indcwby
Topic Author
Posts: 322
Joined: Sat Dec 18, 2010 7:32 pm

LH Compensation from Strike According to EU Regulations

Tue Jan 24, 2017 8:25 pm

I had a question about compensation to passengers who were affected by the LH Strike. How does it for work for passengers whose flight originates from the EU vs. internationally (i.e. US, Asia, etc)?
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Polot
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Re: LH Compensation from Strike According to EU Regulations

Tue Jan 24, 2017 8:32 pm

I believe that the compensation owed (if any, I don't know if strikes count) is the same no matter where the flight originated from since LH is a EU airline and thus EU regs always apply to them. With international airlines EU compensation rules only apply to flights from the EU, as the EU cannot enforce EU law on an international airline on international soil (no jurisdiction).
 
sf260
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Re: LH Compensation from Strike According to EU Regulations

Tue Jan 24, 2017 9:20 pm

For EU carriers, it applies to all flights. Following a delay of over 3 hours caused by a strike, you can only claim direct expenses (e.g. food and drinks, hotel accommodation, etc). The regulation is EC 261/2004. You can ask me any question about this regulation, I know all its ins and outs.
 
indcwby
Topic Author
Posts: 322
Joined: Sat Dec 18, 2010 7:32 pm

Re: LH Compensation from Strike According to EU Regulations

Wed Jan 25, 2017 6:09 am

sf260 wrote:
For EU carriers, it applies to all flights. Following a delay of over 3 hours caused by a strike, you can only claim direct expenses (e.g. food and drinks, hotel accommodation, etc). The regulation is EC 261/2004. You can ask me any question about this regulation, I know all its ins and outs.


So we had a tour group that was suppose to travel with LH to Cairo on the 11/23/16 only for the strike to occur. 3 groups consisting of a total of 50+ individuals flying from ORD, DFW and IAH. Due to cancellation of the flight, they were rebooked to travel the next day (which in itself took some painful conversations).

They lost one day of tour and hotel accommodations that already had been paid. Is this something that has to be claim through the airline or EU commission as we're not familiar with the process?
A319, A320, A330, A340, B717, B727, B737, B747, B757, B767, B777, CRJ7, DC10, MD88, MD11, E145, E175
"Always remember that you fly an airplane with your head, not your hands."
 
debonair
Posts: 3601
Joined: Sat Jan 03, 2004 10:50 pm

Re: LH Compensation from Strike According to EU Regulations

Wed Jan 25, 2017 12:07 pm

Well, in my opinion, you are not entitled for any compensation under EU law, as the strike was legal and therefore an ‘extraordinary’ circumstance for the airline. However, even in this case, LH must provide accommodations, food, free phone calls etc. for stranded passengers.

So, even with the law not on your side, I would contact LH and ask for "a sign of good will" - as the strike was well known to the airline and nothing was undertaken in first place (US) to re-book the groups on other LH/*A-affiliate airlines (like LX, MS etc.).

Good luck!!
 
sf260
Posts: 284
Joined: Thu Oct 25, 2007 9:59 pm

Re: LH Compensation from Strike According to EU Regulations

Wed Jan 25, 2017 6:36 pm

As debonair already pointed out, a strike is indeed considered an extraordinary circumstance and therefore financial compensation is limited to your additional expenses only. Additional expenses are costs incurred as a result of the flight delay, such as hotac (at your point of departure or transfer), meals and beverages, 2 phone calls, access to internet.

To successfully claim back these expenses, it is important that you have some proof of payment (receipts or bank statement).

Bear in mind that the "unused" hotel accommodation or other pre-booked arrangements at your destination is an indirect expense and will probably not be reimbursed. A travel insurance normally covers these types of losses, if you have one, of course.

In some very specific situations, financial compensation (€600 for flights >3500km) can be successfully claimed for delays caused by an "extraordinary" circumstance, e.g. when the airline did not rebook you at the earliest possibility, but you'll need a good lawyer for a successful claim. (this route is usually only used when the delay is 2 days or more)

In my experience, especially for group bookings and organised tours, airlines are very reluctant to do a gesture of goodwill, but if you don't try, you'll never get anything in the first place.

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