All tickets bought in Germany are refundable!
#46
Join Date: Aug 2004
Location: OSL/IAH/ZRH (time, not preference)
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There will be no incentive anymore for the airlines to offer cheap tickets, because every ticket they sell will now actually have the main feature of their most expensive tickets - full flexibility.
#47
Join Date: Aug 2004
Location: OSL/IAH/ZRH (time, not preference)
Programs: UA1K, LH GM, AA EXP->GM
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Intra Germany tickets are often affordable but the even the transborder market is already crazily priced. More competition of stricter pricing rules would help.
#48
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Join Date: Aug 2008
Programs: Everything is refundable
Posts: 3,727
As I said before, we should not really complain about fares in Germany and in Europe. Deregulation worked and with the help of certain people in the Middle East and Turkey, this will continue for some more years.
#49
Join Date: May 2009
Location: SIN (with a bit of ZRH sprinkled in)
Posts: 9,455
Have to agree with FD1971 here (but really just on this very issue, no worries )... European fares in general are NOT that expensive when comparing with other regions.
Here, my agreeing already stops Partly, this is due to strong alternatives (in some countries, good highways, in some countries, good train systems) - and not necessary only due to AB having a few flights on some routes..
LH couldn't price through the roof on the short/mid haul routes just because no one else would fly the route. They would increase the prices (just as any other airline would) but unless they went totally insane (to be discussed.. ) some pricing level has to be kept.
There are reasons why some routes got axed. And why some routes are still cash cows..
Here, my agreeing already stops Partly, this is due to strong alternatives (in some countries, good highways, in some countries, good train systems) - and not necessary only due to AB having a few flights on some routes..
LH couldn't price through the roof on the short/mid haul routes just because no one else would fly the route. They would increase the prices (just as any other airline would) but unless they went totally insane (to be discussed.. ) some pricing level has to be kept.
There are reasons why some routes got axed. And why some routes are still cash cows..
#50
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Join Date: Aug 2008
Programs: Everything is refundable
Posts: 3,727
Have to agree with FD1971 here (but really just on this very issue, no worries )... European fares in general are NOT that expensive when comparing with other regions.
Here, my agreeing already stops Partly, this is due to strong alternatives (in some countries, good highways, in some countries, good train systems) - and not necessary only due to AB having a few flights on some routes..
LH couldn't price through the roof on the short/mid haul routes just because no one else would fly the route. They would increase the prices (just as any other airline would) but unless they went totally insane (to be discussed.. ) some pricing level has to be kept.
There are reasons why some routes got axed. And why some routes are still cash cows..
Here, my agreeing already stops Partly, this is due to strong alternatives (in some countries, good highways, in some countries, good train systems) - and not necessary only due to AB having a few flights on some routes..
LH couldn't price through the roof on the short/mid haul routes just because no one else would fly the route. They would increase the prices (just as any other airline would) but unless they went totally insane (to be discussed.. ) some pricing level has to be kept.
There are reasons why some routes got axed. And why some routes are still cash cows..
Throughout the next 5 years many 80 seaters like the F70 and Dash8 will be replaced as well with a 100 seater.
So with the exception proving the rule, more seats result in lower costs per seat and those savings will be passed on to customers. The question is, to which extent and this extent is an important parameter for the profit of airlines.
Remember that the EU asked all airports bleeding milk, ääähh, cash to come up with a plan to be profitable (from ops. , without interest payments, IIRC) by 2024 and this might change the playing field again.
You can do the math, DTM lost € 20 million on roughly 2 million passengers, so the level of subsidies per pax or ticket is relatively easy to calculate and has to added to the cost of running operations somehow.
Let me ask you one question. Let's assume you run an airport or ATC or any other business related to aviation and you see one major parameter like oil becoming less expensive for the airlines, what would you do?
#51
Join Date: Dec 2009
Posts: 1,754
A couple of key points:
(1) No new laws have been made. This is a judge interpreting existing contract law.
(2) As per the law, the consumer (passenger) may cancel the contracts, however the supplier (airline) is entitled to demand payment, less the costs of savings made by cancellation and the use of labour resources elsewhere (i.e. other customers).
