Am I entitled to compensation? [merged]
Aug 13, 2018, 8:38 am
#286
Moderator: SAS
Join Date: Feb 2018
Location: BLL & CPH & ZRH
Programs: LX, SK EBD (*G)
Posts: 3,144
Were you able to fly Business?
(small FYI: If you flew Economy you can't claim downgrade compensation because it was a voluntarily downgrade)
Regarding the delay: Since you have arrived more than 3 hours late at your destination you are able to claim for compensation.
Just write them an email stating all necessary datapoints (booking reference, flight numbers, delay etc.) and they will then reply to you weither they accept or refuse to pay compensation.
The email address you'll need to write to is: [email protected]
I recently missed a flight due to late arrival of the inbound in FRA and was delayed for over six hours, it took them two weeks to reply to my email, but the request was accepted and 3 days later I received the compensation. So in contrary to everybody else here, my compensation request acceptance level is still at 100%
Aug 13, 2018, 8:58 am
#287
FlyerTalk Evangelist
Join Date: Nov 2004
Location: Denmark
Programs: TK Elite
Posts: 11,774
I beg to differ. It is the airport rather than LH that assigns gates and controls the busses. If there are no busses or too few busses available, LH can't do anything. It is outside the control of LH and thus extraordinary IMO.
Aug 13, 2018, 10:12 am
#288
Join Date: Mar 2008
Location: New York
Programs: AA Platinum, Marriott Platinum Elite, SPG Gold
Posts: 320
Eurowings flights redirected twice and luggage lost
Basic story is daughter flying Eurowings SZG to JFK with a connection in DUS on Sat. Aug 11. Flight EW9393 - SZG to DUS got diverted to STR because the wheel would not retract. Daughter was rebooked for a flight the next day from STR to DUS to catch the Sunday flight to JFK. They provided hotel and meals.
The next day Sunday,Aug 12 she successfully gets to DUS and onto Flight EW1100 to JFK. The flight then gets diverted to Stewart Airport(SWF) because they were told there was bad weather at JFK and needed to refuel. Eventually lands 26 hours after originally scheduled.
One of her bags was lost and is supposed to be on todays (Monday) flight.
Oddly when I enquired by the EW phone number they did not know the flight went to Stewart. Also the flight aware indicated the flight landed 2 hours before it actually did.
Interested in knowing how to approach this to get a successful response. Does it come under the rule of EU261?
The next day Sunday,Aug 12 she successfully gets to DUS and onto Flight EW1100 to JFK. The flight then gets diverted to Stewart Airport(SWF) because they were told there was bad weather at JFK and needed to refuel. Eventually lands 26 hours after originally scheduled.
One of her bags was lost and is supposed to be on todays (Monday) flight.
Oddly when I enquired by the EW phone number they did not know the flight went to Stewart. Also the flight aware indicated the flight landed 2 hours before it actually did.
Interested in knowing how to approach this to get a successful response. Does it come under the rule of EU261?
Aug 13, 2018, 10:51 am
#289
Join Date: Sep 2013
Posts: 2,186
Aug 13, 2018, 2:28 pm
#290
Join Date: Jul 2015
Location: HAG
Programs: Der 5* FTL
Posts: 7,992
Since the original delay was due to a mechanical issue (failure of gear retraction and resulting diversion), I would say that compensation applies. After all even if the airplane landed on time (or hours early) in JFK there would still be a 3+ hour delay compared to the original plan.
Aug 14, 2018, 1:52 am
#291
Original Member
Join Date: May 1998
Location: a proud member of FT since 05-05-1998
Programs: DL, AF and KL - UA - *G
Posts: 2,239
it is about business risks...not about control!
If they would rent spare gates and busses from the airport there would never be a problem! ^
Courts have ruled out MX a failure of a supplier is also ruled out by the courts...
Heck even when MUC ran out of deicing fluid airlines had to pay up EU261...^
Aug 14, 2018, 1:55 am
#292
Original Member
Join Date: May 1998
Location: a proud member of FT since 05-05-1998
Programs: DL, AF and KL - UA - *G
Posts: 2,239
Aug 14, 2018, 3:18 pm
#293
Join Date: Jul 2015
Location: HAG
Programs: Der 5* FTL
Posts: 7,992
Which is actually, how rare an event? So many people fly around for ages without ever having a diversion, let alone two on the same trip.
Aug 15, 2018, 12:56 am
#294
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Join Date: Sep 2005
Location: Capetown
Programs: Marriott Lifetime Plat, IHG and Hilton Diamond, LH SEN, BA Gold
Posts: 10,163
- Not inherent in the normal activity of the airline, and
- Outside the control of the airline.
Last edited by Flying Lawyer; Aug 17, 2018 at 12:18 am
Aug 15, 2018, 12:59 am
#295
FlyerTalk Evangelist
Join Date: Sep 2005
Location: Capetown
Programs: Marriott Lifetime Plat, IHG and Hilton Diamond, LH SEN, BA Gold
Posts: 10,163
This is in its generality wrong, too. Not every mechanical "triggers" EU261. A mechanical not inherent in the normal activity of the airline excuses the airline. As such I would consider a "traffic accident" on the tarmac, manufacturing defects or other unusual mechanicals.
Last edited by Flying Lawyer; Aug 17, 2018 at 12:15 am
Aug 16, 2018, 2:58 pm
#296
Join Date: Sep 2017
Location: YVR
Programs: AC Black Card, Nexus
Posts: 292
Glad to hear you finally arrived at your destination.
