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-   -   EC261 Compensation by Condor (https://www.flyertalk.com/forum/lufthansa-austrian-swiss-brussels-lot-other-partners-miles-more/1745007-ec261-compensation-condor.html)

GSHD Feb 9, 2016 6:52 am

EC261 Compensation by Condor
 
Maybe some of you had a similar case which would be very helpful as I'm not exactly sure with this one:

I was booked on PUJ-FRA with DE which happened to depart 12 hours behind schedule (Wamos had to help out on short notice since the outbound flight had to return to FRA for technical reasons).

An alternative flight was not offered by DE, so I booked myself on the AB flight to DUS.

Does EC261 cover such a case? I heard that a departure delay greater than 5 hours gives you the option not to fly. But can I claim compensation for this disruption?

klausa Feb 9, 2016 6:56 am

Yes, you should be compensated 600E.

http://europa.eu/youreurope/citizens...r/index_en.htm

warakorn Feb 9, 2016 12:42 pm

You need to sue Condor to get the money.
However, passengers win most cases.
The local court, who has to handle these cases, is pretty much fed up with Condor.

GSHD Feb 9, 2016 2:38 pm

Thanks, I was just not sure whether the regulation requires pax to actually be on board but if a confirmed booking is enough that's great. @:-):D

Flying Lawyer Feb 9, 2016 11:33 pm

I would have expected them to pay for the AB flight too. They failed to honour their obligation to book you on the next available flight.

dj_jay_smith Feb 10, 2016 4:34 am


Originally Posted by warakorn (Post 26158343)
You need to sue Condor to get the money.
However, passengers win most cases.
The local court, who has to handle these cases, is pretty much fed up with Condor.

Yes I heard that the local court has had to hire a lot of extra staff to cope with the demand of claims against Condor. And that a very high percentage were granted in the favour of passengers.

I assume Condor are hoping that the number of passengers willing to take them to court will be low, so hence it is still worthwhile for them to do so rather than just pay out.

Unterwegs Feb 10, 2016 6:35 am

I had similar issues with other airlines LH, LX, Thai) before. I wrote a friendly email quoting reservation number, flight number, day, reason for delay and the compensation I was requesting (including scans of the receipts if any). I all cases I got an email back a few weeks later that the feel really sorry but that in this case they are not obligated to pay since (following bogus legal explanation).
I responded with another email telling them that their explanation is wrong and EC261 covers this specific situation. I would get a lawyer to take they case to court if they don't pay up until xx (around 3 weeks later). In all cases the airlines paid then.

One situation with BA was different. They paid after the first email.

Trythat first, you then still can sue or get the help of a specialized agency.

GSHD Feb 10, 2016 6:49 am

As a side note, I've had good experience consulting the public arbitration service two years back in a case against WY. It's a sub-department of the German ministry of justice which will put pressure on the airlines just as a lawyer but it's free. Let's see what Condor responds. :rolleyes:

Often1 Feb 10, 2016 7:05 am

OP chose the option of cancelling his DE segment and rebooking himself. He is entitled to a refund of the value of the unused DE segment in addition to the delay/cancellation compensation of EUR 600. He may also be entitled to some "duty of care" compensation, but it appears that he was on his way soon enough so this may all be minimal.

Air carriers really have no reason to make it easy for consumers. Recent studies suggest that only 2% of eligible claims are even made and there are largely no consequences to the carriers for not paying, beyond the brand damage and administrative hassle.

DE could have issued the EUR 600 on the spot to OP's bank account and the value of the ticket segment as soon as the rate desk could run it and the duty of care via a voucher. But, why?

DE won't be particularly the worse for the wear after OP files his claim and as to the many other pax on the flight who likely never file a claim and are happy with an extra night at a hotel which DE purchases in bulk for a pittance, there is no downside.

klausa Feb 10, 2016 7:15 am


Originally Posted by Often1 (Post 26161967)
DE could have issued the EUR 600 on the spot to OP's bank account and the value of the ticket segment as soon as the rate desk could run it and the duty of care via a voucher. But, why?

DE won't be particularly the worse for the wear after OP files his claim and as to the many other pax on the flight who likely never file a claim and are happy with an extra night at a hotel which DE purchases in bulk for a pittance, there is no downside.

Because that's their obligation under the current law.

I'm constantly baffled by comments along the lines "but why would company X do Y?", when Y is something that's _literally_ the law.

Flying Lawyer Feb 10, 2016 11:42 am


Originally Posted by Often1 (Post 26161967)
OP chose the option of cancelling his DE segment and rebooking himself. He is entitled to a refund of the value of the unused DE segment in addition to the delay/cancellation compensation of EUR 600. He may also be entitled to some "duty of care" compensation, but it appears that he was on his way soon enough so this may all be minimal.

This is utterly wrong. DE simply refused to honor its obligation to rebook the OP on the next available flight. He booked himself a new flight on AB. DE is under the obligation to pay for such costs in addition to the EUR 600.00 and they are invited to keep the value of their ticket issued.

superchromix Jun 18, 2018 11:10 am

Help with flight data for Condor FRA - YYZ
 
Hello,

New member here. I am looking for information on Condor flight 2402, Frankfurt to Toronto, with a scheduled departure time of 15:00 on June 1, 2018. The flight was delayed by just over three hours. The airplane was still rolling at 3 hours and 1 minute late, and the "fasten seat belt" sign was not turned off until 3 hours and 2 minutes late. The main door of the cabin was opened shortly after this time.

I would like to make a compensation claim, but I am wondering what official sources of information are available to me, which would support my claim? If a record of the time when the cabin door was opened exists, this would be the time that is applicable for the claim.

Is this the correct forum for this post? Can anyone point me in the right direction? I am completely new to this.

thanks!

Fabo.sk Jun 18, 2018 11:40 am

You don't necessarily need data to support your claim at this point, however Condor, Toronto Airport (or Condors handling company) and possibly Fraport should have this information available. It's a question of will they freely send it to you?

superchromix Jun 18, 2018 11:49 am

With the new EU flight compensation rules, this data is becoming increasingly important. Websites such as Flightradar24 have historical records of flight tracks including takeoff and landing, but they don't actually track the flight all the way to the gate.

At a minimum, I do need to know the actual departure and arrival times for the flight, in order to fill in the EU compensation claim form.

https://ec.europa.eu/transport/sites...nt_form_en.pdf

athome Jun 18, 2018 12:26 pm

According to Flightradar24 landed DE2402 on 1-Jun at 20:53. This would mean that the flight arrived 2h53 late. Take off was at 19:30 (delay of departure irrelevant for claim).

Threshold for your flight >3000km is 4 hours.


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