they charge 25% +vat comes to about 31%.

I am gonna ask the lawyer to file2 different cases & he can then charge lx the fees for 2 cases. If i take an agency then i am sure they shall charge lx twice.

hugolover

Please report back what happens and how he will establish the claim. It is very interesting for me!

diamantaire

Yesterday I spoke to www.eccbelgium.be a law firm who works free of charge , they believe I have a case but do not want to fight it out against lx .
Then i contacted www.claimit.be who also are no win no fees basis . but if i do win shall take abt 31% of the amount which is fine for me . They believe i do have a case & today i shall send out the authorization forms to them.
they believe it can take anywhere between a few weeks to a few months.
Shall post updates as i have more info.

weero

You mean like European banks can only be taken to court in their country of origin?

LX can be dragged to justice anywhere where they do sell tickets. It is just easier in a country where the courts have some experience with EC261. So Belgium will definitely be fine for this.