Dear SWISS Lurker Swiss denies EU 261/04 compensation - excuses not vaild
Jun 30, 2014, 11:56 am
#1
Suspended
Original Poster
Join Date: Jan 2005
Posts: 1,229
SOLVED! Swiss denies EU 261/04 compensation - excuses not vaild
Issue is now solved (10-27-14)!
On 17th of June I was supposed to fly from BSL to HAM on LX1038.
Flight got cxld at 18.30 nearly an our after offical boarding time.
After a bit of arguing I and other were re-booked on Germanwings flight from ZRH.
Plane from ZRH was already late.
I finally arrived at HAM at 22:39.
Now Swiss claims that the cancellation was due to a mechanical fault and this constitutes "extraordinary circumstances".
This is just not true, as the plane, according to ground staff, alreay had a mechanical delay leaving from Barcelona.
BSL as being one of the Swiss hubs, they could have easily replaced it with an other plane.
Also, EU courts have ruled, that a "mechanical issue" does not constitute extraordinary circumstances.
Any ideas on how to proceed?
On 17th of June I was supposed to fly from BSL to HAM on LX1038.
Flight got cxld at 18.30 nearly an our after offical boarding time.
After a bit of arguing I and other were re-booked on Germanwings flight from ZRH.
Plane from ZRH was already late.
I finally arrived at HAM at 22:39.
Now Swiss claims that the cancellation was due to a mechanical fault and this constitutes "extraordinary circumstances".
This is just not true, as the plane, according to ground staff, alreay had a mechanical delay leaving from Barcelona.
BSL as being one of the Swiss hubs, they could have easily replaced it with an other plane.
Also, EU courts have ruled, that a "mechanical issue" does not constitute extraordinary circumstances.
Any ideas on how to proceed?
Last edited by SwissCircle; Oct 27, 2014 at 11:22 am Reason: Issue was solved by Swiss
Jun 30, 2014, 7:47 pm
#2
Join Date: Aug 2004
Location: OSL/IAH/ZRH (time, not preference)
Programs: UA1K, LH GM, AA EXP->GM
Posts: 38,265
!
After a bit of arguing I and other were re-booked on Germanwings flight from ZRH.
Also, EU courts have ruled, that a "mechanical issue" does not constitute extraordinary circumstances.
Any ideas on how to proceed?
Jun 30, 2014, 11:49 pm
#3
FlyerTalk Evangelist
Join Date: Sep 2005
Location: Capetown
Programs: Marriott Lifetime Plat, IHG and Hilton Diamond, LH SEN, BA Gold
Posts: 10,167
On 17th of June I was supposed to fly from BSL to HAM on LX1038.
Flight got cxld at 18.30 nearly an our after offical boarding time.
After a bit of arguing I and other were re-booked on Germanwings flight from ZRH.
Plane from ZRH was already late.
I finally arrived at HAM at 22:39.
Now Swiss claims that the cancellation was due to a mechanical fault and this constitutes "extraordinary circumstances".
This is just not true, as the plane, according to ground staff, alreay had a mechanical delay leaving from Barcelona.
BSL as being one of the Swiss hubs, they could have easily replaced it with an other plane.
Also, EU courts have ruled, that a "mechanical issue" does not constitute extraordinary circumstances.
Any ideas on how to proceed?
Flight got cxld at 18.30 nearly an our after offical boarding time.
After a bit of arguing I and other were re-booked on Germanwings flight from ZRH.
Plane from ZRH was already late.
I finally arrived at HAM at 22:39.
Now Swiss claims that the cancellation was due to a mechanical fault and this constitutes "extraordinary circumstances".
This is just not true, as the plane, according to ground staff, alreay had a mechanical delay leaving from Barcelona.
BSL as being one of the Swiss hubs, they could have easily replaced it with an other plane.
Also, EU courts have ruled, that a "mechanical issue" does not constitute extraordinary circumstances.
Any ideas on how to proceed?
Jun 30, 2014, 11:58 pm
#4
Join Date: Apr 2006
Location: PRN
Programs: LH HON* || HH Diamond || Accor Gold
Posts: 1,271
Definitely write. Also consider doing a bit of a background research on flightradar24 to see if the airplane that was supposed to operate the flight may have had a history of being involved into cancellations. I used this info when LH claimed that it was beyond their control when a flight was cancelled due to technical issues with an aircraf -and I showed that the particular airplane had had 5 times technical issues/had been involved with cancellations due to technical matters and therefore should have been removed from the fleet or fixed properly. LH surrendered the moment I sent this info.
