snic

I've done a lot of searching and gotten conflicting answers. So I am consulting the collective wisdom of SK fliers.

I bought an economy class ticket from ARN to BLQ (Bologna) via the SAS website (so, it's a SK ticket). The ticketed routing was ARN-FRA-BLQ, and the first leg was on SAS and the second on LH.

The ARN-FRA flight was delayed by about an hour because of a faulty temperature sensor in the cockpit, which had to be repaired. This caused me to miss my FRA-BLQ flight. LH happily placed me on the next flight, which was scheduled to arrived more than 3 hours after my original scheduled arrival time in BLQ. I believe I am entitled to 400 euros of compensation.

But, the fact that there are two airlines involved complicates things. The fault for the delay clearly lies with SK, as it's their plane that had a mechanical problem. Will SK say that they got me to FRA well within 2 hours of the scheduled arrival time in FRA, and therefore refuse to pay? Is there any judicial case history that covers this specific situation (two different carriers, where the first is at fault for causing the passenger to miss the second flight)? If so, then I would cite it in my claim to SK - but I am having trouble finding any reference to such a case.

alibi

Delay at final destination is what determines compensation. You have to file your claim with SAS as they are responsible for the delay.

Often1

There is nothing odd here if you look at EC 261/2004. It is the operating carrier which caused the delay and delay is measured at your final ticketed destination.

The operating carrier of the flight causing delay was SK, so it is SK which owes you compensation based on a delay exceeding 3 hours of EUR 400.

LH has nothing to do with it as it did not cause or operate a delay and who ticketed the flight is irrelevant.

snic

Thanks for these answers. I'm preparing my complaint to SAS and will report back here with their response.

ksu

SAS is supposedly quick with uncomplicated EU261-requests

snic

SAS agreed to my request for compensation under EU261 and wired 400 euros per passenger to my bank account. The whole process took about 3 and a half weeks from online complaint to money in account.

The ironic thing is that in FRA, we asked the LH agent if we could change our flight from FRA-Bologna to FRA-Florence. She called SAS (as the ticket was on SAS stock) and the SAS agent said no. Had they said yes, I most likely would not have asked for EU261 compensation. It would actually be nice if there were a way to formally waive one's right to such compensation in exchange for something else that a passenger might want for the sake of convenience, such as a flight to a different destination.

warakorn

For a rebooking to FRA-Florence -> SAS would had to have pay LH money to achieve that. LH is not doing it for free.

snic

Sure. But the cost to SAS probably wasn't 400 euros.

THD

Why?

OP was flying a LH segment anyway to BLQ and was already awaiting rebooking onto another LH flight. SK should not incur a cost to move the passenger to a LH flight to FLR. The reprotection agreement for IRROPS should allow for rebooking to nearby airports.

LH are pretty good with IRROPS allowing rebooking to nearby airports, have swapped BHX, LHR or BRS as required in the past during delays, at least with LH issued tickets. Sounds like SK were being inflexible for inflexibility's sake.

snic

Indeed, the LH agent told me that if it had been a LH ticket, she'd have been able to change our destination to FLR with no problem at all.

Well, the SAS agent was probably just following the rules she'd been told to follow. Seems like inflexibility, but was probably just systemic corporate stupidity. Maybe those are the same thing. At any rate, the minute the 1200 euros hit my bank account, my stance towards their inflexibility transitioned from irritation to amusement.

warakorn

Honestly speaking, who would have guaranteed SK (if they allowed a rebooking to FLR) that you won't claim EC261/2004 compensation?

SK AAR

Phone agents have little leeway to change anything even in case of IRROP (whereas agents in the airport will do almost anything to get you on your way/to the next person in line). It may have turned out differently if SK had agents/ticket office at FRA and you requested a rerouting with them.

THD

That depends on schedules, rerouting to FLR could have reduced the delay below the compensation threshold.

Even if the schedule wasn't better, SK were on the hook for compensation anyway. If the customer requested a change in destination the marginal cost of moving from one LH flight to another LH flight is minimal or none. It is simply an opportunity to provide better service. LH allows it, KL allows it, the 3 US majors all allow rebooking to alternate airport within 200 miles during IRROPS.

snic

That's why there should be a mechanism for an airline to offer some sort of perk (business class upgrade? rerouting to different destination? etc) in exchange for the customer waiving his right to EU261 compensation. If that's not prohibited by EU law, I'm surprised that airlines haven't hit on this idea as a way to reduce compensation expenses. But, apparently the vast majority of people who are due compensation don't ask for it, so SK's strategy seems to be to just to eat the cost (and LH's strategy is to refuse to pay until threatened with a lawsuit).

The LH agent phoned a SK agent, who was presumably someone dedicated to fielding calls from LH and other airlines regarding problems like this. I doubt the LH agent called 1-800-FLY-SAS or whatever the public-facing number is in Germany.