(3) The airlines inability to show actual costs incurred meant the judge awarded 95% of ticket costs (plus interest) should be refunded. However I believe the case was against Alitalia?
(4) This is just one case - I don't know if there have been any previously that have been won or lost. It is a bit like EU261 - we only hear the cases where the passenger wins (normally published by the legal firm), the only chance of hearing the cases where the airline wins is if it is against ryanair (because they used to like doing a press release each time)!
(5) If you cancel a ticket today, you would have to go to court (plus appeal) to get your money back. No guarantee of winning, and also expensive. I don't see how this could become a mainstream automatic refund without a change in law? Additionally, the law says in cases of bad faith (i.e. the passenger didn't want to fly or maybe could have predicted they would need to cancel their flight) no refund is required (of the savings).
(6) Even assuming this becomes mainstream, I don't think revenue would be particularly impacted. Customers would still need to pay extra for changes, and pricing is higher the closer to departure or the more sold out the flight.
In Summary: I think this is all a big noise about nothing!
EDIT: This is my understanding - please correct me if I am factually incorrect.
(1) No new laws have been made. This is a judge interpreting existing contract law.
(2) As per the law, the consumer (passenger) may cancel the contracts, however the supplier (airline) is entitled to demand payment, less the costs of savings made by cancellation and the use of labour resources elsewhere (i.e. other customers).
(3) The airlines inability to show actual costs incurred meant the judge awarded 95% of ticket costs (plus interest) should be refunded. However I believe the case was against Alitalia?
(4) This is just one case - I don't know if there have been any previously that have been won or lost. It is a bit like EU261 - we only hear the cases where the passenger wins (normally published by the legal firm), the only chance of hearing the cases where the airline wins is if it is against ryanair (because they used to like doing a press release each time)!
(5) If you cancel a ticket today, you would have to go to court (plus appeal) to get your money back. No guarantee of winning, and also expensive. I don't see how this could become a mainstream automatic refund without a change in law? Additionally, the law says in cases of bad faith (i.e. the passenger didn't want to fly or maybe could have predicted they would need to cancel their flight) no refund is required (of the savings).
(6) Even assuming this becomes mainstream, I don't think revenue would be particularly impacted. Customers would still need to pay extra for changes, and pricing is higher the closer to departure or the more sold out the flight.
In Summary: I think this is all a big noise about nothing!
EDIT: This is my understanding - please correct me if I am factually incorrect.
#52
Join Date: Jul 2010
Location: BSL/FRA or PHL
Programs: LH Miles and More, DL SkyMiles, Bonvoy, Hilton
Posts: 2,335
Entertaining thread. It will indeed be interesting to see how regulations shake out in this world of ever more creative ticket pricing and segmentation via alternative terms and conditions. This issue goes far beyond LH.
Somehow this nuanced discussion of German law on an English-language forum reminds me of an old passage from a Mark Twain essay:
...For instance, if one is casually referring to a house, Haus, or a horse, Pferd, or a dog, Hund, he spells these words as I have indicated; but if he is referring to them in the Dative case, he sticks on a foolish and unnecessary e and spells them Hause, Pferde, Hunde. So, as an added e often signifies the plural, as the s does with us, the new student is likely to go on for a month making twins out of a Dative dog before he discovers his mistake; and on the other hand, many a new student who could ill afford loss, has bought and paid for two dogs and only got one of them, because he ignorantly bought that dog in the Dative singular when he really supposed he was talking plural -- which left the law on the seller's side, of course, by the strict rules of grammar, and therefore a suit for recovery could not lie...
Somehow this nuanced discussion of German law on an English-language forum reminds me of an old passage from a Mark Twain essay:
...For instance, if one is casually referring to a house, Haus, or a horse, Pferd, or a dog, Hund, he spells these words as I have indicated; but if he is referring to them in the Dative case, he sticks on a foolish and unnecessary e and spells them Hause, Pferde, Hunde. So, as an added e often signifies the plural, as the s does with us, the new student is likely to go on for a month making twins out of a Dative dog before he discovers his mistake; and on the other hand, many a new student who could ill afford loss, has bought and paid for two dogs and only got one of them, because he ignorantly bought that dog in the Dative singular when he really supposed he was talking plural -- which left the law on the seller's side, of course, by the strict rules of grammar, and therefore a suit for recovery could not lie...
