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EU261 Compensation for 27 JUL strike

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Old Aug 2, 2022, 3:24 am
  #1  
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EU261 Compensation for 27 JUL strike

Hi

My RHO-FRA-HAM trip was disrupted as FRA-HAM was cancelled because of the strike. We were forced to take a train from FRA to HAM. Is EU261 applicable? Can I claim the costs of the train on LH?
Anyone who had success so far?

BR BOBTL
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Old Aug 2, 2022, 5:41 am
  #2  
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Yes, LH owe you the train fare cost & duty of care

EU261 ought to apply because it was LH employees striking, so not extraordinary
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Old Aug 2, 2022, 9:14 am
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Originally Posted by BobTL
Hi

My RHO-FRA-HAM trip was disrupted as FRA-HAM was cancelled because of the strike. We were forced to take a train from FRA to HAM. Is EU261 applicable? Can I claim the costs of the train on LH?
Anyone who had success so far?

BR BOBTL
Strikes aren’t covered by EU261, however, Lufthansa should have a policy about it.
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Old Aug 2, 2022, 9:34 am
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Originally Posted by chris63
..EU261 ought to apply because it was LH employees striking, so not extraordinary
Originally Posted by iLied
Strikes aren’t covered by EU261, however, Lufthansa should have a policy about it.
In German jurisdiction, strikes are force majeure IIRC .. so OP depends on the goodwill of LH or a more customer friendly jurisdiction where they bought the ticket....
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Old Aug 2, 2022, 9:42 am
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Originally Posted by weero
In German jurisdiction, strikes are force majeure IIRC .. so OP depends on the goodwill of LH or a more customer friendly jurisdiction where they bought the ticket....
Exactly

Unlikely goodwill from LH but EU 261 ought to apply ex Greece, if LH paid their Staff correctly & by agreement = no strike
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Old Aug 2, 2022, 10:18 am
  #6  
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I'm quite confident that LH will try to play the extraordinary circumstances card when EU reg. 261/04 comp. is sought.
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Old Aug 2, 2022, 10:26 am
  #7  
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Originally Posted by SK AAR
I'm quite confident that LH will try to play the extraordinary circumstances card when EU reg. 261/04 comp. is sought.
That’s sadly the norm & dishonest, claims should be correctly dealt with on merit & by EU 261 rules
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Old Aug 2, 2022, 5:01 pm
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Originally Posted by chris63
Yes, LH owe you the train fare cost & duty of care

EU261 ought to apply because it was LH employees striking, so not extraordinary
Originally Posted by iLied
Strikes aren’t covered by EU261, however, Lufthansa should have a policy about it.
Originally Posted by weero
In German jurisdiction, strikes are force majeure IIRC .. so OP depends on the goodwill of LH or a more customer friendly jurisdiction where they bought the ticket....
AFAIK there is a judicial precedent that strikes within the airlines own vertical are not considered exempting from Right to Compensation. Only strikes outside of airline control - mainly the likes of ATC strikes.
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Old Aug 2, 2022, 8:14 pm
  #9  
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Originally Posted by Fabo.sk
AFAIK there is a judicial precedent that strikes within the airlines own vertical are not considered exempting from Right to Compensation. Only strikes outside of airline control - mainly the likes of ATC strikes.
Yes, that’s my understanding also
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Old Mar 4, 2024, 6:50 pm
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BobTL did you submit and were you successful?
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Old Mar 7, 2024, 8:33 am
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My flight with Austrian from CPH to VIE was cancelled 1st March due to their last minute strike. I was rebooked and home the next day. Wrote to Austrian requesting €250 compensation for the over 2 hour delay, and €45 for a taxi to get me to my overnight accommodation in Vienna before continuing to Linz the next day. Miraculously, the €295 is on my account, less than a week after the cancellation. No questions asked and no long back and forth needed. It seems that as it was the staff of Austrian that were striking, the ‘extraordinary circumstances, excuse couldn’t be used!
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