FlyerTalk Forums - View Single Post - Downgrade Compensation Question/Issue
View Single Post
Old Feb 1, 2017, 10:17 pm
  #6  
RhubarbPie
 
Join Date: Dec 2012
Posts: 335
Originally Posted by SQ325
I suggest that you get legal advise. Your case seems complex, the root cause of the delay is the initial flight op by LH which caused a chain reaction. You may be also entitled to claim compensation for your delay from LH.
I may have made some headway with the SQ head office today, so I'll hold off on seeking counsel just yet. LH delay unfortunately was weather-related so no compensation would be due...

Originally Posted by Often1

EC 261/2004 is payable by the operating carrier. In both instances, that is LH. The LH delay xPRG caused a delay of 24+ hours into OP's final ticketed destination of PHL (although he apparently accepted EWR). That entitles OP to EUR 600 in cancellation (delay) compensation.
We will get delay compensation so no use harping on the subject but Ive heard differing opinions/stories re: whether EC261 applies to the itinerary in full or applies to the circumstances involving individual segments independently of the rest of the itinerary. It seems like the law is vague on this point so no one really has an answer.

In addition, OP held an F ticket and LH acommodated him in J. As this was an LH ticket in the first place, SQ has nothing to do with it and what SQ believes about it being a J ticket in the first instance is irrelevant as LH knows from its own records that it was an F ticket. What SQ promised OP is also irrelevant except to the extent that OP wants to fight with SQ. But, that is outside of EC 261/2004 as SQ was not the operating carrier of the downgraded flight.
I'll wait to see what SQ says but LH simply re-accommodated us. Yes, they were ultimately the operating carrier, but had nothing to do with the incident. I am not an expert, but I suppose I interpret the law to mean the operating carrier at the time of the delay/cancellation/etc. Not the operating carrier that ultimately 'helps out' to get the passenger on their way.

Lastly, LH has an obligation to get OP to PHL. Thus, while likely relatively minor in the larger picture, LH should also reimburse OP the cost of his Amtrak or other ground transport from EWR.
Funny you should mention. We did have an onward flight to PA (not PHL - but it was fine. The new destination would have worked out), however to top off the sh*t show, when we arrived at EWR, we found out that our onward flight was delayed by almost 5 hours and the UA GA told me it would likely be cancelled but she didn't know for sure. I had onward travel the following day (which I had already pushed back a day due to being stuck in FRA overnight) and absolutely could not risk being delayed for another day. All of our luggage had also been left in FRA. Awesome. So we rented a car and drove back to PA, with the knowledge that we would likely never get reimbursed for it ever by any of the various carriers who contributed to the journey.

Anyhow, while Im not getting my hopes up, I received communication from SQ head office today that seemed to suggest things were maybe moving in the right direction. Will post the outcome when I have it!
RhubarbPie is offline