FlyerTalk Forums

FlyerTalk Forums (https://www.flyertalk.com/forum/index.php)
-   Swiss International Air Lines (https://www.flyertalk.com/forum/swiss-international-air-lines-502/)
-   -   Swiss air compensation for delayed flight (https://www.flyertalk.com/forum/swiss-international-air-lines/1871478-swiss-air-compensation-delayed-flight.html)

kamaust Oct 11, 17 9:03 am

Swiss air compensation for delayed flight
 
Hello, and sorry if I repeated the same question a million people already asked.

Here's the issue:my flight LX2817 on 17 September 2017, from Geneva to Zurich was delayed for 02 hours and 16 minutes (the crew said that's because there were some techical issues on the plane) and I have missed my connection for Zagreb on the same day.I arrived to Zagreb the next day, some 13 hours later.. because of that missed connection.

I filed a compensation claim... And the answer was: ''On behalf of SWISS, I would like to apologize unreservedly for the inconvenience this caused you.

The cause of this irregularity was due to the late arrival of an aircraft from another flight. However, I regret to inform you that we are unable to comply with your wishes for compensation.''
But they still gave me a restaurant voucher of 200euros.

So do I have the right to receive a 250euro compensation, according to 261/2004 regulation? Is it worth it to write them again denying this voucher and pursuing this?

ajeleonard Oct 11, 17 9:20 am

Welcome to FT

Because your flight was from a non-EU country to the EU then 261 would not normally apply (only from the EU, or on an EU airline)

Switzerland has voluntarily adopted some aspects of the original 261 legislation, but does not recognize subsequent rulings of EU courts on it. The practical implication of this is that the duty of care does still apply (so they should have fed you and given you a hotel), but the compensation aspect is very difficult to enforce in a Swiss court, and so Swiss International Airlines denies compensation claims, knowing customers are unlikely to take it any further, and third party claims management companies typically reject cases in these circumstances.

kamaust Oct 11, 17 9:36 am

Thanks, ajeleonard, so what you're saying is that there's almost no point in taking this further? Eventhough there's an ''excerpt'' of 261 on Swissair webpage that says ''flights up to 1500km and more than 2 hrs delay should be compensated with 250euro...''

ajeleonard Oct 11, 17 10:01 am


Originally Posted by kamaust (Post 28919677)
Thanks, ajeleonard, so what you're saying is that there's almost no point in taking this further? Eventhough there's an ''excerpt'' of 261 on Swissair webpage that says ''flights up to 1500km and more than 2 hrs delay should be compensated with 250euro...''

I would recommend not, with your specific circumstances your chances of success are quite low and you could expend a lot of effort for nothing

There are a few threads on the issue here on FT if you want to read more

Swiss does have a summary on its website, but the regulations have such room for interpretation, and the legal situation for that interpretation is different in Switzerland than the EU itself

IAN-UK Oct 11, 17 7:38 pm


Originally Posted by ajeleonard (Post 28919632)
...and third party claims management companies typically reject cases in these circumstances.

.....notwithstanding this fact, approaching companies offering claim management services is a low-effort, no-cost way of assessing options.

These companies generate revenue only from successful claims, and have gained a measure of expertise in assessing how promising a case looks.

Often1 Oct 12, 17 10:19 am

Put simply, EC 261/2004 as initially adopted would not likely pay a delay/cancellation claim under these circumstances. Subsequent decisions of the ECJ would likely require an EU carrier or a carrier departing the EU to pay under these circumstances.

Switzerland, not an EU Member State, chose to adopt the Regulation into its own law. But, it far from bound by the pronouncements of the ECJ and the question is how a Swiss court would interpret thee Regulation under Swiss law.

For this reason, few claims agencies will accept contingencies arising in Switzerland, but one might. Submitting your relevant flight information and the response from LX will get you a quick answer.

The Regulation would in all circumstances impose a duty of care on the carrier. That, I presume is what the voucher covers if you had any expenses and, if not, it is simply a good will gesture. Your hotel, food and local transport expenses at ZRH should be covered in any event.

kamaust Oct 14, 17 1:10 am

Thank you everyone, I decided it's not worth further issues and I accepted a voucher which is 50euros less amount than my presumed compensation I guess.

Boddingtons Nov 1, 17 10:48 am

Thank you for your message of 19 August 2017.

Your flight LX391 on 19 August 2017 unfortunately had to be cancelled at short notice. On behalf of SWISS and our cooperation partners, I apologise for the inconvenience you had as a result.

As you may know, your flight was cancelled due to failure of the flight controls of the aircraft.

The cause of this irregularity was unexpected and it is an unavoidable fact that such shortcomings can occur at short notice and this cannot always be prevented. As such circumstances are considered extraordinary; I must inform you that you are not eligible for any financial compensation.

Regrettably, I must also advise you that SWISS is not liable for indirect costs (e.g. lost vacation days or working days, reserved services upon arrival) not under our contract of transportation. However, as a token of our appreciation and a gesture of goodwill, please find attached a SWISS travel voucher to the value of GBP 40.00. This voucher is redeemable for a future booking on SWISS.com.

It would be our pleasure to welcome you on board again soon and to count you amongst our satisfied guests.

Yours sincerely

===============

We received the above relating to a flight MAN-ZRH which was cancelled due to failure of the flight controls of the aircraft. The ZRH-MAN flight that morning did not operate.

Is this not an incident of a technical nature and one within their control?

YuropFlyer Nov 3, 17 3:53 pm

It's their regular pile of crap and *censored* to get off from what they've to pay.

Since it's a flight Ex-EU even their "interesting" interpretations of EU laws won't hold a second.

Write them back politely that you know what you're due and that you'll call your lawyer if they don't fork over the money within 14 days.

cfischer Nov 4, 17 3:02 pm


Originally Posted by Boddingtons (Post 29004115)

Is this not an incident of a technical nature and one within their control?

just tell them 'see you in court' ... Swiss is the absolute worst airline in the world when it comes to this, even LH is much better. They will pay, don't give up.

IAN-UK Nov 6, 17 12:26 am


Originally Posted by Boddingtons (Post 29004115)
....As such circumstances are considered extraordinary....

considered extraordinary (by SWISS, though not by those authorities competent in interpreting and applying EU regulations)....





Originally Posted by Boddingtons (Post 29004115)
is this not an incident of a technical nature and one within their control?

The incident, and/or the means for remedying the impact of the incident on passengers, are entirely within the control of the airline.


All times are GMT -6. The time now is 7:37 am.


This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.