I am a litigator but do not specialize in travel law. Without knowing the particulars it is hard to say what your best course of action is and how likely it is you could recover against a foreign corporation here in the US. Lufthansa does have officer here though do they not?

This issue as I see it is that you don't have a contract or agreement with Lufthansa. What exactly do you have in writing regarding the situation.

Did you rely in any way on Lufthansa's offer in making travel decisions? What did Lufthansa receive in exchange for honoring these miles?

It certainly is possible to obtain attorney's fees in such an action depending on where it is filed. Many states have unfair business practices acts that provide attorney's fees and treble damages. Other potential causes of action would be fraud and breach of contract.

I am just unclear as to what you have an writing and what assurances were made to you. I recommend you don't provide too many details on a public forum however, as it could come back to haunt you.

Even if you win in small claims court, there is no way to force the airline (or another person for that matter) to pay.

I recall that in fall of '02 Qualiflier members had the choice to transfer to the LX travel club or programs of other qualiflier members. TAP and LOT come to my mind. But transfer from Qualiflier to LH?? Am I missing something?

Have the sheriff seize assets of the airline, and then start MileTex Airline?


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Middle_Seat

Last week it was reported, that a guy could not get Lowe's to pay a small claims judgement. So, they guy shows up at one of their stores with a couple sheriffs and pulls a bunch of lawnmovers out of the store, and subsequently puts the merchandise up for auction.

Imagine MileTex showing up at JFK just around peak check-in time and have a few computers pulled out from LH check-in counters!!

If it's enough then it's probably cheaper for LH to just play dumb instead of releasing them...

I have rental property and finding assets is tough. I've always garnished wages, but it would be hilarious to watch the Sheriff takes posession of a plane because the airline ignores the "judgement" just because its Small Claims Court.

Originally posted by letiole:
Originally posted by smarten:
Actually, regardless of how anyone became "famous" or "newsworthy," Alexander Anolik is a recognized expert in the field of Travel Law, and is the author of a periodically updated (at least as of the early 1990s, last time I checked) treatise by the same title, found in many major law libraries throughout the the country.

It is also found in some smaller law libraries, too, such as that of the U.S. District Court for the Northern Mariana Islands.

Why don't you consult that treatise first? And it wouldn't hurt to ask whether he does take some plaintiffs' litigation cases. If not, or if he's semi-retired, consulting published cases is one way to find attorneys. Another is to ask a lawyer who he would recommend, other than himself. If Mr. Anolik in fact does not do litigation, then I would certainly respect any recommendation he would make.

But don't dilly-dally (procrastinate). There may be a statute of limitations that might expire on your cause of action.

Also, regarding pessimistic comments about likelihood of success, reimbursability of legal fees, etc., that's what you pay an attorney to evaluate.

Plaintiffs fees have been known to be paid as a portion of the recovery rather than up-front, if your lawyer thinks there is a reasonable likelihood of success.

And "self-help" methods like setting up an internet site are unlikely to get your miles back.

My guess is that the carrier may be purposely trying to run out the statute of limitations.

Get hot!

A few observations:

1. If the problem is getting the airline to respond, have you considered trying to get a travel ombudsman involved? There are a number of them out there (Conde Nast Traveler magazine comes to mind, also one that is quoted on WebFlyer). Since they have the ability to publicize lack of cooperation in a nation-wide or world-wide forum, they can often command attention.

2. I was also a member of Qualiflyer before they went Tango Uniform, and would have liked to transfer my miles into LH, but as I recall one didn't have a lot of choice. If I remember correctly (and you might want to do a search in the Qualiflyer archives), you had to have earned the plurality of your Qualiflyer miles on LOT in order to transfer them to LH.

3. And, I think someone (Marvella?) commented on how slow Qualiflyer was in getting the miles transferred to LH, with LH saying there was nothing they could do until the miles were actually transferred to them. Have you checked with Qualiflyer to ensure that they sent the miles to LH rather than to TAP or someone else?

4. I'm not a travel law lawyer, so this may not be viable, but have you tried contacting the U.S. Department of Transportation? I seem to remember that in order for LH to fly into and out of the U.S., they had to agree to DOT jurisdiction on some matters, and the FF program as to Stateside members might be one of those matters. I'd bet DOT could get LH to respond!

I did not hear about this, but that Lowes story is quite funny.

It would be better if MileTex just took a plane and auctioned that off. I assume any proceeds over the judgment amount would have to be given to the airline, but it would sure be funny anyway. Now if only he can figure out which small claims count to sue in. I assume he can't just sue in Texas and then show up in another state to collect his plane.

USAir once made me pay a $35 expedite fee because their website was down and I was forced to book an award ticket over the phone. If I sue and they don't show up, can I get a plane too?

It's a fun fantasy to imagine you could seize a plane but
(a) No judge in their right mind would allow it AND
(b) Rarely do the airlines own their planes, it's usually some separate leasing corporation.

In fact, airlines own little of what carries their brand.

You'd have much better luck attaching a checking account, and there are a number of ways to find out which accounts the airline has (one of the easier being to make a small payment to them with a check and reading the endorsement on the returned check).

You know of a bank that still returns checks this day and age?

Off topic, but that's one of my gripes: The check is a direction by the account-holder to his bank, and belongs to the drawer (maker, person who signs it) and in law used to have to be returned to him by the bank when it paid the check out of his account.

About two decades ago, some banks decided they would unilaterally destroy the account-holder's property instead of returning it to him. Oh, they dressed it up as an "enhancement" (maybe that's where the airlines' publicists got the idea), "We're destroying your property in your best interests so you won't have to deal with it." Wait a minute - if I want to destroy my property, I know how to do it, and it should be *my* choice, not my agent's.

Also, once destroyed how do you prove payment down the line? (I know, they say they keep a microfilm copy for "up to XX years", but how long is "up to XX years"? Like "save up to 50%" it means nothing specific; they could meet that promise by keeping the microfilm ten seconds.)

More importantly, having worked in law, I know that it essentially is destroying evidence in case of a crime. Destruction of the check itself makes it almost impossible to prove forgery, since the microfilm (which has poor resolution) won't show some of the tremors and traces a handwriting expert looks at, and totally eliminates the information about pressure, and fiber disturbance the expert looks for to see if there has been tracing, or alteration of the original. Also, by destroying the check you have destroyed the fingerprints (more importantly, in the case of a stolen check which has been illegaly cashed, it destroys the "fist" on the back where the thief endorsed the check - you catch lots of thieves that way, since endorsing a check while wearing a glove is unusual enough to be remarked on).

The most important part to me, though, is that your bank is destroying your property without your permission. Does that give you a warm and fuzzy feeling about the honesty of your bank?

Anyway, I was always able to find a bank that returned checks (it was a matter of principle to me), but last year the little country town bank (the last one I was able to find that still returned checks) wrote me that they were going to do me the great favor of destroying my property. I haven't been able to find an "honest" bank since then.

If anyone has one, please let me know.

OK, now that I've had that rant, I'll sit down and color quietly.

Interesting Counsellor. My credit union gives me the option of having the checks returned. If I chose that option, it comes with a price tag - I can't remember how much - so I've never opted for it. I might look into it and reconsider.

Banknorth, N.A. (branches in New York State and all the New England states except R.I.) still returns checks by mail. More about their personal checking accounts, some of which are free, here.

Farmers & Merchants Bank ( branches in Centre and Leesburg, AL that I know about), still returns checks - I know because my late father's account is there.