VDB Bait & Switch: The new norm?
#91
Join Date: Jun 2015
Posts: 1,481
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.
#92
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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.
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).
#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
the op did not take a later flight to gva
#94
Original Poster
Join Date: Sep 2001
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Posts: 3,858
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:
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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.
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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.
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.
#95
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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..
-------------
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..
#96
Join Date: Sep 2008
Posts: 7,875
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.
#97
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Obviously LH is not EK, where the journey is the destination
https://www.youtube.com/watch?v=GS8nqYf5NvQ
https://www.youtube.com/watch?v=GS8nqYf5NvQ
#98
Join Date: Apr 2012
Location: perth
Programs: SPG(LTG), QANTAS gold, Korean, Accor Plat
Posts: 1,500
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.
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.
#99
Join Date: Sep 2008
Posts: 7,875
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.
Because some people literally fly more as they enjoy it, and Jennifer Aniston expressed it in the ad.
#100
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?
#102
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Full stop nothing to discuss here.
And OP was not delayed at all - actually arrived to JFK 20 minutes earlier...
Most importantly: a *contract* was violated. The GA made an offer, OP accepted and performed. The GA then committed a Trump.
#103
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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 ..
#104
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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.
#105
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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.