iLied

Yes. It goes by your actual arrival at destination vs scheduled arrival time.

SK AAR

You can apply to LH for reimbursement of the Airrail ticket.

In respect to comp. you arrived at destination with a 2 hour delay (4 hours waiting for bags has no impact in respect to comp. for delay/cancellation)

Fabo.sk

There are reasons other than weather that mean they can get out. One way or another, I suggest contacting LH, see what they say, and if you can't get them to pay up, leave it to a claim agent. I just got some money out of TK via one of the agents, after they refused to pay me out three times. Cost 150 EUR out of 400 total compensation, but as I see it, I am 250 in the green.

But destination was not FRA, but DUS.

EC261:

the fact that OP arrived to FRA less than 2 hours late does not absolve LH from compensation unless it offered also an option to arrive in DUS less than two hours late.

It does not matter what route OP actually took. best LH can do is cut comp by 50% if proposed DUS flight arrived less than 4 hours after original, which presumably is not the case else OP would not take the train.

kahuna613

Yes we were three passengers and the tickets were about 500USD per person so I actually stand to make money. Will try directly requesting and go to a service if necessary. Thanks!

nordboa

Similar question. LH cancelled my flight to Naples and rebooked me to Paris on LH and then onwards with AF. The leg with AF is in Y so it's both cancellation and an involuntary downgrade. I have submitted a claim for a refund, but where do I claim compensation for the downgrade?
To top it off I won't make the last boat to Ischia so I have to spend a night in Naples as well. LH would have to refund this stay right?
Thanks for any help

SK AAR

This is not downgrade. You never had a ticket for AF in C/J to Naples. If you wanted/insisted to travel in J/C I'm sure LH would have been able to rebook you (but most likely not on the day that you wish). You need to contact LH for refund of fare difference for the AF flight; most likely the amount will be small.

You should claim compensation EUR 250/125 for cancellation of the LH flight. The comp. amount will depend on distance from your point of departure to Naples and your arrival time at Naples compared to your scheduled arrival time under the LH flight.

Incidental expenses incurred at Naples is of no concern to LH and will not be refunded.

nordboa

Are you sure about this? Here is what LH writes at their own web page with regards to cancellations and delays

"This includes: meals and refreshments in reasonable relation to the waiting time, possibly hotel accommodation including transport costs, and the opportunity to make two brief telephone calls or to send"
Because they cancelled my flight I missed the last boat (which left 4 hours after my original time of arrival) which again lead to me arriving a day later at Ischia. I haa already prepaid the entire stay so I believe they sholud reimburse this night as well

Another question. Does anyone know where I can find the reason for the cancellation? My insurance company needs this to see if they can cover some of my expenses

eyems

Yes you can claim the compensation but its only one per journey they'd give

SK AAR

It includes hotel, meals during the traveling; not at your destination. You can try to apply for reimbursement, but with 99,9% certainty it will be denied. To be honest, you can't reasonably expect LH to cover hotel costs at destination because (1) that you were going to some island (rather than staying in Naples) and (2) that you made a non-refundable reservation/without any chance to cancel the first night.

nordboa

LH was not very helpful on this situation. The rebooking was very smooth, but the lady in the Senator lounge was not very nice to say the least.
Turns out I was rebooked in J with AF after all so there's no downgrade or anything there

nordboa

With this logic no airline is responsible for people missing onward connections with different transportations or hotels. When they fail to take you to your destination on time it should fall on them to carry any extra costs (exception apply of course, terrorism weather etc)
The ticket is a binding contract where LH part of the deal is to get me to Naples at a certain time, When they fail to deliever what they are supposed I think it's reasonable that they cover at least some of my extra expenses.
Most of us are going somewhere when we fly and I even made sure to have enough time between landing and the last boat in case of delays.

SK AAR

OK then sue LH for incidental costs. The fact is that the current regulation (Eu Reg. 261/04) doesn't provide any rights to reimbursement of such costs; hence you are not going to get it. Like it or not.

nordboa

Jeez. There's no need to be like this.
I'm just asking for help here, not to be schooled on how the rules work. In my head LH failed to deliever what they are supposed to. I know SK have covered cost due to cancellation and wondered if LH did the same
And I also wonder if LH will give me an answer as to why they cancelled the flight (they cancelled the later one to Naples as well on July 4th)

jochen_vdk

Just a general remark, without opinion about your specific question: if you really want to know your rights, you should go see a lawyer and not rely on the often bad legal advice that's been given here on the forum. The EU261/2004 regulation is only there to make things easier in standardized situations. But also national law is applicable and goes much further than the European regulation, and sometimes it can help to quote the relevant national law articles to be successful.

I remember a case with TAP (Missed connection / EU261 compensation?) where a user got told by all posters in the thread they would not get compensation because there was no valid claim, whereas he was actually successful claiming compensation from the airline without too much discussion.

Fabo.sk

That's not about local law going beyond EC261 though.

That's about two users (SK AAR and cws) misreading EC261.

If you go take a look at the Regulation itself, you will see that in multiple places including the ones relevant to this case, it does not work from what alternative the passenger has taken, but from what alternative the passenger was offered.
This case is pretty cut and dry IMO and both SK AAR and cws were indeed very wrong.

The passenger was offered an alternative flight to his destination which triggered right to compensation. He was not offered any other solution to the situation which prevents or limits compensation. End of story.
The passenger decided to break the trip, this could be construed a re-routing under Article 8 if need be, however I don't believe it necessary, as a passenger not taking advantage of one right does not nullify any other rights in any case.

Can you imagine what chaos would it be if airlines had to pay up based on what flight passenger actually took? You could apply your right to re-routing at time of convenience, and then sue for compensation because you arrived late - even if the airline offered you an alternative connection with the same time!