Lufthansa German Airlines’s earns a 1.5-star rating from 223 reviews, showing that the majority of passengers are dissatisfied with their flight experience.
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customer service
I called reservations for Lufthansa and Wendy employee id. Whisky Tango told me that since I have a knee injury that prevents me from bending it I am not disabled and no help would be offered to accomodate. I asked to speak with her supervisor and she said flat out NO. When I asked for her name she told me I told you already at the start of the conversation. Is this customer service?
The complaint has been investigated and resolved to the customer’s satisfaction.
poor customer service
I am traveling with a 7-month baby, and Lufthansa cannot give me a bassinet seat. I am caught between Lufthansa and my travel agent - both blaming each other for the cancellation of my bassinet seat assignments after one leg was re-scheduled. Lufthansa says it notified my agent of the change in travel date, and travel agent vehemently denies it. Lufthansa cannot explain how my seat assignments got dropped for the leg that did not change. At this point, they don't seem very co-operative to addressing my concerns. Any ideas as to who I can complain so as to make Lufthansa notice.
Ever since Lufthansa allied with United (the worse airline in the skies) they have dragged themselves down to United’s level.
Yesterday I made a reservation from Los Angeles to Frankfurt, Germany the flight I would have liked was $1, 222.00 so I booked a later flight for $954.00. Today the flight I wanted is $954.00 so I called Lufthansa and ask if I could change to the earlier flight. They told me there would be a charge to make the change of $250.00 per ticket because it was just over 24 hours. I spoke to supervisor, Dave and he said there was nothing he could do because these rules are made with their alliance (United once again). The tickets are non refundable so I am stuck this time. However I have been flying Lufthansa every year that I have gone to Europe for at least the last ten years but this will be the last time I ever fly Lufthansa. I haven’t flown United for about 15 years since the last time they screwed me so it will be the same with Lufthansa.
DON'T EVER travelon LUFTHANSA and specially with BABY!
I encourage every one to Boycott the worst world wide airline:
Lufthansa German shoddy predatory greedy Airline !
Let them as they are planning to do ... dream to acquire other airlines and to destroy the competition: Air Austria, Air Italy, LOT, Swiss Air.
Would you fly to be screwed, arrested and even jailed?
Fly LUFTHANSA!
Lufthansa apparent Customer Service and Marketing Plan: Screw them!
LUFTHANSA CEO WOLFGANG MAYRHUBER Marketing Plan:
Hire the cheap incompetent idiots as stewardeses and ###s as captains, for your money they will help you to be arrested jailed and fined, just for supporting and flying on shoddy LUFTHANSA Airlines in old tradition of SS!
On February 10, 2009 the people of Poland were told and had the best proof how well the employees of LUFTHNSA are carring about passengers, when member of Polish parlament, candidate for polish Premier, Jan Maria Rokita on Lufthansa flight LH3336 first was assaulted by Lufthansa stewardess, than late after her racist behavior and fraudulent claim to aircraft captain, he and his wife were denied boarding and due to fraudulently claimed alleged “agressive behavior“ wrongfully arrested by evidently racist German police.
Lufthansa Airlines confirmed that on 10 of February, 2009, the passenger was escorted by the German authorities from the aircraft on flight LH3336 between Munich and Cracow.
Unfortunatelly the idiots from Lufthansa did not know the gentelman whom they assaulted, was11.07.1992 - 26.10.1993 Chief of the Office of the Council of Ministers, the potential Prime Minister of Poland, Member of Parliment, and his wife Nelly Rokita, who is the adviser of Polish President Lech Kaczynski, but the polish citizens know very well his always set back and restrained behavior. In 2003, Jan Maria Rokita was awarded “Man of the Year“ title, which is a very prestigious award.
That is the marketing act of the century!
Lufthansa latest Marketing slogan:
We hope that in spite of the irregularities you had a successful and pleasant trip and you will choose Lufthansa again in the near future.
Really?
I hope you will be soon out of business, you damn german crooks!
My best LUFTHANSA EXPERIENCE:
Canceled flight LH 9052 on trip to Honolulu, Hawaii:
Iterinary:
GDN LO 359, Saturday, December 27, 2008
FRA UA 901 / LH9052, Saturday, December 27, 2008
SFO UA 79 / LH9136 Saturday, December 27, 2008
HNL UA1036, Saturday, January 17, 2009
SFO UA 0906, Sunday, January 18, 2009
MUC LO 396 Sunday, January 18, 2009
Lufthansa knowingly abandoned the passengers, failed to inform them of their rights, than refused to pay mandatory cancellation compensation.
The governing laws:
● Regulation (EC) No 261/2004, being valid from February 17, 2005, establishing common rules on compensation and assistance to passengers in the event of of cancellation of flights. In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, and this definitively is not the case.
● European Court of Justice: case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008. The European Tribunal of Justice (EJC) on December 22, 2008, in Wallentin-Hermann case closed the loophole of always abused frivolous interpretations used by the airlines of “technical or extraordinary circumstances“, when further defined and limited the use of such defense. Finally the definition of “technical and / or extraordinary circumstances“ by the ECJ court now stands firm and solid. Any carrier must prove that the alleged mechanical problem leading to the cancellation was “beyond its actual control, ” the court affirmed in a statement.
Complaint:
In case of any flight cancellation for whatever reasons the airline(s) are required to provide passengers with:
• emergency flight booking, and an alternative transport to final destination, what was not at all done by either of the airlines.
Canceled was the segment (UA 901 / LH 9052) of my multiple segments flight, starting on December 27, 2008. The flight operator is United Airlines (UA 901) while the contractual booking carier is Lufthansa with flight number LH 9052.
My reservation was through Lufthansa airlines on Lufthansa flight LH9052, I am entitled to claim compensation from Lufthansa, the airline with which I have the contract, for breach of that contract.
The governing laws:
● Regulation (EC) No 261/2004, being valid from February 17, 2005, establishing common rules on compensation and assistance to passengers in the event of of cancellation of flights. In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, and this definitively is not the case.
● European Court of Justice: case Wallentin-Hermann v. Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008. The European Tribunal of Justice (EJC) on December 22, 2008, in Wallentin-Hermann case closed the loophole of always abused frivolous interpretations used by the airlines of “technical or extraordinary circumstances“, when further defined and limited the use of such defense. Finally the definition of “technical and / or extraordinary circumstances“ by the ECJ court now stands firm and solid. Any carrier must prove that the alleged mechanical problem leading to the cancellation was “beyond its actual control, ” the court affirmed in a statement.
Flight Cancellation (Article 5): Cancellation is the non-operation of a scheduled flight on which at least one place was reserved. From this, claims for compensation and assistance under Articles 7, 8 and 9 of the a.m. EC Regulation will arise (see summary in the attached table). Under extraordinary circumstances, the operating air carrier is partially or totally exempt from the obligations under the a.m. EC Regulation. Examples: Political instability, meteorological conditions incompatible with the operation of the flight, security risks, unexpected flight safety shortcomings, strikes, etc.
Disclosure:
The operating air carrier is obliged to comprehensively inform the passengers of this EC
Regulation. For this purpose a notice at check-in is required and in addition a written
description of the rules for compensation and assistance in the case of denied boarding,
cancellation or a delay of more than two hours is to be handed over to each passenger
concerned. At the same time the passengers shall be informed in writing of the responsible
body for complaints.
