boscml

Hello,

I am trying to determine if any of my myself or my co-workers have a valid 261 claim after a Lufthansa flight cancellation. The 4 of us were supposed to go on February 2nd:
GVA - MUC (LH 2385)
MUC - BOS (LH 424) arriving at 6:50 PM EST

The GVA-MUC leg was canceled and the 4 of us scrambled to get on new flights. I was rebooked on Swiss and managed to get to Boston by 8:15 PM EST. Two co-workers were put on BA flights and got back to boston by 10:00 PM EST. The last co-worker did not make the connection at LH because his BA flight was late and had to stay the night in London and got back to Boston at 11 AM on February 3rd.

I'm pretty sure I am not due anything through EU 261 (please correct me if I am wrong here). But as for my co-workers? Do they have compensation claims because of the late arrivals and the missed connection? I'm sorry if these are simple questions, but this is the first time for me to think about 261 claims.

Thanks!

SK AAR

What was the reason for the cancellation of GVA-MUC flight? Weather?

If not caused by extraordinary circumstances, your co-workers arriving BOS at 10PM are entitled to EUR 300/pax for delay under EU Reg. 261/04

The co-worker who was delayed until the next day, is due EUR 600 as compensation, however, I expect LH to deny the full compensation with the reference that LH is not liable misconnections with BA. I fear that LH will vigorously deny liability and point to BA as the operating carrier,

As you are already aware you not entitled to any comp. for delay under EU reg. 261/04.

Often1

You have not provided the reason for the cancellation and that will be dispositive. So, please provide that for further guidance. Putting the reason aside, here is how compensation will be calculated if EC 261/2004 compensation is due at all.

Compensation times and amounts are based on final ticketed destination, e.g. BOS. Thus, a Type 3 flight with compensation of EUR 300 for over a 3-hour delay and EUR 600 for over a 4-hour delay.

1. You do not have a claim as you were only delayed by less than 3 hours.
2. Two co-workers arriving at 22:00, are entitled to EUR 300 for a delay of 3:10.
3. The last co-worker is entitled to EUR 600 for a delay of 16:10.

LH will make a fuss about the last coworker, but LH was the operating carrier and the coworker was delayed by more than 4 hours. If LH denies the claim, the coworker may wish to try collecting from BA before pursuing LH further. Standing on form here doesn't really matter.

Each passenger should make his own claim so as to keep the facts clear and separate. I presume that the last coworker had his hotel covered by BA.

boscml

Thank you SK AAR and Often1 for answering. The plane we were supposed to take to MUC had a mechanical and did not take off from ZRH to make it to GVA.

MichielR

Porcepic

I would rather say the following, as the original flight has been cancelled:

1. OP need to confirm he did not have to leave more than one hour before the original scheduled time of departure. If he had to left before, he is entitled to a EUR 300 compensation. If no, he doesn't have a claim as he was only delayed by less than 2 hours.
2. They are indeed entitled to EUR 300 (delayed more than 2 hours but less than 4 hours).
3. If the last co-worker was rebooked on the same BA flight as the two other co-workers arriving 3:10 late, then he is entitled from LH to a EUR 300 compensation (as he was rebooked on flights arriving more than 2 hours after his original scheduled arrival and less than 4 hours) and another EUR 600 compensation from BA as he missed his connection on the rebooked itinerary (4.2 of the interpretative guidelines state that "any new right to compensation according to Article 7 will apply to the re-routed flight accepted under Article 8(1)(b) or (c) if it is also cancelled or delayed at arrival").

Of course all of this is under the strong hypothesis that the cancellations have not been caused by exceptional circumstances.

Also note that these amounts must be paid in cash. Airlines policy might be to offer you higher amounts of compensation if given as vouchers.