Denied medically needed seat assignment
 

30 OCT 11

Customer Relations North America
Lufthansa German Airlines
1640 Hempstead Turnpike
East Meadow, NY 11554


Complaint against Lufthansa

Flight #8861 LAX to Munich 07OCT2011

operated by Deutsche Lufthansa

Re: Denied medically needed seat assignment

I called Lufthansa after I first made the reservation and was told I could only get a special needs seat at check in at the airport. I went online and make a "special request" for seating only to again be told that I had to wait until check in to make such a request. Because of my medical condition (i.e. chronic venous insufficiency) being unable to secure a seat where I could put my right leg in a horizontal position for the 12 hour flight made me very nervous despite assurances that Lufthansa would grant my medical request.

I obtained a letter from my doctor as which stated that my medical condition was "a condition, NOT a handicap." I arrived at LAX 4 and 1/2 hours early to be sure to get the special needs seat. The minute I mentioned that I had a medical condition, the agent immediately assumed I was handicapped and would not provide me with the needed seat. I then showed him the doctor's letter which he handed to a supervisor and she approved putting me what the agent said was an "exit row" (i.e. seat 44K) with room to stretch my right leg horizontally.

After waiting 4 1/2 hours, I boarded the plane and went to seat 44K only to find out that it was a "Bulkhead" seat, NOT an exit row seat! and had absolutely no room to stretch out my leg. Your seating chart for this 346 equipment is incorrect!. I immediately requested to be accommodated in a seat where I could stretch my right leg out horizontally. The stewardess referred me to the head steward who said "You will have to wait until everyone is seated."

I waited until the Captain came on the intercom and said "we will be taking off in five minutes." I immediately went in search of the head steward and found him in the back of the plane. I asked him to reseat me and his response was: "oh yeah, I forgot! Why don't you sit in these seats" pointing to the very last row of the airplane, where the seat backs do NOT recline and there was absolutely NO room to stretch out my right leg. I said I could not possibly sit there. He then stated: "Then there is NOTHING I can do for you!"

I knew that sitting in a cramped seat without being able to raise my right leg would result in GREAT pain as my leg swelled up (despite wearing brand new surgical stocking) and the possibility of getting another deadly blood clot!

I then requested to be reseated in seat 43C and fortunately the couple with a baby and the man seated next to me agreed to switch. I thought that having an aisle on my right side would enable me to stick my right leg out enough to place it in a horizontal position while resting it on my carryon bag. Unfortunately, that was not possible because the bulkhead seats have the lap tray in the armrest and do NOT raise up and the bulkhead stuck out too far in the aisle for me to raise my right leg in a horizontal position.

Thus I was forced to either place my right leg in a sitting position and risk a blood clot or place it in a 45 degree angle up on the bulkhead to relieve the pressure for the 12 hour flight to Munich!

This meant I could not watch the TV screen and during meals, had to have my leg down so as to use the lap tray! This was a very, very uncomfortable position and resulted in my not being able to sleep!

My leg was swollen and very, very painful by the time we landed in Munich!

I was NOT permitted to sit in business class despite the fact that there were empty seats!

The problem with having chronic venous insufficiency is that the results are cumulative, that is the longer the blood flows to my lower leg below my knee, the more the resulting pain and resulting breakdown in the vein system. My right leg hurt for the entire first week of my cruise and I had to cancel several shore excursions because of it.

When I returned home, I called 1 800 645 3880 and first spoke to Agent Louise at the main call center. She was not able to help me. I then asked for her supervisor. A person identifying herself as "LEAH said she was the supervisor on duty."

After several frustrating tries, I finally was able to make her understand that I was NOT a handicapped passenger but needed special seating due to my medical condition. (The Germans CANNOT distinguish between a handicapped and special needs passenger!)

She confirmed what I had already suspected. A Non-Elite customer cannot reserve a bulkhead or exit row seat at time of reservation and payment!

She stated: "Only Elite Club members can reserve any seat they want including exit row seating at time of booking flight" Regular customers can only request special seating needs at time of check in at the airport" (Not online, not with a agent, not with "Special Needs (i.e. handicapped) personnel)

She further stated that "Special needs seating is NOT part of the contract when buying a ticket!"

In other words, if Elite customers have already booked all seats that have extra leg room, no matter when booked (Even if booked the day before the flight) then special needs customers will not be accommodated when they check in at the airport on the day of flight!