Derogating or restrictive clauses in the contract of carriage cannot limit or preclude the
contents of the Regulation.
Policy enforcement: The Luftfahrt-Bundesamt (LBA) is the competent authority for the implementation of Regulation (EC) No 261/2004 in Germany. Under this task the LBA analyses on the basis of the complaints the individual air carriers’ policies and causes the air carriers to eliminate systematic infringements of the EC Regulation. If necessary, sanctions will be imposed consisting of fines. The aim is to ensure proper implementation of the consumer protection regulation according to EC law in Germany and to reduce the causes for passenger complaints.
Rights to compensation : Under the following conditions, compensation or assistance according to the EC Regulation (Article 3) may be claimed:
1. The passenger is departing from a German airport or the passenger is departing from an airport in a third country, the arrival airport is a German airport and the operating air carrier is an air carrier licensed under the Council Regulation (EEC) No 2407/92.
2. The passenger has a confirmed reservation and presents himself/herself for check-in at
the time indicated in advance or if no time has been specified, not later than 45 minutes before the published time of departure or the passenger has been transferred by the air carrier or the tour operator from a booked flight to another flight and presents himself/herself for check-in at the time indicated in advance or, if no time has been specified, not later than 45 minutes before the published time of departure.
Determination of compensability: In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
The reasons leading to the flight cancellation shall be given in the form of the statements as requested in this form and shall be verified by appropriate documentation. LBA will resolve upon the acceptance of the statements on the basis of the information and documentation provided.
Information about the kind of documentation that is to be provided as means of proof is given in the note boxes coloured in grey (see below) in each section. If more than one complaint refers to the same flight, it is sufficient to fill out the just once. In this case, however, the LBA reference No of the complaints concerned shall be stated in section 3.
This form is to be signed in section 8 by the person acc to article 63d lit. 4 of Luftverkehrs-Zulassungs-Ordnung (German Air Navigation Certification Order) being the competent person for clearing and accepting complaints in your company.
Changes concerning this person and/or in the contact addresses are to be declared in writing to LBA without delay. If your company has not yet provided this information, the person and/or the contact address are to be announced in writing to LBA without further delay.
If one is refused entry to flight because of overbooking or find that your flight has been cancelled, the airline must hand you a leaflet explaining your rights and describing how much money one is entitled to. The rates are: ● Flights of 1, 500 km or less: € 250 ● Flights between 1, 500 km and 3, 500 km: € 400 ● Flights of more than 3, 500 km: € 600
It is up to enforcement agency LBA to determine if airline is obliged to pay compensation, not by Lufthansa customer service office clerks (Fabian Herrmann and Janine Seidel) or United customer relationship.
Airlines liability insurance minimum coverage: The law requires mandatory insurance for each airline against liability as follow: In accordance with Article 6 of the Regulation (EC) No 785/2004 and §§ 45-47 Luftverkehrsgesetz (Air Navigation Act) the minimum liability insurance cover in respect of passengers, baggage and cargo shall be as follows:
● 250.000 special drawing rights per passenger for bodily injury
● 4.150 special drawing rights per passenger for delayed carriage of passengers
● 1.000 special drawing rights per passenger for damage to baggage and delayed carriage of baggage ● 17 special drawing rights per kilogram for damage to cargoBoth, Lufthansa Airline or United Airline never handed to any of the passengers as required liflets and / or explaining customers rights.
Passengers rights enforcement:
The competency to deal with passengers complaint is with the national enforcement body where the flight - segment problem had its origin, and / or where the airline is domiciled.
Consequtly I have requested mandatory compensation from Lufthansa airline as the result of canceled one of the segments of my on round trip flight from Gdansk (GDN) Poland, to Honolulu (HNL), Hawaii, USA.
The European Court of Justice assured that the airlines must pay up, unless the technical fault was due to “exceptional circumstances“ exclusively defined by the court, such as an act of terrorism or deliberate sabotage.
Further the compensation may be refused only, if the technical problems stem from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier, are beyond its actual control.
Both airlines in violation of Regulation (EC) No 261/2004, negligently abandoned the passengers. Both United Airlines as well as Lufthansa are jointly in contempt of the European Court of Justice. The final decision in Wallentin-Hermann case final verdict, was delivered in mid December of 2008.
The law requires that in situation like this airlines, not the passengers themselves, arranges reservation service as the replacement for cancelled flights, what was never offered or done. Both United Airlines as well Lufthansa not communicating with each other, are “Star Alliance“ members.
Over public announcement service we were informed to seek the hotel Steigenberger, and no one who is not familiar with the town could not locate them. We were only told where to go to the exit, nobody assisted us to find hotel shutlle bus-stop. We were running to and from seeking that bus stop. There was no any form of help to direct us in the right direction.
All Lufthansa did is to tell all passengers to call toll free number: [protected], to United Airlines located “somewhere“ in all center in the United States.
Consequently as many passengers were calling at the same time it was impossible to get to United Airlines employees, the phone were busy, the waiting time was tremendous, mobile (cellular) telephone bill as the consequence are enormous.
If someone was lucky and get connected after several hours of trying, than United told Lufthansa passengers, that have no records of any passengers booked as Lufthansa passengers, and in my cast I am not listed on United Airlines Flight UA 901 passengers list, only due to incompetence of airline employees causing counterproductive tremendous stress, aggravation and tremendous general confusion.
My flight was more than 3, 500 km and as the boarding was denied, I am entitled to the regulatory damage of not less than € 600, plus any and all the expenses on any consequent flights.
In addition should any airline flying from EU airports responsible for the delay or cancelation of the flight anywhere in the world, passengers are entitled to claim 4, 150 SDR (Special Drawing Right), which at the currency exchange rate was about 4, 897.00 €, equivalent of about 6, 300.00 U$, (the exchange rates needs to be prorated to actual currency exchange rates on the day of occurrence, December 27, 2008).
Both airlines after the incident caused only by airlines negligence, ground support mechanics damaged the winglet of the aircraft, negligently abandoned all passengers.
Incident was clearly preventable, was caused only as the result of not following by airline(s) personel mandatory operating safety procedures on the airport ground, tarmac, by ground support crews. The parties are governed by the binding contract and whenever a passenger purchases a ticket, he does so for a comfortable journey.
Travel time: As the travel took from 05:00 am Friday, December 27, 2008 Polish time, (06:00 pm Friday, December 26, 2008, Honolulu time) with the arrival (landing) at 11:55 am, Sunday, December 29, Polish time (Sunday, December 28, 2008 10:55 pm Honolulu time), with consequently lost luggage which was delivered at the local address, which I have received later at 4:00 am Honolulu Time, all time being sleepless. My entire hardly earned vacation were ruined by flight delay. That is almost 58 sleepless hours in transit or travel.
Compensation entitlement: Regulation 5 (EC) No 261/2004, European Court of Justice in Luxembourg: Case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008.
Justice agreed that any technical issues during aircraft maintenance don’t constitute “extraordinary circumstances” that would allow airlines to avoid paying passengers compensation for canceled flights.
In its judgment, the Fourth Chamber of the Court of Justice held:
“Extraordinary circumstances” was not defined in the 2004 Regulation, but the phrase was to be interpreted narrowly since article 5(3) constituted a derogation from the principle, indicated in recitals 1 and 2 of the preamble, of protection of consumers, in as much as cancellation of flights caused serious inconvenience to passengers.