Jul 1, 2014, 5:30 am
#5
Company Representative - Swiss Airlines
Join Date: Jun 2009
Location: Zurich / Switzerland
Programs: Miles & More (LX)
Posts: 888
On 17th of June I was supposed to fly from BSL to HAM on LX1038.
Flight got cxld at 18.30 nearly an our after offical boarding time.
After a bit of arguing I and other were re-booked on Germanwings flight from ZRH.
Plane from ZRH was already late.
I finally arrived at HAM at 22:39.
Now Swiss claims that the cancellation was due to a mechanical fault and this constitutes "extraordinary circumstances".
This is just not true, as the plane, according to ground staff, alreay had a mechanical delay leaving from Barcelona.
BSL as being one of the Swiss hubs, they could have easily replaced it with an other plane.
Also, EU courts have ruled, that a "mechanical issue" does not constitute extraordinary circumstances.
Any ideas on how to proceed?
Flight got cxld at 18.30 nearly an our after offical boarding time.
After a bit of arguing I and other were re-booked on Germanwings flight from ZRH.
Plane from ZRH was already late.
I finally arrived at HAM at 22:39.
Now Swiss claims that the cancellation was due to a mechanical fault and this constitutes "extraordinary circumstances".
This is just not true, as the plane, according to ground staff, alreay had a mechanical delay leaving from Barcelona.
BSL as being one of the Swiss hubs, they could have easily replaced it with an other plane.
Also, EU courts have ruled, that a "mechanical issue" does not constitute extraordinary circumstances.
Any ideas on how to proceed?
I'm sorry to hear about the inconvenience on your trip to HAM.
Unfortunately, I am not in a position to provide advice in legal matters. Therefore, I would like to kindly ask you to remain in contact with our SWISS service center. If you feel that your case has not been evaluated correctly, I would suggest to contact the service center again and elaborate on your position.
Kind regards from ZRH,
Nick
Jul 1, 2014, 7:08 am
#6
Join Date: May 2009
Location: SIN (with a bit of ZRH sprinkled in)
Posts: 9,454
My personal experience: Even if it's a clear mechanical, ie Swiss would have to pay, they'll deny it. You'll have to sue them, if you want the money.
They'll offer a voucher/some miles usually, but obviously valued much less than your compensation should be.
They'll offer a voucher/some miles usually, but obviously valued much less than your compensation should be.
Jul 1, 2014, 8:23 am
#7
Join Date: Aug 2004
Location: OSL/IAH/ZRH (time, not preference)
Programs: UA1K, LH GM, AA EXP->GM
Posts: 38,265
No surprises there, eh.
A free SEN card helps the highest judges in Europe's greatest economy to employ a Botswana-USesque perspective on all things Lufthansa.
MX anywhere in LH's vast system, WX anywhere -> passenger's fault. EX261 has been transmogrified from a passenger protection manteau to an unfair competition discrimination t,/[ools against small airlines as they do not nearly have as many ports and locations they can blame MX/WX for
.
Tough luck for the OP that the country he originated from is even worse when it comes to consumer protection .
A free SEN card helps the highest judges in Europe's greatest economy to employ a Botswana-USesque perspective on all things Lufthansa.
MX anywhere in LH's vast system, WX anywhere -> passenger's fault. EX261 has been transmogrified from a passenger protection manteau to an unfair competition discrimination t,/[ools against small airlines as they do not nearly have as many ports and locations they can blame MX/WX for
.Tough luck for the OP that the country he originated from is even worse when it comes to consumer protection
.
Jul 2, 2014, 2:21 pm
#8
Suspended
Original Poster
Join Date: Jan 2005
Posts: 1,229
Thank you all for your input.
I got a CHF 50.- e-voucher for my next booking. ^
But that`s not what I should get.
After asking the service agent to escalate to her supervisor I haven`t heard back.
For principle sake I have now gone to eu claim and submitted the details.
I will keep you updated.
@weero: I really like Swiss and their product. What I do not like is being lied to and the disregard of consumer rights esp. when those are "law".
I have to stick to their AGB`s etc. and can`t amend those to me liking. Why should they?
I think my relation with Swiss will not take a dent here.
I got a CHF 50.- e-voucher for my next booking. ^
But that`s not what I should get.
After asking the service agent to escalate to her supervisor I haven`t heard back.
For principle sake I have now gone to eu claim and submitted the details.
I will keep you updated.
@weero: I really like Swiss and their product. What I do not like is being lied to and the disregard of consumer rights esp. when those are "law".
I have to stick to their AGB`s etc. and can`t amend those to me liking. Why should they?
I think my relation with Swiss will not take a dent here.