AT NO TIME DID ANY ONE OF THE AGENTS I HAD SPOKEN TO MENTION THIS!

Supervisor Louise then admitted that: "Non Elite customers can only be GUARANTEED A SEAT if they purchase First or Business Class seats on Lufthansa!"

Cost of a Business Class seat from LAX to Munich: $7523!

I have always been accommodated on every other airline that I have flown on. I have been to China, Spain, Malta, Switzerland, etc. Every time the special needs customer has been accommodated even if it meant moving another passenger out of a reserved seat. That does NOT apply on Lufthansa!

Violation of My Rights as a person with reduced mobility in air transport:

Regulation (EC) No 1107/2006 of the Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air.

"The regulation on the rights of persons with reduced mobility when using air transport prohibits operators from refusing reservation to persons because of their reduced mobility."

"Persons with reduced mobility are entitled to receive the assistance specified in the regulation free of charge in airports (on departure, arrival and during transit) and on board aircrafts."

"insufficient in-flight assistance by the air carriers"

I am requesting a written apology and cash compensation for the embarrassment and physical pain I endured as a result of your incompendent personnel.

I'm just going to pull up a seat and see how this pans out.

While I agree that Lufthansa failed to accommodate you in a way that satisfied your disability, I also want to point out that upgrading a customer to business class is not required. If you feel a business class seat would accommodate you in a way that makes your disability easier to deal with, then you would need to purchase that business class seat. Simply because there are empty seats in the business class cabin does not mean that airlines are obligated to upgrade any person with a disability, or any person for that matter.

Again, I agree that LH did not handle your seating correctly in your purchased cabin, which was coach.

It's unfortunate that many people seem to think they deserve "special accommodations" by receiving upgrades for free. It makes all of us with disabilities look bad.

Sorry to sound so harsh, you just hit on a very touchy subject for me.

Not to defend Lufthansa here, but as a person with "reduced mobility", how can you meet the legal standard for occupying an exit row? It seems impossible for you to get what you want in coach in this situation.

+1

I understand your condition and dilemma. Your lesson for the future is that flying is now a caste system and elites trump everything except cash. With your condition, honestly, I would never even attempt to fly long haul in economy.

The regulation quoted requires airlines to make:

"all reasonable efforts to arrange seating to meet the needs of individuals with disability or reduced mobility on request and subject to safety requirements and availability." (Italics mine)

I fail to see how one can demand an exit row seat in the circumstances the OP cites... nor can I really see the relevance of the other snippets quoted...

The airline in no way attempted to "refuse the reservation"...

..and as already established.. the "assistance specified in the regulation" IS "subect to safety requirements".

Having a significant level of reduced mobility would officially disqualify the OP from an exit row on every airline I am familiar with...

I would suggest that the provision of a bulkhead seat (I hate them but I know many folks think them very good indeed) consituted an honest effort on LH's part to assist...

..and given that the Regulation itself refers to both disabled AND reduced mobility passengers in the same clauses I think it reasonable for LH to categorise them together too....

Not sure what the answer is for the OP....

For many places you're either handicapped or not. Wheelchair or no wheelchair. It is easier for the airline to deal with black/white issues than each individual's many shades of grey. So for the OP's particular situation, for long haul travel, the default answer is "yes" to being handicapped simply because the answer is absolutely "no" to a regular seat. Perhaps the OP could speak to her doctor in advance of future travel and explain the situation.

What the OP should do for future travel, is ask for multiple letters from the doctor to 1) state exactly what she need for travel but 2) she is fit to travel. What some airlines have tried to do on oversold flights is to offload these passengers with "special needs" claiming that their don't have a doctor's letter stating that they are fit to fly.

While it is clear that Lufthansa did not handle the situation appropriately, the airline is not required to relocate the passenger to a higher class of service than they paid for.

While it is clear that Lufthansa did not handle the situation appropriately,

The issue of airline obligations to passengers who have a fused or immobilized leg (cannot bend knee) came up quite a bit in comments on the the most recent round of modifications to the Air Carrier Access Act (the US disability regulation that applies to air travel, and is binding on all carriers, foreign and domestic, with flights that originate or terminate in the US).

As things stand today, the airline has no legal obligation to accommodate these passengers, besides providing "a bulkhead seat or other seat that provides greater legroom".