In addition to denied boarding on flight of more than 3, 500 km, compensation of not less than € 600, I am entitled also to claim flight cancelation 4, 150.0 SDR (Special Drawing Right), of about 4, 897.00 €. I am also entitled to any and all incurred travel expenses, and any legal fees I should encounter.
Airlines failed to provide mandatory accommodations after flight cancellation. No notifications, no refreshments (until 18:00 - 6:00pm with first and quite late meal), no flight reservation service.
Travel expenses (reconstructed or estimated): Phone calls expenses related to notifying other party (long distance and rooming fees) about flight delay (air time on 2 mobile phones): lump sum of 20, 00 €. Reimbursement for the lunch at Frankurt Airport of 25, 00 € . Air time on my mobile phone for calling for seveal hours from Frankfurt to toll free number in United States lump sum of 25, 00 €. Refreshments at Frankfurt 20, 00 €. Entertainment at Frankfurt, while forced to spend night at hotel 50, 00 €. Meals while waiting at the San Francisco airport (per diem), lump sum of 35, 00 €, refreshments 20, 00 €. Taxi in Honolulu lump sum of 25, 00 € (I missed the free transpportation from Airport to residence). Refreshments and dinner in Honolulu (per diem) 50, 00 €. Recuperation from jet lag after the travel (5 days) at per diem rate of 500, 00 € per day.
Total claimed lump sump casual and ordinary out of pocket travel expenses are: 2, 9035.00 €.
Complaint preparation fees 250.00 €.
What was the air carrier’s reaction?
Lufthansa after classical stunt of denial of the compensability due to as alleged fraudulent claim “ unfortunate event was an unforeseeable, unexpected and exceptional accident“ and is now arogantly ignoring me, is NOT at all responding any more to any correspondance related to claim submitted via e-mail, or their website.
The communication with the airline is extremally difficult. Airline(s) has not informed passengers of their rights, neither has disclosed any proper procedures for submitting complaint, and such despite the demand were never disclosed to me, to properly communicate between the passengers and the carriers. Many passengers as foreign nationals were not proficient in german or english languages.
1. The flight was cancelled. Both United Airlines as well Lufthansa are Star Alliance members. Passengers were abandoned by both airlines.
2. All Lufthansa did was to provide passengers with the Toll Free number: [protected], of course to United Airlines located somewhere in the United States. No efforts were undertaken to accommodate the (non English speaking passengers). Many foreign travelers couldn't also not speak German. Many were Germans, who are not obliged to speaking English in their home country!.
3. Over public announcement service we were informed to seek the hotel Steigenberger. There was no any form of help to direct us in the right direction.
4. Passengers booked on United Flight under Lufthansa were told by United that they are not on passengers list. I learnt about it after my call to United Number [protected]. Only by jogging from Hotel to Airport, and between United and Lufthansa with substantial arguments the passengers were able to fight themselves for the reservations, on connecting flights.
5. The stress was building up as: Lufthansa persistently mislead all passengers claiming that it was United flight and reservations must be made with United Airlines by the passengers. United refused to accommodate Lufthansa passengers.
6. In case of cancelled flight the airline has the obligation to arrange the reservations for the passengers not the passengers themselves.
7. That is what the passengers are paying for to their travel agents. The Star Alliance members are required to settle their professional duties between themselves. Abandoning passengers in case like this raises to criminal negligence.
8. The Airline is responsible to accommodate the passengers in any way passengers may require, with no exception.
10. As it was impossible to connect with United as to many abandoned passengers were calling reservation office in the US.
11. Many people on that flight were even non English speaking people (Polish, German, French, Italians, Russians, etc.)
12. Shockingly passengers booked on this flight through exchange with Lufthansa, apparently according to United Airlines, were not on the list of the United Airlines.
13. No any form of assistance either by either Lufthansa or UNITED AIRLINES were ever offered to any passengers at Frankurt Airport. That is contrary to statments in the email. Passengers were abandoned, were forced to make their own travel arrangements, despite that they were not proficient in foreign to them language(s).
14. Considering that the damaged aircraft was Boeing 747 400 series, accommodating close to at whether they had made adequate arrangements for a substitute plane to be available. Typical seating capacity of Boeing 747- 400 series is 524 passengers. Instead of abandoning passengers after flight cancellation, carrier should immediately arrange for substitute plane through any available airline brokerage. Providing replacement booking for such a huge number of passengers on already booked flights was clearly mission impossible, arogant, unprofessional, ruthless and highly questionable regarding the airlines mission statement, its approach to passengers, and business. It well demonstrates how well the airline is organized and how really cares about its passengers.
Some passengers spent over 3 nervous days without the assistance of Lufthansa or United Airlines awaiting for the booking.
15. Neither of airlines have had a substitude stand by aircraft at any of the nearest European hubs.
Lufthansa deliberately and with malice misleads passengers, denies compensation in violation of the governing law(s) and in contempt of European Court of Justice rulling in Wallentin- Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), dated December 22, 2008.
Citations from Lufthansa written response to the request for compensation: ( customer.feedback.eu@lufthansa.com ) *(for full e-mail replies by Lufthansa, please see attachments (3) on the end of this complaint.
“Our partner United has informed us about the details surrounding the cancellation of your flight UA 901 on 27 December from Frankfurt to San Francisco. During the ground operations a towing truck accidentally hit the wing of the airplane thus causing the winglet to break off. As this unfortunate event was an unforeseeable, unexpected and exceptional accident, the airline cannot be held liable in this case.“
_________________________________________________________________________________
“We are sorry that you are not satisfied with our response. However, concerning the opinion of Lufthansa the judgement of the European Court does not mean that airlines are liable for cancellations due to technical reasons which are beyond their control - as in this case. Therefore we kindly ask for your understanding that we cannot offer any additional compensation.“ _________________________________________________________________________________
“Please be advised that this will be our final response to you in regard to this case. If you have any other questions or concerns not related to the current claim, we would be glad to assist you.“
_________________________________________________________________________________ “Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.“
Fabian Herrmann and Janine Seidel as the employees in charge, should be properly trained by the airline, knowledgeable about all mandatory legal requirements, helpful, and authorized to act in the best interest not only of carrier but first the passengers. Based on objective evidence and an intentional attempt to escape from liability, by any and all means, by writing targeted, predatory, purposly misleading counterproductive emails on behave of Lufthansa customer reations, resulted only in uncalled aggrevation, and substantial waste of time. Considering criminal behavior of those Lufthansa employees, who accepted on themselves to make the determination of compensability, while not authorised and qualified to do so, justify maximum sanctions of 25, 000 € to be imposed by this enforcement agency on Lufthansa.
All travel expanses are reconstructed, as it is impractical and impossible to keep exact accounting of petty cash, in many cases the receipts were lost or not provided.
Cost of living (COLA) in Honolulu, Hawaii, USA, is higher than in any other states. For tourist daily cost of surviving (hotel, meals, refreshments and entertainment) in Hawaii (per diem) is not less than estimated 500, 00 to 600, 00 U$ per person.
It is up to the carrier (LUFTHANSA) to make me now an offer that I can't refuse.
1 SDR *(Special Drawing Right) is worth about 1.18 €.
€1.00 is equal to about U$1.285.
