Delay compensation
Oct 11, 2012, 6:43 am
#16
Join Date: Aug 2004
Programs: Marriott Plat
Posts: 946
They sent the acknowledgement of receipt by email a month ago, saying: "Your file reference number guarantees that your file is being processed and that you will receive an unsolicited reply". However, no reply as of today. I also mailed a paper letter requesting compensation with this form attached, on September 11th - no response yet.
I'll wait another week, and then send a complaint to the National Enforcement Body (Luftfahrt Bundesamt).
I'll wait another week, and then send a complaint to the National Enforcement Body (Luftfahrt Bundesamt).
Oct 17, 2012, 5:39 am
#17
Join Date: Aug 2004
Programs: Marriott Plat
Posts: 946
I sent my original complaint on 9/27 and just got the form letter ("Our Department Customer Relations looks after a wide range of different customer queries and requests. We fully understand that you wish your query to be processed in a timely manner. We endeavor to review customer requests in an individual and timely manner. At this time, we are experiencing a high volume of customer requests, regrettable causing longer handling times for which we would like to sincerely apologise in advance.").
We sincerely regret any inconvenience caused by the delayed performance of your flight. Please accept our apologies.
We have taken the opportunity to investigate your issue. Kindly let us explain:
According to the letter of European Directive 261/2004 underlying your claim, an entitlement to compensation is not provided for.
Furthermore, following the jurisdiction of the European Court of Justice, a carrier is not liable for adjustment payments if the irregularity was caused by exceptional circumstances beyond the responsibility of the carrier. In certain cases, technical malfunction of flight equipment can be considered an exceptional circumstance.
A possible interpretation of EUVO 261/2004 with regard to an entitlement is increasingly questioned by German and international jurisdiction.
This particularly applies with regard to the Montreal Convention, ratified within all EC member states, that was passed as a law for standardisation of air traffic regulations by the German Bundestag in 2004. Here, carrier liability for damage resulting from delayed arrival of a flight is statutorily regulated. Non-compensatory claims of a penalizing nature are excluded hereafter.
Various German courts (including Bundesgerichtshof, Landgericht Köln, Amtsgericht Köln and Amtsgericht Nürtingen) have suspended the respective lawsuits against this background. In Great Britain, the High Court suspended proceedings regarding this matter in a landmark court decision. A revised procedure is being processed by the European Court of Justice.
On this account, we ask for your understanding that, at this time, we cannot arrange compensatory payment in the case at hand.
In the light of current juristic conditions and the pending lawsuit at the European Court of Justice we would like to offer you the following as a gesture of goodwill and without acknowledgement of legal obligation:
With this correspondence, as an amicable settlement, we would like to grant you a discount of 2400 € (600 € p.p.) on your next reservation with us for a flight with airberlin and NIKI.
As soon as you submit the new booking number and your international bank details (name of the bank, account no., routing no.) by fax (+49 / 30 / 3434 1909) or e-mail ([email protected]) together with our reference xxx we will credit your booking account accordingly.
This voucher can be redeemed until 31.10.2014. Any form of resale is prohibited and does not entitle the buyer to claim the discount.
At this time, we would once again like to ask you to accept our apologies. We look forward to welcoming you on board a future airberlin and NIKI flight.
We have taken the opportunity to investigate your issue. Kindly let us explain:
According to the letter of European Directive 261/2004 underlying your claim, an entitlement to compensation is not provided for.
Furthermore, following the jurisdiction of the European Court of Justice, a carrier is not liable for adjustment payments if the irregularity was caused by exceptional circumstances beyond the responsibility of the carrier. In certain cases, technical malfunction of flight equipment can be considered an exceptional circumstance.
A possible interpretation of EUVO 261/2004 with regard to an entitlement is increasingly questioned by German and international jurisdiction.
This particularly applies with regard to the Montreal Convention, ratified within all EC member states, that was passed as a law for standardisation of air traffic regulations by the German Bundestag in 2004. Here, carrier liability for damage resulting from delayed arrival of a flight is statutorily regulated. Non-compensatory claims of a penalizing nature are excluded hereafter.
Various German courts (including Bundesgerichtshof, Landgericht Köln, Amtsgericht Köln and Amtsgericht Nürtingen) have suspended the respective lawsuits against this background. In Great Britain, the High Court suspended proceedings regarding this matter in a landmark court decision. A revised procedure is being processed by the European Court of Justice.