Part of the problem is conflicts with FAA regulations that require that nothing (including legs) be sticking out into the aisles during take off and landing.

If you are requesting accommodations under the Air Carrier Access Act, it's logical for the airline to not permit you to sit in an exit row - can't have both.

+2

BTW, did you try (very politely) asking any of the coveted exit row PAX if they would voluntarily swap seats with you?

In the light of all your other misery is skipping TV for 12 hours catastrophic?

As I read it, OP was offered a row of seats in the back of the aircraft. Not sure how 2-3 seats to oneself doesn't acommodate OP's specific need.

Good luck getting the response out of LH you want, not going to happen.

Having said that;
- you are at least a bit...... too "I am entitled to, and do so or else.....", IMHO. Expecting to be upgraded just because there are seats available and you have a condition? Boy! If you need such a seat; pay for it. Just like everybody else does that needs it.

- you are misquoting the EU legislation. It does NOT state that they should've assigned you seating that allowed you to raise you leg. Actually; I wouldn't be surprised to find seats able to let one raise his leg in a totally flat position in 90 degrees from the hip were very hard, if not impossible, to find in eco class in many configurations and always have been rather aware of it back in the days that I could still fly eco as my syndrome amongst others leaves it very realistic that I can end up needing to do so as part of wearing a cast or can even end up injuring inflight and needing it. One of the many, many medical reasons I now only fly business.

OK, back on the EU legislation. It only states that an airline should try and find appropriate seating. Very open to discussion and basically not one you are going to win unless you escalate it up to the EU and even then. As far as the part you quoted; you were not denied a reservation or travel on this flight because of discrimination (as it basically boiles down to, as any airline can still deny when medically found unsafe), you were able to use specified airport and airline facilities and assistance was provided as stated in the details of regulation you yourself quoted. As this is a flight originating in the US, the ACAA also applies but again an airline only has a obligiation to try and get an appropriate seat there is NO guarantee that they must provide.

Airsafety does NOT care for symantics what is a condition and what is a disability. You yourself have told the airline that you have needs that require special assistance. As such you are labeled as NOT qualified to be seated in an exit seat row as you would most likely be a risk factor in case of emergency instead of somebody that should be able without any limiting bound (even "just" having your child on the flight is enough to be seen that way) to help fellow passengers escape the aircraft through said emergency exit.

Factly; the claim is wayyyyyyyyy too long, way too detailed, way too cluttered with non interesting stuff for any customer service to really get to to point. Good complaints are factual, to the point and are not short novels filled with "he said and then she said". Let alone the added drama.

While LH could've done better in theory, probably should've, you are having no shot what so ever with this letter IMHO. And that's not just coming from my dislike of LH (I'm sure some of the older FF folks on here might remember me calling LH Hellish Airways). If you are smart, you haven't sent this in and will seriously redo it. Keep it short, factual and to the point. Be realistic and fair also helps alot. Have the new version read by a few people that are not so emotionally envolved and even better;have experience with customer service work. Have them judge if it's readable and something that any shot of getting the real complaint across. Heck; take a breather yourself first, take some time, put this to the backburner and start on serious drafts when the first emotions have settled down.

I have quite a dislike for LH and started reading this thread taking a seat and almost thinking "ah it involves LH, they're guilty unless proven innocent", so to say. Long before I finished reading it my sentiment changed big time. You come across as a bit of an overly entitled person with a chip on it's shoulder that paints a picture that one is entitled to above and beyond when on happens to have a condition. Whether you are or not, I don't know. But you sure are coming across as one to me. It also gives LH every reason not to take you seriously and put aside your complaint if they'ld want to. And that's coming from someone that gave LH quite some outlash on here during my rantings about having a taste of Deutschen Grundlichkeit (on the other hand; did use this board and friends to vent and redraft my letter a few times before sending in a workable complaint).

This. It only paints a picture of drama and/or overentitlement. It's a luxery complaint when dealing with true major medical problems.

Unfortunately, in many countries the law only extends to those that are legally handicapped or to those that are obviously handicapped (strapped to wheelchair etc). Anyone with a hidden condition will be questioned even with valid documentation.

Which is why I now keep my handicapped parking permit discretely visible in all in-person conversations with airline personal. It's easily recognizable as validation of my claim to need some level of assistance/accommodation and much quicker than asking a GA to read a doctor's letter.

I do agree with flyingwheels that the OP comes across as demanding too much.