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VDB Bait & Switch: The new norm?

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Old Oct 19, 2018, 5:59 pm
  #91  
 
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Originally Posted by LHR/MEL/Europe FF
The benefits/conditions were agreed ($250).


A voluntary denied boarding was agreed, but not the payment of money. The OP thought, to volunteer for a voluntary denied boarding after money were offered by an loudspeaker announcement would make the announcement a part of the agreement. Unfortunately he was wrong - under German law and as well under US law. And that is the key aspect here.

Originally Posted by LHR/MEL/Europe FF
The passenger was a volunteer for the pusposes of Article 4. The compensation should be due regardless of actual arrival time?
If a compensation is part of the agreed conditions: Yes. If not: No. In this case: No.
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Old Oct 19, 2018, 6:23 pm
  #92  
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Originally Posted by thbe

A voluntary denied boarding was agreed, but not the payment of money. The OP thought, to volunteer for a voluntary denied boarding after money were offered by an loudspeaker announcement would make the announcement a part of the agreement. Unfortunately he was wrong - under German law and as well under US law. And that is the key aspect here.



If a compensation is part of the agreed conditions: Yes. If not: No. In this case: No.
And this brings us back to the issue of what was mentioned and when.

The main purpose of my post though was to examine the effect of EU261, and whether you could have an agreed compensation separate from the delay/IDB compensation. Article 4 suggests you can with no time limit constraints for 'agreed' compensation (eg you could arrive hours earlier but still be entitled to anything agreed).
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Old Oct 19, 2018, 11:09 pm
  #93  
 
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The offer that would have been made on the tannoy would have been 250euros to take a later flight to gva. It may even have stipulated which later flight to gva

the op did not take a later flight to gva
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Old Oct 29, 2018, 2:17 pm
  #94  
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So, 3 people at LH refused compensation, after "thorough reviews" of my information, so I filed a US DOT complaint, since the ticket was issued in the US and goes against the standard Contract of Carriage related to IDB/VDB. I did search various IATA Conferences and there's no real set standard for compensation.

Today, I got this email:

-------------

We are sorry for the misinformation provided to you at the gate in Frankfurt in regards to compensation for your volunteering your seat for an alternate flight, for travel on the same day. While there are no remarks in your reservation regarding compensation, you are entitled to EUR125 (USD147) in accordance to EU 261 regulations. You may expect to receive our check for USD147 within 2-3 weeks which will be sent to your xxxx residence.

We recognize your disappointment that our agents were unable to rebook you to Miami. We appreciate your understanding we are only able to offer you an alternate flight to your original destination.

------------
So half. not what the GA offered, but I'll take it.

Despite being a VERY seasoned traveler, I'm now not leaving that podium or gate until I'm rebooked with compensation in hand next time. No more trying to be nice and a 'team player' by leaving the sole agent alone while they work the flight and get it out. As mentioned, getting me to JFK earlier didn't help as I had a connection on JetBlue, and the possibility of moving up to an earlier flight was not there. I'm just out some Swiss wine.
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Old Oct 29, 2018, 2:39 pm
  #95  
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Originally Posted by UAPremierExec
Today, I got this email:

-------------

We are sorry for the misinformation provided to you at the gate in Frankfurt in regards to compensation for your volunteering your seat for an alternate flight, for travel on the same day. While there are no remarks in your reservation regarding compensation, you are entitled to EUR125 (USD147) in accordance to EU 261 regulations. You may expect to receive our check for USD147 within 2-3 weeks which will be sent to your xxxx residence.

We recognize your disappointment that our agents were unable to rebook you to Miami. We appreciate your understanding we are only able to offer you an alternate flight to your original destination..
Who sent sent the email?
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Old Oct 29, 2018, 2:52 pm
  #96  
 
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Originally Posted by LHR/MEL/Europe FF
I think this is a key issue, which has been alluded to in much of this thread. Unfortunately it may be that the finer details were not ironed out until the original flight had departed, meaning it was too late to resolve the misunderstanding at that point (that is, what the OP thought they were getting, and what the agent thought they were offering). For example, the agent may have assumed the $250 was for the inconvenience of arriving late. But in fact the schedule meant the OP was arriving early. The OP may have thought the $250 was for the inconvenience of missing the stop in GVA, to which the agent might have been unaware.
Obviously LH is not EK, where the journey is the destination
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Old Oct 29, 2018, 3:30 pm
  #97  
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Originally Posted by s0ssos
Obviously LH is not EK, where the journey is the destination
https://www.youtube.com/watch?v=GS8nqYf5NvQ
Sorry, what is your point?
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Old Oct 29, 2018, 4:26 pm
  #98  
 
