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Forums Other Flight changes and cancellations help Lufthansa denied compensation Reply To: Lufthansa denied compensation

JDB 6,247 posts

@ohanssen – well it looks as though they are trying to be a bit cute, which is rather ridiculous, but par for the course. LH is correct in a strictly technical sense in that you aren’t covered by EC261 itself, but you are covered by EC261 as incorporated into English law under the snappy title The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2018) often referred to as UK261.

If I were in your position and satisfied that no ‘extraordinary circumstances’ apply to your cancellation/delay I would reply telling LH that their message is erroneous, that flights from a third country such as South Africa to the United Kingdom (and for these purposes that is your journey even if via FRA) on an EU carrier are within scope of EC261 regulations as incorporated into UK law. You suffered a delay exceeding four hours on this journey, there are no extraordinary circumstances, there the compensation under Article 7(1)(c) of €600 or £520 per passenger is now due to you. Please will they therefore pay £x to your account xyz within 14 days failing which you will escalate the matter to Schlichtung Reise & Verkehr (the ADR service used by LH which is no longer called söp) or issue proceedings in the County Court [which you can do as LH has a UK service address].

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