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LH cancels my booking - without letting me know (flight operating)

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Old Jun 27, 2020, 6:42 am
  #16  
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As the issue is whether one has to pay out a lot of money with the prospect of a lengthy and time-consuming fight with LH (likely to require an MCOL claim), I would call LH back and if I received the same answer, ask to speak with a manager and make clear that I had not cancelled the ticket.

From the face of the record, it is likely that the agent who performed the transaction did indeed cancel and refund the ticket and that is all the front line agent sees now.
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Old Jun 27, 2020, 7:01 am
  #17  
 
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Originally Posted by Often1
As the issue is whether one has to pay out a lot of money with the prospect of a lengthy and time-consuming fight with LH (likely to require an MCOL claim), I would call LH back and if I received the same answer, ask to speak with a manager and make clear that I had not cancelled the ticket.

From the face of the record, it is likely that the agent who performed the transaction did indeed cancel and refund the ticket and that is all the front line agent sees now.
Quite possible, and something that listening to the original agent’s conversation with OP would easily solve. Not sure how honest LH would be about that though. Is it possibleto force LH to play back these conversations? Last time I had a query and wanted to hear a previous conversation I was told it was not possible.
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Old Jul 9, 2020, 6:18 am
  #18  
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Originally Posted by Often1
As the issue is whether one has to pay out a lot of money with the prospect of a lengthy and time-consuming fight with LH (likely to require an MCOL claim), I would call LH back and if I received the same answer, ask to speak with a manager and make clear that I had not cancelled the ticket.

From the face of the record, it is likely that the agent who performed the transaction did indeed cancel and refund the ticket and that is all the front line agent sees now.
Originally Posted by LondonElite
Ask for a receipt showing the original form of payment.
Originally Posted by warakorn
This equates to a denied boarding situation, which triggers EC261/2004.
The burden of proof that the passenger wanted to cancel/refund the ticket lies with the operating carrier.



I cannot agree with you. Airlines would be able to deny all denied boarding claims, because the airline elected to cancel the ticket by themselves. This would contravene the entire EU passenger rights legislation.
Originally Posted by Fabo.sk
If it is not denied boarding, then what is it? Airline can just decide to "not reissue properly" a ticket and null and void any commitments to the customer?
I would find it extremely surprising if a court ruled that a passenger who was prevented from checking in is not denied boarding.

Going by the wording of EC261/2004:


and referenced:


In conclusion
  • Passenger has presented themselves for check-in, via electronic means
  • therefore passenger has presented themselves for boarding under the conditions laid down
  • ergo passenger has been denied boarding
You might argue that the passenger was not holding a ticket; however,
  • the passenger has not cancelled a ticket themselves
  • the airline has not cancelled the passengers flight - not the one he has been booked to
  • passenger can show he has been informed by the airline that he holds a valid ticket.
Airline cannot retroactively decide to cancel a passengers ticket because their own employee made a mistake.
Originally Posted by SK AAR
I beg to differ. This is nowhere near a "denied boarding" situation. You have no case law/ECJ rulings supporting your interpretation.
Originally Posted by mario
Actually this a classic "denied boarding" compensation claim. OP called LH for a ticket change, LH said it would do it and as far as the OP is concerned, that should be it, so long as the call recording aligns with this.

The ticket issuing malarkey is immaterial, as you can't expect a regular consumer to know about internal airline processes, and neither should it be a passenger concern if a ticket had been reissued or not.
Originally Posted by Carpacchio
That's why i asked whether he has a re-issued ticket. In that case, I guess LH would need to prove that he cancelled it, otherwise EU rights kick in.
Originally Posted by SK AAR
Where do you find such rights? EU Reg. 261/04 does not apply to tickets allegedly cancelled by pax (or someone else). It is neither a cancellation of the flight nor a denied boarding (the latter requires a valid ticket)
Originally Posted by Carpacchio
The conversations with the service agents are normally recorded, so you could ask them to check those.
However, giving the short timing, this won't bring your flight back.
Do you have a confirmation that the ticket was re-issued (i.e. new e-ticket) ? Then you can claim EU passenger rights for penalty of cancelling flight without informing you.
As an update: LH has accepted my EU261 claim after 4 days, and have paid out 250 EUR into my bank account after 7 days.
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Old Jul 9, 2020, 10:35 am
  #19  
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Not bad!
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