Law and case references:
http://curia.europa.eu/en/actu/communiques/cp08/aff/cp080100en.pdf
http://www.icao.int/icao/en/leb/mtl99.pdf
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:046:0001:0007:EN:PDF
Consequences of flight cancellation and delay: Consequently after such extremely long travel (58 hors), I have been devastatingly exhausted and needed full week of time for after travel recovery from time change and jet lag, as due to nervous situation, I was unable to sleep either in the hotel and later on the airplane during the flight. I have been to tired to enjoy the New Year event in Honolulu, which we planned for several months before. Consequently I was than unable to travel as planed to Kuai, Maui, Molokai and Big Island of Hawaii, during my 3 weeks of vacation due to extreme exhaustion after such a long flight.
My vacation plans in Hawaii were substantially affected by the unplanned and uncalled change in flight schedule, as neither of the airlines have not timely provided a substitute plane from the nearest hub, what should be done with a minimum time delay. My vacation Plans as well as my companion arriving separately, were also totally ruined, as we were unable to enjoy either New Year, or other pre-planed trips, activities and / or business meetings.
Settlement: The amount of settlement to be paid is always subject to negotiations. I am requesting settlement as proposed below, saying so, under all special circumstances of this case, as explained above, I am submitting my non negotiable demands for compensation.
I am considering proposed below settlement terms as fair and just under any and all circumstances, in this case.
As my New Year vacation as the result of flight cancellation were totally ruined, in addition to compensation, and all out of pocket expenses as stated above, as a replacement for my totally ruined vacations, I am requesting fully paid round trip (for two) for the „4th of July“ in Hawaii, between June 27, 2009 to to July 19, 2009, with, with return booked for August 27, 2009, (subject to my approval). The trip should include at least 21 pre-paid nights (two bedrooms suite) in Waikoloa Hawaii resort on Big Island of Hawaii.
Hilton Waikoloa village in Hawaii web pages:
http://www.hiltonwaikoloavillage.com
The settlement I am seeking is travel for two value about U$ 5, 000 21 days Hilton Waikoloa accommodation for 2 in a 2 bedroom suite, value about 25, 000 U$ and than 5, 000 Euro cancellation compensation in compliance with Infringement of Article 5 of Regulation (EC) No 261/2004.
Reimbursement for lost income during 25 days of those vacation in the amount of U$ 15, 000 (self employed).
Lufthansa's response:
Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Thank you for your Email dated 19 January.
We are very sorry to learn about the irregularities and difficulties you experienced as a result of a flight cancellation on 27 December. For your inconvenience and your trouble we would like to apologise most sincerely to you.
As a matter of course we have already contacted our partner United Airlines and are currently researching the reasons for these unfortunate events. We kindly ask you for your patience during our handling process. We will contact you as soon as we have obtained more information.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's second e-mail (2) response:
Thank you for your patience during our handling process.
We are sorry that you feel you have to write in English. Of course you can also write to us in your native language.
Our partner United has informed us about the details surrounding the cancellation of your flight UA 901 on 27 December from Frankfurt to San Francisco. During the ground operations a towing truck accidentally hit the wing of the airplane thus causing the winglet to break off. As this unfortunate event was an unforeseeable, unexpected and exceptional accident, the airline cannot be held liable in this case.
As a matter of course we and our partner still offer care and assistance to our passengers in such a situation. We very much regret that you felt that the service provided was not up to the standard you have come to expect from us. Due to the large numbers of guests who require assistance it is not always possible to honour personal requests as much as we would like to. We kindly ask for your understanding in this matter.
The ground staff in Frankfurt offered all involved passengers hotel accommodation. All major hotels operate shuttle buses from the airport that are free of charge for hotel guests. Therefore no transportation voucher was issued to you.
Since this unpleasant chain of events was caused by an accident and our partner United has fulfilled the EU regulation by offering accommodation to you, no further compensation can be paid in this instance.
We are glad that you could continue your journey the next day on LH 456 and we hope that in spite of the irregularities you had a successful and pleasant trip and you will choose Lufthansa again in the near future.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's e-mail response:
Thank you for your Email.
We are sorry that you are not satisfied with our response. However, concerning the opinion of Lufthansa the judgement of the European Court does not mean that airlines are liable for cancellations due to technical reasons which are beyond their control - as in this case. Therefore we kindly ask for your understanding that we cannot offer any additional compensation.
Please be advised that this will be our final response to you in regard to this case. If you have any other questions or concerns not related to the current claim, we would be glad to assist you.
It is our hope that these events will not keep you from choosing Lufthansa again for your journeys.Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's e-mail response:
Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
Lufthansa Customer Relation:
Germany
Deutsche Lufthansa AG
Deutschland
Gütersloh
Zip Code33322
Fax+[protected]
Help all to FIGHT BACK those crooks:
E-mail Lufthansa CEO, and other employees, tell them what YOU think of that shoddy airlines:
wolfgang.mayrhuber@dlh.de, publicrelations@LHsystems.com, andreas.bierwirth@dlh.de, carl.sigel@dlh.de, carsten.spohr@dlh.de, holger.hätty@dlh.de, lufthansa.europe.uk.ie@dlh.de, stefan.lauer@dlh.de, hubert.frach@dlh.de, jurgen.weber@dlh.de,
customer service munich
I have always love flying with Lufthansa.
I appreciate the respect and treatment you give to us (the customers) in even difficult situations.
Anyway there are some odd situations that surprise me.
On Friday 17 October I had a bad and bitter experience with one of your staff, which left me very stressful and intimidated.
My flight was with Easy jet and arrived at MUC early.
I went on my volitions to customer service to make enquiry about a flight to Nigeria and the sort of mileage that will be awarded. After she gave me the information I thanked her.
Then, I remembered that my inward bound flight to MUC from LHR I was told that I have more than one air miles card number, and that I should sort it out.
Also that I mentioned to her I received a communication from Lufthansa that I needed 23000 miles to maintain my frequent flyer status. So I made further enquiry about the two issues.
My further enquiry resulted to a total negative attitude from your staff at Customer Services.
I gave her my card for the further enquiry and then she said the card has expired, but I have 149000 miles, and she said also, she has to order a new card for me. She made enquiry about my address and I told her, and she told the new card will be sent in two weeks.
She gave the card back to me.
One of her co-worker then asked me for the card, and said there is another system at the back office that will give her more information. Then she went for a long time not returning until I sent one her mate to get her. She now came back and went attend to another customer. I called out to her and requested my card.
She said the card has expired and she will not be returning the card back to me. Why? I asked.
She answered; she does not want me to use the lounge. I replied I have never used Lufhthansa Lounge I do not have the time. You can check if you like.
She said may be the card is not yours anyway. Then I was not happy with the statement she made. I asked what her to explain what she meant.
I demanded a complaint form. She said, she cannot give the
I asked for her name and her title. She declined as well.
I told her, you took the card from me when I do not have any other card to pick up my electronic tickets.
She said I can get my tickets without the card.
I said how? She said try and find out yourself.
I insisted that I need her name. By this time the Police have been called.
The two Policemen are just standing around, watching when to make their move. Their presence is already intimidating. My imagination ran wild for a moment. Dealing with policemen who does not speak English before the police could find an interpreter my weekend will be over.