Were you able to fly Business?
(small FYI: If you flew Economy you can't claim downgrade compensation because it was a voluntarily downgrade)
Regarding the delay: Since you have arrived more than 3 hours late at your destination you are able to claim for compensation.
Just write them an email stating all necessary datapoints (booking reference, flight numbers, delay etc.) and they will then reply to you weither they accept or refuse to pay compensation.
The email address you'll need to write to is: [email protected]
I recently missed a flight due to late arrival of the inbound in FRA and was delayed for over six hours, it took them two weeks to reply to my email, but the request was accepted and 3 days later I received the compensation. So in contrary to everybody else here, my compensation request acceptance level is still at 100%
Were you able to fly Business?
(small FYI: If you flew Economy you can't claim downgrade compensation because it was a voluntarily downgrade)
Regarding the delay: Since you have arrived more than 3 hours late at your destination you are able to claim for compensation.
Just write them an email stating all necessary datapoints (booking reference, flight numbers, delay etc.) and they will then reply to you weither they accept or refuse to pay compensation.
The email address you'll need to write to is: [email protected]
I recently missed a flight due to late arrival of the inbound in FRA and was delayed for over six hours, it took them two weeks to reply to my email, but the request was accepted and 3 days later I received the compensation. So in contrary to everybody else here, my compensation request acceptance level is still at 100%
Aug 16, 2018, 4:46 pm
#298
Join Date: Jul 2015
Location: HAG
Programs: Der 5* FTL
Posts: 7,992
This is in its generality wrong, too. Not every mechanical "triggers" EU261. It needs to be a mechanical not inherent in the normal activity of the airline. As such I would consider a "traffic accident" on the tarmac, manufacturing defects or other unusual mechanicals.
A mechanical failure even occurring prematurely, being inherent in normal operation of an airline, cannot be deemed extraordinary.
A mechanical failure can only be deemed extraordinary, if the cause is not inherent in normal operation, and is beyond the actual control of the airline; where preventative maintenance by replacing a prematurely failing component is judged as being within actual control of the airline. Reference ruling in case C-257/14
Aug 17, 2018, 12:18 am
#299
FlyerTalk Evangelist
Join Date: Sep 2005
Location: Capetown
Programs: Marriott Lifetime Plat, IHG and Hilton Diamond, LH SEN, BA Gold
Posts: 10,163
No, you have it exactly the other way round.
A mechanical failure even occurring prematurely, being inherent in normal operation of an airline, cannot be deemed extraordinary.
A mechanical failure can only be deemed extraordinary, if the cause is not inherent in normal operation, and is beyond the actual control of the airline; where preventative maintenance by replacing a prematurely failing component is judged as being within actual control of the airline. Reference ruling in case C-257/14
A mechanical failure even occurring prematurely, being inherent in normal operation of an airline, cannot be deemed extraordinary.
A mechanical failure can only be deemed extraordinary, if the cause is not inherent in normal operation, and is beyond the actual control of the airline; where preventative maintenance by replacing a prematurely failing component is judged as being within actual control of the airline. Reference ruling in case C-257/14
Aug 17, 2018, 1:21 pm
#300
Join Date: Oct 2017
Location: BRU, AOI
Programs: M&M FTL
Posts: 111
CGN-MUC cancellation
My girlfriend had a cancelled CGN-MUC flight on July 20 and was rebooked for the following day.
We have submitted the compensation claim for another issue on the same booking (inbound flight cancellation) and we got positive answer.
But for the outbound flight, here's the reply from LH:
The flight was supposed to leave at 20:05 on July 20 from CGN. She received the cancellation notice on the same day at around 14:30.
So how could it be that a flight is cancelled "due to adverse weather conditions" several hourse before schedule, during summer, when the weather in CGN was perfectly fine the whole day?
I tried to look for historical weather data, but I'm not sure if this could serve as proof or something: https://www.wunderground.com/history...eqdb.wmo=10513
I had success with some LH compensations in the past for other issues but especially delays. This is a cancellation, and yet LH reply is talking about "delays under three hours" – so this isn't very clear to me.
I remember that the delays/cancellations claims just count the total hours wasted, so in this case it's obviously more than 3 hours.
What am I missing, and how should we proceed?
thank you for helping!
We have submitted the compensation claim for another issue on the same booking (inbound flight cancellation) and we got positive answer.
But for the outbound flight, here's the reply from LH:
The reason for your outbound flight cancellation was due to adverse weather conditions.
For delays under three hours, the EC regulation 261/2004 does not grant compensatory payment. We therefore hope for your understanding that we cannot meet your request for compensation.
For delays under three hours, the EC regulation 261/2004 does not grant compensatory payment. We therefore hope for your understanding that we cannot meet your request for compensation.
So how could it be that a flight is cancelled "due to adverse weather conditions" several hourse before schedule, during summer, when the weather in CGN was perfectly fine the whole day?
I tried to look for historical weather data, but I'm not sure if this could serve as proof or something: https://www.wunderground.com/history...eqdb.wmo=10513
I had success with some LH compensations in the past for other issues but especially delays. This is a cancellation, and yet LH reply is talking about "delays under three hours" – so this isn't very clear to me.
I remember that the delays/cancellations claims just count the total hours wasted, so in this case it's obviously more than 3 hours.
What am I missing, and how should we proceed?
thank you for helping!
