Old Dec 5, 18, 5:47 am
  #12  
Fabo.sk
 
Join Date: Jul 2015
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Originally Posted by Often1 View Post
This was a flight on a non-EU carrier between two points outside the EU, e.g., SIN and ZRH. Thus, EC 261/2004 only applies to the extent provided in Swiss law. Switzerland enacted the Regulation as Swiss law but has not adopted some of the more "artful" interpretations of the CJEU which exercises no supervisory or precedential authority over Swiss law.
Swiss is a community carrier. Otherwise the regulation would not apply at all, since this would be flight from outside EU.

The application of CJEU rulings is a separate matter.

Originally Posted by chris63 View Post


My understanding is OP had a LX ticket LON-SYD return, since LX flight cancellation caused OP to get back to LON 24 hrs late, why cannot the OP make the EU261 claim in U.K. against LX.

Really, since LX & LH tickets on routings like this usually cost the same & LH follows EU261 rulings ( grudgingly ) itís a reason to avoid LX....


Originally Posted by Nick Art View Post
The whole journey counts. While LX is a non EU carrier and a technical issue is regarded as extraordinary under Swiss law, it is not under EU law. Hence I would threaten to sue them in the UK (EU law) in which you should be eligable for compensation.
We did have some similar reports situation here, regarding delays, where the arguments were the same and that OP eventually received their compensation.
Originally Posted by chris63 View Post


You have my full sympathy & I completely agree that itís unacceptable to be treated like this as SEN.

I would go back to them & point out U.K. is still in the EU & the Courts fully recognise EU Court rulings on EU261 & nothing that happened in your case is extraordinary. Tell them pay up or see you in Court & remind them itís not an appropriate response to a SEN.

LX SEN email address is. [email protected]

Good luck & do let us know the outcome
I agree that claiming in the UK court system might have a better result.

Originally Posted by mywaterbroke View Post
Thank you Chris. My routing was indeed LON-SYD return, booked via Swiss directly. The cancellation on the way back was a big inconvenience and I arrived in LON one day late (24h+). Informed of the cancellation one day prior to travel, no reasons for the cancellation given (until I submitted my claim), no support with hotel booking for the extra night in SIN, wasnít communicated my rights as a result of the cancellation, rerouted directly to LON instead of ZRH, moved me around from one airline (LH) to another (LX) after Iíve already checked in without informing me in advance.. all I got from them was the standard apology for the inconvenience caused and now the Ďyou donít qualify for compensationí bs. Youíd expect at least some attention given to a SEN during IRROPS but In my case it was a complete, unapologetic, mess.
I do plan to claim in the UK under EU261 as you suggest and will take them to court if necessary.
Funny enough I had another LON-SYD routing booked with them in C/J for January. I cancelled that now and rebooked with OS/TG and SQ/LH instead. I wonít bother with LX on non-EU flights anymore. This loophole and how itís being exploited by them is absurd. Shame!
One has to wonder, whether LX is not losing more by not paying out...

I'm also wondering, whether it would be potentially useful to claim IDB compensation from Lufthansa. You were checked in, after all.
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