Five minutes after the men inform arrived she decided to give me are name without a complaint form.
Her name is B.Gebert. She even snatched the pen from me when I asked her what is the B initial stand for.
This Event took place in TERMINAL2 OF Munich Airport (MUC) on Friday 19:45pm and 20:20pm
I am still without a card to pick up my booked tickets or book new tickets.
I will have to book new set of tickets from Mid November 2008 to Jan 2009 and Lufthansa Star Alliance might be missing out.
I am just an Ordinary British Black professional man. I enjoy flying with Star Alliance, also working in foreign country (Germany) and cannot speak German language.
Treatment like the above can only send out one message.
Regards with deepest regrets as a customer
I believe that some of Lufthansa customer service representative (like in this particular case), she is a racist. Because of the passenger is an Ordinary British "Black" professional, that probably had something to do with how the Lufthansa customer service representative treat to the passenger that way which is obvious.
I feel sorry for the passenger who had to go through this ordeal.
I encourage every one to Boycott the worst world wide airline:
Lufthansa German shoddy predatory greedy Airline !
Let them as they are planning to do ... dream to acquire other airlines and to destroy the competition: Air Austria, Air Italy, LOT, Swiss Air.
Would you fly to be screwed, arrested and even jailed?
Only than Fly LUFTHANSA!
Lufthansa apparent Customer Service and Marketing Plan: Screw them!
LUFTHANSA CEO WOLFGANG MAYRHUBER Marketing Plan:
Hire the cheap incompetent idiots as stewardeses and ###s as captains, for your money they will help you to be arrested jailed and fined, just for supporting and flying on shoddy LUFTHANSA Airlines in old tradition of SS!
On February 10, 2009 the people of Poland were told and had the best proof how well the employees of LUFTHNSA are carring about passengers, when member of Polish parlament, candidate for polish Premier, Jan Maria Rokita on Lufthansa flight LH3336 first was assaulted by Lufthansa stewardess, than late after her racist behavior and fraudulent claim to aircraft captain, he and his wife were denied boarding and due to fraudulently claimed alleged “agressive behavior“ wrongfully arrested by evidently racist German police.
Lufthansa Airlines confirmed that on 10 of February, 2009, the passenger was escorted by the German authorities from the aircraft on flight LH3336 between Munich and Cracow.
Unfortunatelly the idiots from Lufthansa did not know the gentelman whom they assaulted, was11.07.1992 - 26.10.1993 Chief of the Office of the Council of Ministers, the potential Prime Minister of Poland, Member of Parliment, and his wife Nelly Rokita, who is the adviser of Polish President Lech Kaczynski, but the polish citizens know very well his always set back and restrained behavior. In 2003, Jan Maria Rokita was awarded “Man of the Year“ title, which is a very prestigious award.
That is the marketing act of the century!
Lufthansa latest Marketing slogan:
We hope that in spite of the irregularities you had a successful and pleasant trip and you will choose Lufthansa again in the near future.
Really?
I hope you will be soon out of business, you damn german crooks!
My best LUFTHANSA EXPERIENCE:
Canceled flight LH 9052 on trip to Honolulu, Hawaii:
Iterinary:
GDN LO 359, Saturday, December 27, 2008
FRA UA 901 / LH9052, Saturday, December 27, 2008
SFO UA 79 / LH9136 Saturday, December 27, 2008
HNL UA1036, Saturday, January 17, 2009
SFO UA 0906, Sunday, January 18, 2009
MUC LO 396 Sunday, January 18, 2009
Lufthansa knowingly abandoned the passengers, failed to inform them of their rights, than refused to pay mandatory cancellation compensation.
The governing laws:
● Regulation (EC) No 261/2004, being valid from February 17, 2005, establishing common rules on compensation and assistance to passengers in the event of of cancellation of flights. In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, and this definitively is not the case.
● European Court of Justice: case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008. The European Tribunal of Justice (EJC) on December 22, 2008, in Wallentin-Hermann case closed the loophole of always abused frivolous interpretations used by the airlines of “technical or extraordinary circumstances“, when further defined and limited the use of such defense. Finally the definition of “technical and / or extraordinary circumstances“ by the ECJ court now stands firm and solid. Any carrier must prove that the alleged mechanical problem leading to the cancellation was “beyond its actual control, ” the court affirmed in a statement.
Complaint:
In case of any flight cancellation for whatever reasons the airline(s) are required to provide passengers with:
• emergency flight booking, and an alternative transport to final destination, what was not at all done by either of the airlines.
Canceled was the segment (UA 901 / LH 9052) of my multiple segments flight, starting on December 27, 2008. The flight operator is United Airlines (UA 901) while the contractual booking carier is Lufthansa with flight number LH 9052.
My reservation was through Lufthansa airlines on Lufthansa flight LH9052, I am entitled to claim compensation from Lufthansa, the airline with which I have the contract, for breach of that contract.
The governing laws:
● Regulation (EC) No 261/2004, being valid from February 17, 2005, establishing common rules on compensation and assistance to passengers in the event of of cancellation of flights. In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, and this definitively is not the case.
● European Court of Justice: case Wallentin-Hermann v. Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008. The European Tribunal of Justice (EJC) on December 22, 2008, in Wallentin-Hermann case closed the loophole of always abused frivolous interpretations used by the airlines of “technical or extraordinary circumstances“, when further defined and limited the use of such defense. Finally the definition of “technical and / or extraordinary circumstances“ by the ECJ court now stands firm and solid. Any carrier must prove that the alleged mechanical problem leading to the cancellation was “beyond its actual control, ” the court affirmed in a statement.
Flight Cancellation (Article 5): Cancellation is the non-operation of a scheduled flight on which at least one place was reserved. From this, claims for compensation and assistance under Articles 7, 8 and 9 of the a.m. EC Regulation will arise (see summary in the attached table). Under extraordinary circumstances, the operating air carrier is partially or totally exempt from the obligations under the a.m. EC Regulation. Examples: Political instability, meteorological conditions incompatible with the operation of the flight, security risks, unexpected flight safety shortcomings, strikes, etc.
Disclosure:
The operating air carrier is obliged to comprehensively inform the passengers of this EC
Regulation. For this purpose a notice at check-in is required and in addition a written
description of the rules for compensation and assistance in the case of denied boarding,
cancellation or a delay of more than two hours is to be handed over to each passenger
concerned. At the same time the passengers shall be informed in writing of the responsible
body for complaints.
Derogating or restrictive clauses in the contract of carriage cannot limit or preclude the
contents of the Regulation.
Policy enforcement: The Luftfahrt-Bundesamt (LBA) is the competent authority for the implementation of Regulation (EC) No 261/2004 in Germany. Under this task the LBA analyses on the basis of the complaints the individual air carriers’ policies and causes the air carriers to eliminate systematic infringements of the EC Regulation. If necessary, sanctions will be imposed consisting of fines. The aim is to ensure proper implementation of the consumer protection regulation according to EC law in Germany and to reduce the causes for passenger complaints.
Rights to compensation : Under the following conditions, compensation or assistance according to the EC Regulation (Article 3) may be claimed:
1. The passenger is departing from a German airport or the passenger is departing from an airport in a third country, the arrival airport is a German airport and the operating air carrier is an air carrier licensed under the Council Regulation (EEC) No 2407/92.
