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-   -   any chance to claim compensation from LH ? (https://www.flyertalk.com/forum/lufthansa-austrian-swiss-brussels-lot-other-partners-miles-more/1823002-any-chance-claim-compensation-lh.html)

Bart_ek Feb 17, 2017 8:59 am

any chance to claim compensation from LH ?
 
Am I entitled to compensation under EU 261/2014 in the following situation:

1. Lufthansa issued ticket. EU-US-EU

2. Return [US-EU] domestic feeder flight operated by UNITED delayed (due to air traffic contol) caused my missing evening LH connection to EU.
[United gave me hotel and 20$ voucher only]

3. Rebooked by Lufthansa on the following day (evening) , consquenntly I arrived to my EU destination ~24 later than planned [lost 1 weekedn day! beeing stuck in EWR!]

Could I claim it from Luftahnsa? I guess no chance to get it from United...
thx for feedback

Bart_ek

warakorn Feb 17, 2017 10:10 am


Could I claim it from Luftahnsa?
It is certainly allowed to claim from LH.
However, LH will deny it (they deny in 100% of all cases for the first claim).
But LH will prevail.
UA+ATC+Departure from non-EU -> its not a valid claim

warakorn Feb 17, 2017 10:11 am


3. Rebooked by Lufthansa on the following day (evening) , consquenntly I arrived to my EU destination ~24 later than planned [lost 1 weekedn day! beeing stuck in EWR!]
There are countless of connections from EWR to the EU.
Wasn't there another flight at this night from EWR to EU?

Bart_ek Feb 17, 2017 10:13 am


Originally Posted by warakorn (Post 27922366)
There are countless of connections from EWR to the EU.
Wasn't there another flight at this night from EWR to EU?

no , I arrived at 9.15pm at the gate (for DUS flight) and they could not book me via ZRH or LON and these were two flights departing just after 10pm :(

Often1 Feb 17, 2017 11:22 am

The delay was ocurred on a flight operated by UA which is neither an EU carrier nor was your flight departing from the EU. Accordingly, EC 261/2004 cancellation compensation does not apply at all.

LH would deny your claim simply on the grounds that it was not the operating carrier of the delayed flight.

Bear in mind that EC 261/2004 looks to the operating carrier only.

Although not relevant to OP's question, the rebooking responsibility here was UA's as the late-delivering carrier. Given that EWR is a UA hub, it would likely have been more fruitful to have been rerouted by UA via anu number of European destinations and then onward to DUS, hopefully arriving a good deal earlier than 24 hours late.

Lack Feb 17, 2017 1:13 pm


Originally Posted by Often1 (Post 27922666)
Although not relevant to OP's question, the rebooking responsibility here was UA's as the late-delivering carrier. Given that EWR is a UA hub, it would likely have been more fruitful to have been rerouted by UA via anu number of European destinations and then onward to DUS, hopefully arriving a good deal earlier than 24 hours late.

Most of the UA flights depart fairly early in the evening, after that it's LH show.

Bart_ek Feb 17, 2017 2:38 pm

correct, when I arrived and was directed upstairs to ticketing for rebooking, the only 'feasible' flights were on Swiss to ZRH and on UA to LON , but on none of these (allgedaly) there were no seats left [even if unoffically I overheard a call with ZRH flight manager that said they had some pax on standby and there was one seat left...] ; well -may need the rebooking process 'speed' of the LH agent

anyway, even if I know I'm at a lost position while claiming the compensation, I'll file a claim anyhow for this situation; maybe LH gives me some bonus miles for the invconveniance ?

Often1 Feb 17, 2017 3:44 pm

Or maybe a good chuckle because LH wasn't delayed. And then sole day when you do have a legitimate complaint with LH, LH has you flagged as complaining about ontime flights !

KLouis Feb 17, 2017 7:28 pm


Originally Posted by Bart_ek (Post 27923456)
...anyway, even if I know I'm at a lost position while claiming the compensation, I'll file a claim anyhow for this situation; maybe LH gives me some bonus miles for the invconveniance ?

As Americans say, it's a free country. But if they won't give you any financial compensation, why do you think that they would give you miles because of a delay in which LH was not at all involved? :rolleyes:

Concerning the fact that LX had one free seat and "some pax" on standby, if all of them had been there before you, why should they have added you to the list of standby passengers with only one free seat? By the way, these other pax could also have had their UA flights delayed, having been previously booked on a LH flight to DUS ;)

htb Feb 18, 2017 5:21 am


Originally Posted by KLouis (Post 27924418)
AConcerning the fact that LX had one free seat and "some pax" on standby, if all of them had been there before you, why should they have added you to the list of standby passengers with only one free seat?

Because as a SEN he might have been higher on the list than the other pax already on the list. No way to know since he wasn't even added.

HTB.

Often1 Feb 18, 2017 7:00 am

And one of the real values of not traveling with checked luggage is that at US airports, just go straight to the gate. A lot can happen in the minutes before departure. If you are standing there and someone else has wandered off, you may wind up with a boarding pass.

Others on that flight may misconnect and what was an overbooked flight at risk of oversale can drop quickly to having empty seats.

weero Feb 19, 2017 3:29 pm


Originally Posted by Often1 (Post 27923699)
..And then sole day when you do have a legitimate complaint with LH, LH has you flagged as complaining about ontime flights !

What o Earth is that supposed to mean?

And you reckon that LH's brilliant IT sports such a flag?

Lack Feb 19, 2017 6:13 pm


Originally Posted by weero (Post 27931174)
What o Earth is that supposed to mean?

You'll get the Rabbi Ginsburg status.


Originally Posted by weero (Post 27931174)
And you reckon that LH's brilliant IT sports such a flag?

Who knows? Maybe it's shoddy for the customer so it can shine on the corporate side?

weero Feb 20, 2017 1:24 am


Originally Posted by Lack (Post 27931645)
You'll get the Rabbi Ginsburg status.

On LH that might actually still be better than GM :p .

Who knows? Maybe it's shoddy for the customer so it can shine on the corporate side?
Or it is cost effective?

Given past reports, LH seems to be able to track customers who 'enforce' EC261 ... but I really doubt that they distinguish between justified and more ambiguous claims.

nallison Feb 20, 2017 6:31 am


Originally Posted by warakorn (Post 27922359)
It is certainly allowed to claim from LH.
However, LH will deny it (they deny in 100% of all cases for the first claim).
But LH will prevail.
UA+ATC+Departure from non-EU -> its not a valid claim

Actually they don't. I made a claim in January for a missed connection to Bogota due to a delayed departure from AMS. Within a week I had an email confirming 600 euros to my account without any further communication needed. Which I did indeed recieve. And this was on a very fog affected day in AMS, I actually assumed the delay was weather related and expected them to deny compensation, but turned out it was due to late crew. I suspect other airlines would have claimed weather....

On this case though, I do agree that no comp is due, primarily because of the ATC issue. It's quite a murky area regarding connections in other countries to a flght to the EU where it is sold on one ticket, but I now airlines try not to pay up.


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