usedtobeimportant

I was on BWI-FRA (DE2075) twice. The first time was delayed 20 hours and they paid me compensation for that, $600.

The second time was a four hour delay and I received the explanation:

"After careful consideration we regret to inform you that in line with the EU Regulation 261/2004 a payment of compensation would not be considered applicable in this case as the delay was caused by an unforeseeable incident. The reason for the delay was a diversion due to a medical emergency on a previous flight of the aircraft that operated your flight."

Note the use of "a" previous flight not "the" previous flight.
I checked and what they say is true, but it wasn't the incoming aircraft that the medical emergency occurred on rather it was the BWI-FRA flight the previous day.

So how far back can the carriers go to deny an EU261 claim? Here they've gone back 2 flights.

Of course there won't be a third time so this is purely academic.

MSPeconomist

I hope you're going to fight it.

usedtobeimportant

All I have is a twitter account that DE2075 was diverted the previous day due to a medical emergency?

Fabo.sk

Step 1. Write to them that this is not an acceptable reason to deny compensation, as the diversion happened on a flight to their hub on a previous day. Mention you will take this further as needed.
Step 2. Complain to Luftfahrt-Bundesamt ( https://ec.europa.eu/transport/sites...ent_bodies.pdf )

If that does not help, consider legal action or help from an agency.

usedtobeimportant

Should I also mention that the medical emergency was not on my flight, not even on the previous flight of my plane but the flight before that?

I'm confused as clearly if I were to be late due to a medical emergency on my flight I can't claim compensation.

Thanks.

notquiteaff

I think in Germany this is the designated (by Luftfahrt-Bundesamt) mediator to use for complaints:

https://soep-online.de/welcome.html

and yes, I agree that it is not reasonable to deny compensation in this case. An airline could essentially deny any compensation request using the argument that the delay was caused by a non-covered even at some point in the past (days, weeks, months ago).

ffay005

My understanding is that once the plane lands at their hub, the reason for delay stops rolling over. Ie if medical emergency happens on FRA-BWI, then BWI-FRA is still extraordinary, but after that, for the next FRA-XXX flight, it does not apply anymore. Can't remember the source for this, though.

Often1

There is no such rule and no precedential authority either.

In the case of "knock on" delays, each fact pattern will be decided on its own.

usedtobeimportant

I wrote to DE that their excuse was not acceptable 1 week ago

Do I give then a month before writing to the Luftfahrt-Bundesamt

notquiteaff

I’d give them two weeks. And I would have mentioned that in the letter.

usedtobeimportant

Okay. They've replied now for a second time they aren't paying compensation.

Does anyone have a successful draft letter I can use to write to the Luftfahrt-Bundesamt?

If not, what points should I hit?

FlyerTalker324193

I would just give it to a lawyer or to one of the refund portals. The Luftfahrtbundesamt has a pretty bad backlog.

Yes, the portals take a cut of 25-33 per cent but you don't have the hassle. Especially since you're based in the US (according to your profile), I think the specialized web agencies are gonna be more convenient for you than personally dealing with a German government agency or a German lawyer.

usedtobeimportant

I'm surprised these agencies actually engage lawyers and actually call up the relevant agencies. I thought they just did what do?

Is there a particular agency that deals with German carriers or perhaps one that deals specifically when you've been turned down by the carrier?

Thanks,

Ian

notquiteaff

I was on flight DExxxx operating BWI-FRA on this and that day. It arrived with a delay of X hours.

The aircraft operating this flight arrived as flight DEyyyy (FRA-BWI) with a delay of Y hours.

FRA is Condor’s primary hub.

Condor denied EC261/2004 compensation for flight DExxxxx arguing that the inbound flight DEyyyy was impacted by a delay on an earlier flight due to extraordinary circumstances (see attached Condor letter).

Condor’s argument, if accepted, could effectively eliminate compensation requirements for all future flights ever operated by this aircraft. I don’t believe that is in accordance with EC261/2004. Condor had the opportunity to substitute an alternative aircraft from its FRA hub to operate DEyyyy and DExxxx as scheduled.

usedtobeimportant

Thanks. But I didn't take the flight. It was delayed so long (20 hours) I had to book another flight with Turkish Airlines.