2. The passenger has a confirmed reservation and presents himself/herself for check-in at
the time indicated in advance or if no time has been specified, not later than 45 minutes before the published time of departure or the passenger has been transferred by the air carrier or the tour operator from a booked flight to another flight and presents himself/herself for check-in at the time indicated in advance or, if no time has been specified, not later than 45 minutes before the published time of departure.
Determination of compensability: In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
The reasons leading to the flight cancellation shall be given in the form of the statements as requested in this form and shall be verified by appropriate documentation. LBA will resolve upon the acceptance of the statements on the basis of the information and documentation provided.
Information about the kind of documentation that is to be provided as means of proof is given in the note boxes coloured in grey (see below) in each section. If more than one complaint refers to the same flight, it is sufficient to fill out the just once. In this case, however, the LBA reference No of the complaints concerned shall be stated in section 3.
This form is to be signed in section 8 by the person acc to article 63d lit. 4 of Luftverkehrs-Zulassungs-Ordnung (German Air Navigation Certification Order) being the competent person for clearing and accepting complaints in your company.
Changes concerning this person and/or in the contact addresses are to be declared in writing to LBA without delay. If your company has not yet provided this information, the person and/or the contact address are to be announced in writing to LBA without further delay.
If one is refused entry to flight because of overbooking or find that your flight has been cancelled, the airline must hand you a leaflet explaining your rights and describing how much money one is entitled to. The rates are: ● Flights of 1, 500 km or less: € 250 ● Flights between 1, 500 km and 3, 500 km: € 400 ● Flights of more than 3, 500 km: € 600
It is up to enforcement agency LBA to determine if airline is obliged to pay compensation, not by Lufthansa customer service office clerks (Fabian Herrmann and Janine Seidel) or United customer relationship.
Airlines liability insurance minimum coverage: The law requires mandatory insurance for each airline against liability as follow: In accordance with Article 6 of the Regulation (EC) No 785/2004 and §§ 45-47 Luftverkehrsgesetz (Air Navigation Act) the minimum liability insurance cover in respect of passengers, baggage and cargo shall be as follows:
● 250.000 special drawing rights per passenger for bodily injury
● 4.150 special drawing rights per passenger for delayed carriage of passengers
● 1.000 special drawing rights per passenger for damage to baggage and delayed carriage of baggage ● 17 special drawing rights per kilogram for damage to cargoBoth, Lufthansa Airline or United Airline never handed to any of the passengers as required liflets and / or explaining customers rights.
Passengers rights enforcement:
The competency to deal with passengers complaint is with the national enforcement body where the flight - segment problem had its origin, and / or where the airline is domiciled.
Consequtly I have requested mandatory compensation from Lufthansa airline as the result of canceled one of the segments of my on round trip flight from Gdansk (GDN) Poland, to Honolulu (HNL), Hawaii, USA.
The European Court of Justice assured that the airlines must pay up, unless the technical fault was due to “exceptional circumstances“ exclusively defined by the court, such as an act of terrorism or deliberate sabotage.
Further the compensation may be refused only, if the technical problems stem from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier, are beyond its actual control.
Both airlines in violation of Regulation (EC) No 261/2004, negligently abandoned the passengers. Both United Airlines as well as Lufthansa are jointly in contempt of the European Court of Justice. The final decision in Wallentin-Hermann case final verdict, was delivered in mid December of 2008.
The law requires that in situation like this airlines, not the passengers themselves, arranges reservation service as the replacement for cancelled flights, what was never offered or done. Both United Airlines as well Lufthansa not communicating with each other, are “Star Alliance“ members.
Over public announcement service we were informed to seek the hotel Steigenberger, and no one who is not familiar with the town could not locate them. We were only told where to go to the exit, nobody assisted us to find hotel shutlle bus-stop. We were running to and from seeking that bus stop. There was no any form of help to direct us in the right direction.
All Lufthansa did is to tell all passengers to call toll free number: [protected], to United Airlines located “somewhere“ in all center in the United States.
Consequently as many passengers were calling at the same time it was impossible to get to United Airlines employees, the phone were busy, the waiting time was tremendous, mobile (cellular) telephone bill as the consequence are enormous.
If someone was lucky and get connected after several hours of trying, than United told Lufthansa passengers, that have no records of any passengers booked as Lufthansa passengers, and in my cast I am not listed on United Airlines Flight UA 901 passengers list, only due to incompetence of airline employees causing counterproductive tremendous stress, aggravation and tremendous general confusion.
My flight was more than 3, 500 km and as the boarding was denied, I am entitled to the regulatory damage of not less than € 600, plus any and all the expenses on any consequent flights.
In addition should any airline flying from EU airports responsible for the delay or cancelation of the flight anywhere in the world, passengers are entitled to claim 4, 150 SDR (Special Drawing Right), which at the currency exchange rate was about 4, 897.00 €, equivalent of about 6, 300.00 U$, (the exchange rates needs to be prorated to actual currency exchange rates on the day of occurrence, December 27, 2008).
Both airlines after the incident caused only by airlines negligence, ground support mechanics damaged the winglet of the aircraft, negligently abandoned all passengers.
Incident was clearly preventable, was caused only as the result of not following by airline(s) personel mandatory operating safety procedures on the airport ground, tarmac, by ground support crews. The parties are governed by the binding contract and whenever a passenger purchases a ticket, he does so for a comfortable journey.
Travel time: As the travel took from 05:00 am Friday, December 27, 2008 Polish time, (06:00 pm Friday, December 26, 2008, Honolulu time) with the arrival (landing) at 11:55 am, Sunday, December 29, Polish time (Sunday, December 28, 2008 10:55 pm Honolulu time), with consequently lost luggage which was delivered at the local address, which I have received later at 4:00 am Honolulu Time, all time being sleepless. My entire hardly earned vacation were ruined by flight delay. That is almost 58 sleepless hours in transit or travel.
Compensation entitlement: Regulation 5 (EC) No 261/2004, European Court of Justice in Luxembourg: Case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008.
Justice agreed that any technical issues during aircraft maintenance don’t constitute “extraordinary circumstances” that would allow airlines to avoid paying passengers compensation for canceled flights.
In its judgment, the Fourth Chamber of the Court of Justice held:
“Extraordinary circumstances” was not defined in the 2004 Regulation, but the phrase was to be interpreted narrowly since article 5(3) constituted a derogation from the principle, indicated in recitals 1 and 2 of the preamble, of protection of consumers, in as much as cancellation of flights caused serious inconvenience to passengers.
In addition to denied boarding on flight of more than 3, 500 km, compensation of not less than € 600, I am entitled also to claim flight cancelation 4, 150.0 SDR (Special Drawing Right), of about 4, 897.00 €. I am also entitled to any and all incurred travel expenses, and any legal fees I should encounter.
Airlines failed to provide mandatory accommodations after flight cancellation. No notifications, no refreshments (until 18:00 - 6:00pm with first and quite late meal), no flight reservation service.