Jul 2, 2014, 9:13 pm
#9
Join Date: Aug 2004
Location: OSL/IAH/ZRH (time, not preference)
Programs: UA1K, LH GM, AA EXP->GM
Posts: 38,265
..@weero: I really like Swiss and their product. What I do not like is being lied to and the disregard of consumer rights esp. when those are "law".
I have to stick to their AGB`s etc. and can`t amend those to me liking. Why should they?
I think my relation with Swiss will not take a dent here.
I have to stick to their AGB`s etc. and can`t amend those to me liking. Why should they?
I think my relation with Swiss will not take a dent here.
Sep 29, 2014, 1:37 am
#12
Join Date: Nov 2010
Location: zurich
Programs: Miles&Smiles Gold
Posts: 509
flightright has given my EUclaim also to the lawyers. Swiss is not responding. And its a flight from 30th June 2013 !!!
Normaly I like swiss but this behaviour is not great. Just accept the laws and pay it.
Normaly I like swiss but this behaviour is not great. Just accept the laws and pay it.
Oct 1, 2014, 2:48 am
#13
Join Date: Aug 2013
Location: C2c
Programs: GOLD: AZ....maybe :-P
Posts: 629
Hi guys,
could you please provide me with the link where I can address my claim to Swiss?
Apart the nightmare experience got with their customer care (and I was flying in business ) I lost my connection due a delay on the flight LX1801 (IST-ZRH) [the pilot said the delay was caused by fog on Zurich in the morning and traffic on Istanbul airport].
Also the day before the same flight was delayed
We were re-booked on the next day flight.
Do you think I have the right for the compensation?
could you please provide me with the link where I can address my claim to Swiss?
Apart the nightmare experience got with their customer care
(and I was flying in business ) I lost my connection due a delay on the flight LX1801 (IST-ZRH) [the pilot said the delay was caused by fog on Zurich in the morning and traffic on Istanbul airport].Also the day before the same flight was delayed
We were re-booked on the next day flight.
Do you think I have the right for the compensation?
Oct 1, 2014, 2:55 am
#14
Join Date: May 2009
Location: SIN (with a bit of ZRH sprinkled in)
Posts: 9,454
While fog would be weather issue (ie no compensation) it seems this was a situation where the delay was "inherited" from the morning wave, and thus you're definitely able to claim compensation.
By the way, it doesn't matter if you flown in paid first class or award economy, the compensation depends on distance flown. So no need to mention that.
[email protected]
Is the contact e-mail from Swiss.
They'll most probably deny your claim (from personal experience and what other posters frequently report), and you'll either have to take a lawyer or use one of the EU261 agencies to get your money (but you first have to ask LX, only once they deny or keep silent for 2 months you can go ahead with hiring an attorney)
By the way, it doesn't matter if you flown in paid first class or award economy, the compensation depends on distance flown. So no need to mention that.
[email protected]
Is the contact e-mail from Swiss.
They'll most probably deny your claim (from personal experience and what other posters frequently report), and you'll either have to take a lawyer or use one of the EU261 agencies to get your money (but you first have to ask LX, only once they deny or keep silent for 2 months you can go ahead with hiring an attorney)
Oct 1, 2014, 3:06 am
#15
Join Date: Aug 2013
Location: C2c
Programs: GOLD: AZ....maybe :-P
Posts: 629
While fog would be weather issue (ie no compensation) it seems this was a situation where the delay was "inherited" from the morning wave, and thus you're definitely able to claim compensation.
By the way, it doesn't matter if you flown in paid first class or award economy, the compensation depends on distance flown. So no need to mention that.
[email protected]
Is the contact e-mail from Swiss.
They'll most probably deny your claim (from personal experience and what other posters frequently report), and you'll either have to take a lawyer or use one of the EU261 agencies to get your money (but you first have to ask LX, only once they deny or keep silent for 2 months you can go ahead with hiring an attorney)
By the way, it doesn't matter if you flown in paid first class or award economy, the compensation depends on distance flown. So no need to mention that.
[email protected]
Is the contact e-mail from Swiss.
They'll most probably deny your claim (from personal experience and what other posters frequently report), and you'll either have to take a lawyer or use one of the EU261 agencies to get your money (but you first have to ask LX, only once they deny or keep silent for 2 months you can go ahead with hiring an attorney)
Although the fog was on Zurich it's their biggest hub, so they were plenty of possibilities to avoid it.
I will send them my request. Do I have to mention the EU regulation?
Is there a form or a sample that I can use?
PS: the mention to the business class was only to say that although I paid more to get better service (especially from the customer service), I got less......but this is another story I will write down in another post.