On this account, we ask for your understanding that, at this time, we cannot arrange compensatory payment in the case at hand.
In the light of current juristic conditions and the pending lawsuit at the European Court of Justice we would like to offer you the following as a gesture of goodwill and without acknowledgement of legal obligation:
With this correspondence, as an amicable settlement, we would like to grant you a discount of 2400 € (600 € p.p.) on your next reservation with us for a flight with airberlin and NIKI.
As soon as you submit the new booking number and your international bank details (name of the bank, account no., routing no.) by fax (+49 / 30 / 3434 1909) or e-mail ([email protected]) together with our reference xxx we will credit your booking account accordingly.
This voucher can be redeemed until 31.10.2014. Any form of resale is prohibited and does not entitle the buyer to claim the discount.
At this time, we would once again like to ask you to accept our apologies. We look forward to welcoming you on board a future airberlin and NIKI flight.
Oct 17, 2012, 9:46 am
#18
Join Date: Nov 2009
Location: TXL, MUC
Programs: OW Sapphire
Posts: 26
From the Oct 04 2012 ruling of the ECJ (Case C‑22/11):
"On those grounds, the Court (Third Chamber) hereby rules:
1. The concept of ‘denied boarding’, within the meaning of Articles 2(j) and 4 of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, must be interpreted as relating not only to cases where boarding is denied because of overbooking but also to those where boarding is denied on other grounds, such as operational reasons.
2. Articles 2(j) and 4(3) of Regulation No 261/2004 must be interpreted as meaning that the occurrence of ‘extraordinary circumstances’ resulting in an air carrier rescheduling flights after those circumstances arose cannot give grounds for denying boarding on those later flights or for exempting that carrier from its obligation, under Article 4(3) of that regulation, to compensate a passenger to whom it denies boarding on such a flight."
"On those grounds, the Court (Third Chamber) hereby rules:
1. The concept of ‘denied boarding’, within the meaning of Articles 2(j) and 4 of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, must be interpreted as relating not only to cases where boarding is denied because of overbooking but also to those where boarding is denied on other grounds, such as operational reasons.
2. Articles 2(j) and 4(3) of Regulation No 261/2004 must be interpreted as meaning that the occurrence of ‘extraordinary circumstances’ resulting in an air carrier rescheduling flights after those circumstances arose cannot give grounds for denying boarding on those later flights or for exempting that carrier from its obligation, under Article 4(3) of that regulation, to compensate a passenger to whom it denies boarding on such a flight."
Oct 17, 2012, 12:14 pm
#19
Original Poster
Join Date: Feb 2010
Location: YVR
Posts: 1,465
Interesting. I still have not received a reply to my email of August 23, and to my letter by mail of September 11th. I would have taken the 600 euro credit had they offered it. I have now sent the complaint to LBA. If I receive nothing from airberlin, I'll find a way to go to a German court. That would be interesting.
Oct 17, 2012, 3:46 pm
#20
Join Date: Aug 2004
Programs: Marriott Plat
Posts: 946
Oct 23, 2012, 2:22 am
#21
Join Date: Apr 2009
Posts: 552
Full judgment here: http://eur-lex.europa.eu/LexUriServ/...CJ0581:EN:HTML
Last edited by Centipede100; Oct 23, 2012 at 3:42 am
Dec 17, 2012, 8:34 am
#24
Join Date: Aug 2004
Programs: Marriott Plat
Posts: 946
FWIW, I heard back from AB (after filing complaints with the DOT and German LBA). While they haven't indicated if they're going to pay, they're now asking for my bank account information which I assume is good news.
Dec 18, 2012, 7:10 am
#25
Join Date: Aug 2004
Programs: Marriott Plat
Posts: 946
Success!
We acknowledge receipt of your e-mail and took the opportunity to review your concern.
For courtesy reasons and without acknowledgement of any legal obligation we will transfer the amount of 2400.00 € to the indicated bank account. Kindly allow some time for the transfer to complete.
Kindly note that previously granted vouchers lose validity as soon as the transfer is completed.
Mr amejr999, please accept once again our apologies. We look forward to welcoming you on board a future airberlin and NIKI flight.
For courtesy reasons and without acknowledgement of any legal obligation we will transfer the amount of 2400.00 € to the indicated bank account. Kindly allow some time for the transfer to complete.