Travel expenses (reconstructed or estimated): Phone calls expenses related to notifying other party (long distance and rooming fees) about flight delay (air time on 2 mobile phones): lump sum of 20, 00 €. Reimbursement for the lunch at Frankurt Airport of 25, 00 € . Air time on my mobile phone for calling for seveal hours from Frankfurt to toll free number in United States lump sum of 25, 00 €. Refreshments at Frankfurt 20, 00 €. Entertainment at Frankfurt, while forced to spend night at hotel 50, 00 €. Meals while waiting at the San Francisco airport (per diem), lump sum of 35, 00 €, refreshments 20, 00 €. Taxi in Honolulu lump sum of 25, 00 € (I missed the free transpportation from Airport to residence). Refreshments and dinner in Honolulu (per diem) 50, 00 €. Recuperation from jet lag after the travel (5 days) at per diem rate of 500, 00 € per day.
Total claimed lump sump casual and ordinary out of pocket travel expenses are: 2, 9035.00 €.
Complaint preparation fees 250.00 €.
What was the air carrier’s reaction?
Lufthansa after classical stunt of denial of the compensability due to as alleged fraudulent claim “ unfortunate event was an unforeseeable, unexpected and exceptional accident“ and is now arogantly ignoring me, is NOT at all responding any more to any correspondance related to claim submitted via e-mail, or their website.
The communication with the airline is extremally difficult. Airline(s) has not informed passengers of their rights, neither has disclosed any proper procedures for submitting complaint, and such despite the demand were never disclosed to me, to properly communicate between the passengers and the carriers. Many passengers as foreign nationals were not proficient in german or english languages.
1. The flight was cancelled. Both United Airlines as well Lufthansa are Star Alliance members. Passengers were abandoned by both airlines.
2. All Lufthansa did was to provide passengers with the Toll Free number: [protected], of course to United Airlines located somewhere in the United States. No efforts were undertaken to accommodate the (non English speaking passengers). Many foreign travelers couldn't also not speak German. Many were Germans, who are not obliged to speaking English in their home country!.
3. Over public announcement service we were informed to seek the hotel Steigenberger. There was no any form of help to direct us in the right direction.
4. Passengers booked on United Flight under Lufthansa were told by United that they are not on passengers list. I learnt about it after my call to United Number [protected]. Only by jogging from Hotel to Airport, and between United and Lufthansa with substantial arguments the passengers were able to fight themselves for the reservations, on connecting flights.
5. The stress was building up as: Lufthansa persistently mislead all passengers claiming that it was United flight and reservations must be made with United Airlines by the passengers. United refused to accommodate Lufthansa passengers.
6. In case of cancelled flight the airline has the obligation to arrange the reservations for the passengers not the passengers themselves.
7. That is what the passengers are paying for to their travel agents. The Star Alliance members are required to settle their professional duties between themselves. Abandoning passengers in case like this raises to criminal negligence.
8. The Airline is responsible to accommodate the passengers in any way passengers may require, with no exception.
10. As it was impossible to connect with United as to many abandoned passengers were calling reservation office in the US.
11. Many people on that flight were even non English speaking people (Polish, German, French, Italians, Russians, etc.)
12. Shockingly passengers booked on this flight through exchange with Lufthansa, apparently according to United Airlines, were not on the list of the United Airlines.
13. No any form of assistance either by either Lufthansa or UNITED AIRLINES were ever offered to any passengers at Frankurt Airport. That is contrary to statments in the email. Passengers were abandoned, were forced to make their own travel arrangements, despite that they were not proficient in foreign to them language(s).
14. Considering that the damaged aircraft was Boeing 747 400 series, accommodating close to at whether they had made adequate arrangements for a substitute plane to be available. Typical seating capacity of Boeing 747- 400 series is 524 passengers. Instead of abandoning passengers after flight cancellation, carrier should immediately arrange for substitute plane through any available airline brokerage. Providing replacement booking for such a huge number of passengers on already booked flights was clearly mission impossible, arogant, unprofessional, ruthless and highly questionable regarding the airlines mission statement, its approach to passengers, and business. It well demonstrates how well the airline is organized and how really cares about its passengers.
Some passengers spent over 3 nervous days without the assistance of Lufthansa or United Airlines awaiting for the booking.
15. Neither of airlines have had a substitude stand by aircraft at any of the nearest European hubs.
Lufthansa deliberately and with malice misleads passengers, denies compensation in violation of the governing law(s) and in contempt of European Court of Justice rulling in Wallentin- Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), dated December 22, 2008.
Citations from Lufthansa written response to the request for compensation: ( customer.feedback.eu@lufthansa.com ) *(for full e-mail replies by Lufthansa, please see attachments (3) on the end of this complaint.
“Our partner United has informed us about the details surrounding the cancellation of your flight UA 901 on 27 December from Frankfurt to San Francisco. During the ground operations a towing truck accidentally hit the wing of the airplane thus causing the winglet to break off. As this unfortunate event was an unforeseeable, unexpected and exceptional accident, the airline cannot be held liable in this case.“
_________________________________________________________________________________
“We are sorry that you are not satisfied with our response. However, concerning the opinion of Lufthansa the judgement of the European Court does not mean that airlines are liable for cancellations due to technical reasons which are beyond their control - as in this case. Therefore we kindly ask for your understanding that we cannot offer any additional compensation.“ _________________________________________________________________________________
“Please be advised that this will be our final response to you in regard to this case. If you have any other questions or concerns not related to the current claim, we would be glad to assist you.“
_________________________________________________________________________________ “Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.“
Fabian Herrmann and Janine Seidel as the employees in charge, should be properly trained by the airline, knowledgeable about all mandatory legal requirements, helpful, and authorized to act in the best interest not only of carrier but first the passengers. Based on objective evidence and an intentional attempt to escape from liability, by any and all means, by writing targeted, predatory, purposly misleading counterproductive emails on behave of Lufthansa customer reations, resulted only in uncalled aggrevation, and substantial waste of time. Considering criminal behavior of those Lufthansa employees, who accepted on themselves to make the determination of compensability, while not authorised and qualified to do so, justify maximum sanctions of 25, 000 € to be imposed by this enforcement agency on Lufthansa.
All travel expanses are reconstructed, as it is impractical and impossible to keep exact accounting of petty cash, in many cases the receipts were lost or not provided.
Cost of living (COLA) in Honolulu, Hawaii, USA, is higher than in any other states. For tourist daily cost of surviving (hotel, meals, refreshments and entertainment) in Hawaii (per diem) is not less than estimated 500, 00 to 600, 00 U$ per person.
It is up to the carrier (LUFTHANSA) to make me now an offer that I can't refuse.
1 SDR *(Special Drawing Right) is worth about 1.18 €.
€1.00 is equal to about U$1.285.
Law and case references:
http://curia.europa.eu/en/actu/communiques/cp08/aff/cp080100en.pdf
http://www.icao.int/icao/en/leb/mtl99.pdf
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:046:0001:0007:EN:PDF
Consequences of flight cancellation and delay: Consequently after such extremely long travel (58 hors), I have been devastatingly exhausted and needed full week of time for after travel recovery from time change and jet lag, as due to nervous situation, I was unable to sleep either in the hotel and later on the airplane during the flight. I have been to tired to enjoy the New Year event in Honolulu, which we planned for several months before. Consequently I was than unable to travel as planed to Kuai, Maui, Molokai and Big Island of Hawaii, during my 3 weeks of vacation due to extreme exhaustion after such a long flight.
