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Old Oct 11, 17, 8:03 am   #1
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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?
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Old Oct 11, 17, 8:20 am   #2
  
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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.
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Old Oct 11, 17, 8:36 am   #3
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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...''
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Old Oct 11, 17, 9:01 am   #4
  
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Originally Posted by kamaust View Post
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
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Old Oct 11, 17, 6:38 pm   #5
  
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Originally Posted by ajeleonard View Post
...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.
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Old Oct 12, 17, 9:19 am   #6
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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.
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Old Oct 14, 17, 12:10 am   #7
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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.
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