FlyerTalk Forums - View Single Post - LH successfully sued pax for rebooking ticket 36 times and using the lounge each time
Old Jul 2, 2014 | 3:19 am
  #58  
gum
 
Join Date: Sep 2004
Location: Southern Bavaria, Germany
Programs: LH Blue, BA Blue, Hyatt Gold
Posts: 1,517
Originally Posted by DeterminedToUpgrade
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.
This is a really interesting case. IMHO the key point of the decision is whether the passenger really wanted to use the paid air ticket or not.

If the court is convinced that this is some type of "Eingehungsbetrug" (fraudulent pretense) then pleading for guilty and the corresponding court decision is really fine. And it is exactly the type of court decisions which is needed for the purpose of general prevention. ^

Other posters have demanded changes of the T&C of Lufthansa.

If I would be a judge I would make a slightly different ruling. Sure that Lufthansa gets their invoice paid - even if they would have appeared at my court.

But furthermore I would have asked the federal prosecutor if there is a criminal act involved.

The incurred lounge visit costs of 55 Euro are not the full sum of the damage. What is about the flight safety fee ? BTW the passenger was searched 36 times before entering the secure area.

The costs for the rebooking or the inventory spoilage?

[irony]
On the other hand I wouldn't be surprised if the culprit will only pay the bill if he would get Miles&More award miles.

Corresponding to the equivalent value of a World Shop Order!
[/irony]
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