Lufthansa denied compensation

[ohanssen]

Hi,

I was on a flight from JNB to FRA, and then on to LHR, and while I was given a re-route later the same evening (and some had to wait more than 48 hours), I still got in about 8 hours later than originally scheduled. I wrote to Lufthansa, and they say since the flight started outside the EU and was intended to end outside the EU (in the UK), I wasn’t covered by EC 261. This doesn’t make sense, but I’m not sure what to do now, if there is an email address to write to with specific formal writing, rather than their ‘normal’ flight cancellation system, that generated this rejected claim.

Thanks all

[JDB]

@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].

[ohanssen]

Thanks for the response, and that was what I had figured I should do. I guess my more specific question was where to send the above. Their page links to a ‘disruptions’ form, but it does seem to focus on EC261 regulations rather than the UK law, and I suspect I may get the same response if just re-submitting my claim there.

[JDB]

I would be inclined to send it in hard copy form, signed for, to the LH UK registered address – World Business Centre 1 Newall Road, Hounslow, London Heathrow Airport, TW6 2FA and make it a ‘letter before claim’ with some sort of preamble saying you are writing as your valid claim for statutory compensation (with ref #) made through the correct channel has been rejected on erroneous grounds and offers no means of response to ask you to readdress the matter properly in accordance with the Airline Passenger Regulations.

Set out your case clearly with relevant evidence.

End with the bit about further action if no proper response within 14 days etc.

Finally you could add that you can only imagine that the agent handling your case and its rejection on entirely spurious grounds potentially discriminating and certainly unlawfully attempting to disadvantage UK citizens contrary to the terms of the TCA AIRTRN.22 did so entirely by mistake which you now hope will be promptly corrected, failing which you will provide details of the case to the Civil Aviation Authority and Competition and Markets to ensure other British passengers are not deprived of their rights.

You could send a copy of your letter also to customer.relations@lufthansa.com It worked about a year ago but LH does prefer to hide behind contact forms and I think their 261 claims handling may be outsourced.

[ohanssen]

Thanks a bunch, I will give this a whirl.

[BA Flyer IHG Stayer]

You’ve not actually said why the flight was delayed.