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Originally Posted by UAPremierExec
We are sorry for the misinformation provided to you at the gate in Frankfurt in regards to compensation for your volunteering your seat for an alternate flight, for travel on the same day. While there are no remarks in your reservation regarding compensation, you are entitled to EUR125 (USD147) in accordance to EU 261 regulations. You may expect to receive our check for USD147 within 2-3 weeks which will be sent to your xxxx residence.

We recognize your disappointment that our agents were unable to rebook you to Miami. We appreciate your understanding we are only able to offer you an alternate flight to your original destination.
So LH admit that you were entitled to EU 261 but none of the 3 people you talked to offered this in the first place. Seems they need to do some training.
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Old Oct 29, 2018, 4:41 pm
  #99  
 
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Originally Posted by LondonElite
Sorry, what is your point?
Someone was saying that agents always think you want to get there sooner, without stopover, the earlier the better. And that's not correct.
Because some people literally fly more as they enjoy it, and Jennifer Aniston expressed it in the ad.
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Old Oct 30, 2018, 2:09 am
  #100  
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Originally Posted by geminidreams
So LH admit that you were entitled to EU 261 but none of the 3 people you talked to offered this in the first place. Seems they need to do some training.
Well we too had weeks of discussion in this thread... So I’ll give them the benefit of the doubt.

Happy to know this has finally been resolved!
So apparently they gave you 50% of the 250 EUR and handled it as denied boarding (only the GVA flight, as else the amount would have been bigger?) But took 50% off because you arrived in JFK earlier?
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Old Oct 30, 2018, 2:27 pm
  #101  
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to then sit and wait longer for my JetBlue flight....
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Old Dec 13, 2018, 3:09 pm
  #102  
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Originally Posted by vbroucek
Your typical LH bashing.

It was not denied boarding - OP volunteered!!!
That's called "voluntary denied boarding". Look it up.

Full stop nothing to discuss here.
That isn't stopping you. The Greeks had a word for that.

And OP was not delayed at all - actually arrived to JFK 20 minutes earlier...
And OP was denied the ability to buy wine in Switzerland and flew a lesser (in OP's opinion, the only one that matters) airline TATL.

Most importantly: a *contract* was violated. The GA made an offer, OP accepted and performed. The GA then committed a Trump.
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Old Dec 13, 2018, 3:15 pm
  #103  
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Originally Posted by fanb
Ive been several times in a situation where im a VDB, where I volunteerly give up my exit row seat for 250€.. However I still have to wait till everyone boards because there might be a no-show.. And I am put on standby, someone takes my seat and I end up in the middle seat in the back (happened to me twice ) ..but I don't (and can't) expect a compensation for that ..
I do. Or, these days, I ask them to hold my seat for me until they need it, or provide compensation if I lose that seat (unless they upgrade me).
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Old Dec 13, 2018, 3:17 pm
  #104  
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Originally Posted by thbe
The legal situation is 100% clear. An announcement by loudspeaker is nothing more than a invitation to make an offer. It simply can not be more than that. What happens, if 100 passengers say, they want to take that offer?
Fine, it was an invitation to make an offer. OP offered his seat for 250. LH accepted that offer (by taking his seat). Still a contract.
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Old Dec 13, 2018, 5:34 pm
  #105  
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Originally Posted by LondonElite
I disagree with you that this is IDB. Neither of us was there, but I get the impression that the agreement of change-plane-for-money-in-your-bank-account was not completed to the satisfactory understanding of both sides. LH thought they needed volunteers and made an announcement about compensation, presumably based on inconvenience. When that inconvenience did not materialise, the offer was retracted.
Then they should have restored the status quo ante, putting OP on his original flights. That's happened to me: Delta offered $1,000 to take a later flight, I accepted, but then there were a bunch of people who moved off my flight and they retracted the offer and put me back on my original flight, in my original seat. They didn't get to say "You're still taking the later flight but we retracted our offer to pay you."
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