#53
Join Date: Aug 2004
Location: OSL/IAH/ZRH (time, not preference)
Programs: UA1K, LH GM, AA EXP->GM
Posts: 38,265
Canada may be he second craziest but what I have probed, SE Asia, China, USA, South America, OZ all come up with way less restrictions and much more humane pricing.
Early Sep, same day SYD-MEL return, QF prices around AUD 340 all in.
FRA-FCO (somewhat shorter distance n.b.), LH prices around EUR 540 all in
SEA-SFO (in between in length) on UA, prices 176 USD all in
With one-ways, the difference gets even more grotesque. Only with longer stays the situation converges somewhat.
As I said before, we should not really complain about fares in Germany and in Europe. Deregulation worked and with the help of certain people in the Middle East and Turkey, this will continue for some more years.
#54
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Join Date: May 1998
Location: a proud member of FT since 05-05-1998
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There have been many cases in the lower courts now - that agree on the finding of the Landgericht - mind you most of these cases will be in the Frankfurt courts because that is where most airlines reside in Germany
Here is the full text rulinghttp://www.teigelack.de/rs-24-LG-Fra...-S-152-13.html
Here is the full text rulinghttp://www.teigelack.de/rs-24-LG-Fra...-S-152-13.html
#55
Join Date: Aug 2004
Location: OSL/IAH/ZRH (time, not preference)
Programs: UA1K, LH GM, AA EXP->GM
Posts: 38,265
#56
Join Date: Feb 2004
Posts: 1,389
There have been many cases in the lower courts now - that agree on the finding of the Landgericht - mind you most of these cases will be in the Frankfurt courts because that is where most airlines reside in Germany
Here is the full text rulinghttp://www.teigelack.de/rs-24-LG-Fra...-S-152-13.html
Here is the full text rulinghttp://www.teigelack.de/rs-24-LG-Fra...-S-152-13.html
"Trotz Aufforderung seitens der Klägerin und ausdrücklicher Nachfrage des Gerichtes in der mündlichen Verhandlung am 15.5.2014 hat sie nicht dargelegt, ob und wenn ja zu welchem Preis sie die von der Klägerin stornierten Flugtickets an Dritte weiterverkaufen konnte. "
#57
Join Date: Aug 2005
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If on one of the flights in question only one seat was empty (or filled with a stand-by non-revenue ID pax), and the airline can document this, it would be enough to win the case, because the court specifically asked the airline if the seat in question could be sold again or not - but the airline did not respond.
HTB.
#58
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this is totally insane. There are so many things that are wrong with that situation I don't know where to start. If this holds true then good night Lufthansa, Air Berlin and other carriers.
#59
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This will hold for true for the current situation for sure, as the travel agencies that used to charge a cancellation-fee as % of the travel-price have the same problem now as the highest court said - if the customer doubt the % is correct they have to prove their losses bit by bit.
The airlines ( ALL ) flying or selling tickets in Germany will have the same problem they just can not prove in court what the loss was in conjunction with the particular cancellation in question.
So if the plane is full anyway - no loss.
If they sold ANY seat after the cancellation they would need to prove the price they sold it at - if they took more cargo because a seat stayed empty - they made up some loss....
Bottom line they will never be able to calculate the loss - that is why they did not even tried to give an answer to the court...
The airlines ( ALL ) flying or selling tickets in Germany will have the same problem they just can not prove in court what the loss was in conjunction with the particular cancellation in question.
So if the plane is full anyway - no loss.
If they sold ANY seat after the cancellation they would need to prove the price they sold it at - if they took more cargo because a seat stayed empty - they made up some loss....
Bottom line they will never be able to calculate the loss - that is why they did not even tried to give an answer to the court...
#60
Join Date: Aug 2005
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Posts: 4,671
HTB.