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LH JFK-FRA flight cancelled - 264/2004 compensation?

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Old Apr 30, 2017, 11:32 am
  #1  
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LH JFK-FRA flight cancelled - 264/2004 compensation?

I just booked a roundtrip to Kiev a few hours ago through Priceline and just received a notification my 955p JFK-FRA Lufthansa fight was cancelled. I have a ongoing connection from FRA-KBP (12hr layover) Lufthansa flight. After KBP I booked an onwards flight separately from KBP-LWO. I made plans and bookings according to this JFK-FRA flight. The airline offers to rebook but with times /connections that are not as ideal. Is there any compensation due in this case through 264/2004?
Reason LH gave is because of a flight irregularity their last FRA-JFK flight didn't depart so there won't be a plane at JFK.

Last edited by hitairplane; Apr 30, 2017 at 12:34 pm
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Old Apr 30, 2017, 4:22 pm
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1.
When did you book the flight? Could you have known that the flight is cancelled, when you booked?

2.
If you ask to fly with LO (dep. 22:00), you even arrive 8 hours earlier. If LH proposes to rebook you like this, you will not have a case through 264/2004.
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Old Apr 30, 2017, 5:45 pm
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How big is the delay when you arrive in KBP with ticket #1 now?
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Old Apr 30, 2017, 7:16 pm
  #4  
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@athome

This was booked online at Priceline early in the morning and cancellation notification came in the mid afternoon. I booked my trip this way so I could spend the day in FRA and made various plans based on the flight confirmation.

@airrarotonga

There are some flights with connections that could arrive earlier than my original creative layover itinerary.
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Old May 1, 2017, 12:22 am
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If they can get you to your destination earlier than scheduled or within the accepted time limits there you have grounds to claim for compensation. Just be happy you won't miss your flight on a separate ticket...
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Old May 1, 2017, 2:22 am
  #6  
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You should be able to claim for comp. for cancellation according to EU Reg. 261/04 art 7, unless LH is able to rebook you to flights departing "no more than one hour before scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival",cfr. art 5 (c) (iii). In this context KBP is your final destination; not FRA.

So if LH is able to get you to KBP max 2 hours later than your original arrivial time, you will not have a claim for compensation (provided that you depart JFK no earlier than 1 hour before the originally scheduled departure time). It means that any cancellation of JFK-FRA does not matter as long as you arrive at your final destination, KBP with a maximum delay of 2 hours. You should have booked separate tickets if a layover in FRA was important to you; LH is obliged to get you from JFK to KBP; not to FRA.

Whether you arrive KBP earlier than scheduled has no bearing. The important part is whether LH can get you to KBP with a max delay of 2 hours.
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Old May 1, 2017, 9:20 am
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Originally Posted by hitairplane
@athome

This was booked online at Priceline early in the morning and cancellation notification came in the mid afternoon. I booked my trip this way so I could spend the day in FRA and made various plans based on the flight confirmation.
I was asking, when you booked it, as LH may argue that you were already aware of the cancelled inbound flight at time of booking.

As already mentioned in previous posts, you have a contract with LH to transport you from JFK to KBP with a depart not earlier than 855pm and a arrival not later than 325am day+2. The right for long stopovers in FRA are not part of the contract. If LH proposed you another connection within departure and arrival times within the above limits and you did not accept it due to whatever reason (e.g. you wanted to fly via FRA), you are not eligible for compensation based on EU 264/04.
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Old May 1, 2017, 10:09 am
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You would also be entitled to a full refund of the ticket purchase price now this flight has been cancelled. So, you may well be better off doing that and finding something new that fits your requirements.
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Old May 1, 2017, 10:14 am
  #9  
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Yes, if a long stopover at FRA is essential the OP better accept a full refund and book new flights on his/her own.

Our advices may be a little late as the OP inquired yesterday and most likely is on the way to KBP in one way or the other.
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