Crazydre

Originally had an EW booking PRN-DUS-NCL and a rail ticket Newcastle-Manchester, whereby I would've landed at NCL at 10:40, then reached Manchester at 14:20.

15 days before departure, the DUS-NCL flight was cancelled and I was re-booked to PRN-DUS-MAN, whereby I would've landed at MAN at 14:40.

3 days before departure, the PRN-DUS flight was cancelled.

1 day before departure, I was re-booked to PRN-VIE-FRA-MAN with OS+LH. Ended up with this and landed at MAN at 22:55.

A week ago I e-mailed [email protected] asking for:
* EUR 400 compensation per EC261
* Reimbursement for the unusable, nonrefundable rail ticket Newcastle-Manchester (GBP 10.55).

I told them that, should extraordinary circumstances per EC261 apply, they are to provide a detailed explanation with relevant documentation. I added that I may check the accuracy of their information with the relevant authorities, "adivising against" giving incorrect/misleading information.

(airlines will happily claim "since there happens to be an ongoing pandemic, everything counts as an extraordinary circumstance, so you can't claim for anything ever". This is emphatically NOT true.)

I got a "read" receipt very quickly, but no response yet.

NOW, my question is: what German authority can check whether an airline is being truthful about the reason for a cancellation? The EU's list of national enforcement bodies refers to the Luftfahrt-Bundesamt, but someone told me they only accept cases where there's concrete evidence of an airline violating EC261, not examning cases in order for a customer not to be conned.

Third-party agents such as Claimcompass do deal with such examinations, but would keep 35% for themselves, so I want to avoid going through them if at all possible.

So in summary: what authority in Germany do I turn to? Or is it perhaps the Kosovan civil aviation authority?

warakorn

The Luftfahrtbundesamt (LBA) is not going to lift a finger. Scheuer and Spohr are good buddies.

Often1

As you are likely aware, the EC has issued Guidance which will make it virtually impossible to collect compensation for cancellations and delays during the pandemic. The chances that EW cannot find a remote connection to the pandemic are slim and this leaves you hanging by less than a thread.

If you wish to pursue, no agency is going to conduct your investigation and you will need to obtain the relevant facts through data requests and then once in litigation, requests for documents. But, it will almost certainly be for naught.

While you have not posted the specific connection times, it is likely that EW had some duty of care and you may well have an EC 261/2004 claim for a reasonable meal somewhere in there.

Crazydre

EC261 is crystal clear; it must be beyond the control of the airline. What I can say is: the PRN-DUS route wasn't cancelled altogether for that period of time (that could've reasonably be blamed on security issues). Instead, I was booked for the 3 July, and it ran on 1 and 4 July (I made screenshots proving it took off on the 1 July). I can't see how reducing the frequency would possibly be due to an act of God. Could you please clarify this? Also, could you please quote the relevant part of the Guidance?

warakorn

You are just wasting your time and nerves.

Finkface

Surely this could have just been asked in your other existing thread
Eurowings cancellation and EC261 rights

Crazydre

Different issue, which concerned the re-booking itself, which has been solved, so figured it wouldn't suit there.

Other users said that regarding the re-booking too, but turned out Eurowings realised I'm the wrong person to try conning and ended up doing the right thing.

Besides, EUR 400+GBP 10.55 is a fortune to me, so if I'm to be refused that, I need a clear, official justification for it.
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athome

The EU clearly stated on 18-March that the compensation part of EU261/04 does not apply during the pandemic. No chance to get anything.

Crazydre

Exactly, and I for one don't see how an airline reducing the frequency of a route qualifies. I was due to fly (and did fly) on day X, and I have screenshots proving the cancelled route (PRN-DUS) took off on day X-2 and X+1.

So I need to know how this exempts them from paying compensation

athome

If you read the EU text further down, the box of Pandora gets opened. Therefore no chance.

"This condition may also be fulfilled, where the flight cancellation occurs in
circumstances where the corresponding movement of persons is not entirely prohibited,
but limited to persons benefitting from derogations (for example nationals or residents of
the state concerned).
Where no such person would take a given flight, the latter would remain empty if not
cancelled. In such situations, it may be legitimate for a carrier not to wait until very late,
but to cancel the flight in good time (and even without being certain about the rights of
the various passengers to travel at all), in order for appropriate organisational measures to
be taken, including in terms of care for passengers owed by the carrier. In cases of the
kind, and depending on the circumstances, a cancellation may still be viewed as “caused”
by the measure taken by the public authorities. Again, depending on the circumstances,
this may also be the case in respect of flights in the direction opposite to the flights
directly concerned by the ban on the movement of persons.
Where the airline decides to cancel a flight and shows that this decision was justified on
grounds of protecting the health of the crew, such cancellation should also be considered
as “caused” by extraordinary circumstances.
The above considerations are not and cannot be exhaustive in that other specific
circumstances in relation to Covid-19 may also fall under the ambit of Article 5(3)."

Crazydre

You make it sound black-on-white (quote 1), when the wording (quote 2) makes it clear it's anything but. It says "may" precisely because the circumstances must fall within Article 5(3) of EC261, i.e. the cancellation/delay must be beyond the airline's control. So again my question is: if a route is cancelled on day X, but operates on day X-2 and X+1, that seems like a voluntary reduction of services (profitability issues?). So how exactly is that outside the airline's control?

athome

I don't want to make it black or white. I am not even stating that your claim would not be founded. I just want to express that your chance to get the money are very, very slim and even if you would eventually win, it would be hard fight in court. There are no so clear rules at the moment. It is not even clear how a court may rule, as there are no previous rulings to refer to. It was much easier pre-Covid, as there were a lot of rulings setting the frame.

Crazydre

We agree on this. This is why I was hoping to get advice on what authority in Germany (or perhaps Kosovo) to contact, that would have the competence and resources to verify eligibility.

athome

As long as you don't know what would be regarded extraordinary by a court, you are fishing in the dark.
Nobody stops you trying, but it will be steep uphill battle.

athome

Authorities will not confirm the eligibility of your claim.
They eventually provide you with reasoning (the airline gave) for the cancelation, if it was not a safety relevant reason.