Kindly note that previously granted vouchers lose validity as soon as the transfer is completed.
Mr amejr999, please accept once again our apologies. We look forward to welcoming you on board a future airberlin and NIKI flight.
Feb 17, 2013, 2:47 pm
#27
Original Member
Join Date: May 1998
Location: NYC
Programs: AA 2MM, Bonvoy LTT, Hilton Diamond
Posts: 14,639
Delay compensation
Like to get your thoughts on this.
My DUS HAM flight on FEB 15 was cancelled more than 12 hours prior to departure. According to AB this was due to security screening union striking. According to news report, the strike on that day was at HAM. A strike there should not affect DUS-HAM.
AB gave me a coupon for ICE but refused to put me on LH for this route citing they don't have an interline agreement with LH. Is that true?
Does this fall under EU comp especially since LH operates about 10 DUS-HAM flights and 9 of them all operated on-time with one being canceled (last minute).
My DUS HAM flight on FEB 15 was cancelled more than 12 hours prior to departure. According to AB this was due to security screening union striking. According to news report, the strike on that day was at HAM. A strike there should not affect DUS-HAM.
AB gave me a coupon for ICE but refused to put me on LH for this route citing they don't have an interline agreement with LH. Is that true?
Does this fall under EU comp especially since LH operates about 10 DUS-HAM flights and 9 of them all operated on-time with one being canceled (last minute).
Feb 19, 2013, 2:06 pm
#28
Join Date: Feb 2006
Location: NUE,MUC,INN,FDH
Programs: QF LTG, LH (SEN*** till 02/26), AF, AA, AB-G†
Posts: 2,076
Like to get your thoughts on this.
My DUS HAM flight on FEB 15 was cancelled more than 12 hours prior to departure. According to AB this was due to security screening union striking. According to news report, the strike on that day was at HAM. A strike there should not affect DUS-HAM.
AB gave me a coupon for ICE but refused to put me on LH for this route citing they don't have an interline agreement with LH. Is that true?
Does this fall under EU comp especially since LH operates about 10 DUS-HAM flights and 9 of them all operated on-time with one being canceled (last minute).
My DUS HAM flight on FEB 15 was cancelled more than 12 hours prior to departure. According to AB this was due to security screening union striking. According to news report, the strike on that day was at HAM. A strike there should not affect DUS-HAM.
AB gave me a coupon for ICE but refused to put me on LH for this route citing they don't have an interline agreement with LH. Is that true?
Does this fall under EU comp especially since LH operates about 10 DUS-HAM flights and 9 of them all operated on-time with one being canceled (last minute).
Waiting for an answer. If they wint pay my expenses it goes direcltly to a lawyer.
Aug 21, 2013, 10:20 am
#29
Original Poster
Join Date: Feb 2010
Location: YVR
Posts: 1,465
Update: I received about 65% of the €600 amount one year after the flight.
Airberlin did not respond to my emails and to my mailed letter.
I sent a complaint to LBA and after about three months received a response from LBA telling me that they will not take any action and that the case is closed. No reason given. Absolutely useless.
I went to euclaim, and they sent the letter to airberlin on my behalf - no response. Euclaim passed the case to their lawyers in Berlin and the lawyers sent a letter to airberlin. Airberlin paid 50% of the compensation as a "goodwill" and not admitting anything. The lawyers filed a lawsuit and the court in Berlin ruled against airberlin to pay the remaining 50% of the compensation plus interest and court costs.
Euclaim deducted their cut and after wire transfer fees and currency exchange losses, I finally received about 65% of the amount due.
Airberlin did not respond to my emails and to my mailed letter.
I sent a complaint to LBA and after about three months received a response from LBA telling me that they will not take any action and that the case is closed. No reason given. Absolutely useless.
I went to euclaim, and they sent the letter to airberlin on my behalf - no response. Euclaim passed the case to their lawyers in Berlin and the lawyers sent a letter to airberlin. Airberlin paid 50% of the compensation as a "goodwill" and not admitting anything. The lawyers filed a lawsuit and the court in Berlin ruled against airberlin to pay the remaining 50% of the compensation plus interest and court costs.
Euclaim deducted their cut and after wire transfer fees and currency exchange losses, I finally received about 65% of the amount due.