My vacation plans in Hawaii were substantially affected by the unplanned and uncalled change in flight schedule, as neither of the airlines have not timely provided a substitute plane from the nearest hub, what should be done with a minimum time delay. My vacation Plans as well as my companion arriving separately, were also totally ruined, as we were unable to enjoy either New Year, or other pre-planed trips, activities and / or business meetings.
Settlement: The amount of settlement to be paid is always subject to negotiations. I am requesting settlement as proposed below, saying so, under all special circumstances of this case, as explained above, I am submitting my non negotiable demands for compensation.
I am considering proposed below settlement terms as fair and just under any and all circumstances, in this case.
As my New Year vacation as the result of flight cancellation were totally ruined, in addition to compensation, and all out of pocket expenses as stated above, as a replacement for my totally ruined vacations, I am requesting fully paid round trip (for two) for the „4th of July“ in Hawaii, between June 27, 2009 to to July 19, 2009, with, with return booked for August 27, 2009, (subject to my approval). The trip should include at least 21 pre-paid nights (two bedrooms suite) in Waikoloa Hawaii resort on Big Island of Hawaii.
Hilton Waikoloa village in Hawaii web pages:
http://www.hiltonwaikoloavillage.com
The settlement I am seeking is travel for two value about U$ 5, 000 21 days Hilton Waikoloa accommodation for 2 in a 2 bedroom suite, value about 25, 000 U$ and than 5, 000 Euro cancellation compensation in compliance with Infringement of Article 5 of Regulation (EC) No 261/2004.
Reimbursement for lost income during 25 days of those vacation in the amount of U$ 15, 000 (self employed).
Lufthansa's response:
Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Thank you for your Email dated 19 January.
We are very sorry to learn about the irregularities and difficulties you experienced as a result of a flight cancellation on 27 December. For your inconvenience and your trouble we would like to apologise most sincerely to you.
As a matter of course we have already contacted our partner United Airlines and are currently researching the reasons for these unfortunate events. We kindly ask you for your patience during our handling process. We will contact you as soon as we have obtained more information.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's second e-mail (2) response:
Thank you for your patience during our handling process.
We are sorry that you feel you have to write in English. Of course you can also write to us in your native language.
Our partner United has informed us about the details surrounding the cancellation of your flight UA 901 on 27 December from Frankfurt to San Francisco. During the ground operations a towing truck accidentally hit the wing of the airplane thus causing the winglet to break off. As this unfortunate event was an unforeseeable, unexpected and exceptional accident, the airline cannot be held liable in this case.
As a matter of course we and our partner still offer care and assistance to our passengers in such a situation. We very much regret that you felt that the service provided was not up to the standard you have come to expect from us. Due to the large numbers of guests who require assistance it is not always possible to honour personal requests as much as we would like to. We kindly ask for your understanding in this matter.
The ground staff in Frankfurt offered all involved passengers hotel accommodation. All major hotels operate shuttle buses from the airport that are free of charge for hotel guests. Therefore no transportation voucher was issued to you.
Since this unpleasant chain of events was caused by an accident and our partner United has fulfilled the EU regulation by offering accommodation to you, no further compensation can be paid in this instance.
We are glad that you could continue your journey the next day on LH 456 and we hope that in spite of the irregularities you had a successful and pleasant trip and you will choose Lufthansa again in the near future.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's e-mail response:
Thank you for your Email.
We are sorry that you are not satisfied with our response. However, concerning the opinion of Lufthansa the judgement of the European Court does not mean that airlines are liable for cancellations due to technical reasons which are beyond their control - as in this case. Therefore we kindly ask for your understanding that we cannot offer any additional compensation.
Please be advised that this will be our final response to you in regard to this case. If you have any other questions or concerns not related to the current claim, we would be glad to assist you.
It is our hope that these events will not keep you from choosing Lufthansa again for your journeys.Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's e-mail response:
Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
Lufthansa Customer Relation:
Germany
Deutsche Lufthansa AG
Deutschland
Gütersloh
Zip Code33322
Fax+[protected]
Help all to FIGHT BACK those crooks:
E-mail Lufthansa CEO, and other employees, tell them what YOU think of that shoddy airlines:
wolfgang.mayrhuber@dlh.de, publicrelations@LHsystems.com, andreas.bierwirth@dlh.de, carl.sigel@dlh.de, carsten.spohr@dlh.de, holger.hätty@dlh.de, lufthansa.europe.uk.ie@dlh.de, stefan.lauer@dlh.de, hubert.frach@dlh.de, jurgen.weber@dlh.de,
call directly Lufthansa Miles and More number to request your new mam card - the number appears in Lufthansa.com, click in Help and contacts (it is in almost every page on the right side in the top) chose the country and the service (miles and more)
lost baggage - poor customer service
I put in a claim for $2949 for baggage lost during a flight back in July. I have just received a check for $500. This is ABSOLUTELY RIDICULOUS and extremely insulting. I have contacted customer service twice via email and mail, and have heard nothing back. They do not respond. There is no phone number to call and the main office in Germany has been no help...
Read full review of Lufthansa German Airlines and 7 commentsbad service
I want to share my worst flight experience ever with you.for more then 10 years I travel world because of my job .On 19 th december we take Lufthansa 13.55 pm flight from Istanbul to Frankfurt�then connecting flight to New York at 17.00 pm.From beginning I was concerned about 1 hour transfer time (the flight schedule was arranged by local Lufthansa office)so I talked at least 2-3 times with local Lufthansa people about this but they were so convincing that there won`t be any problems.First shock was by learning on 19 th while waiting in istanbul that flight will be delayed for 40 min.Lufthansa flight was the only delayed flight on schedule table since morning.I called Lufthansa office in Turkey there was about half an hour to boarding time, they were not aware of any delay with the flight!Then we rushed to lounge to talk but nobody Lufthansa was there. Then booarding time announced Lufthansa attendants ll tell same story; we`ll compansate loss on air, Lufthansa people will help when we`ll arrive, if necessary plane to plane transport will be made to reach us etc.We departured with more then 1 hour delay.Arrival time was announced as 16.50 but still I was hopefull that Lufthansa will transfer us or find a solution which we were continiously advised by your staff.Just before landing they begin to announce door numbers etc. but despite fact that there were more than 25-30 people to New York nothing announced.After landing only Amsterdam passengers were transferred to their plane directly.I had great diffuculty in understanding why while they can wait us in Istanbul for more then 1 hour as we came on time why we`re not transferred to plane and wait plane for half an hour latest.but I found answer next morning before our flight, we were being offered extra 600-700 euros to wait for next plane because there were 4 people overbooked, so it was not logical to wait plane while they were people on wait list ready to pay 3-4 times of our fees and to keep people by paying only 100 euros per night�who cares, sweet money!We were shocked and depressed and furious, when we get on bus we quickly learned we were not alone there were many others effected.we get off bus and was at least waiting some ground people to take care(there are at least 25-30 people effected in different flights)but no one was there and we were left to own destiny.then we go to ticketing desk by asking people.at leat we were waiting some understandindg and good treatment to ease our pain.But Lufthansa people were acting like this was very normal and as we made a mistake and being punished for that.there was no flight till next morning 10.00 am and big shock came as we don`t have German visa(normally you don`t need for flying to US )we had to spend 16 hours at airport!we were granted 35 eur per person with great generousity!I asked at least to ease our pain can`t they let us to use Lufthansa lounge answer was no.I can`t explain how terrible to spend 16 long and never ending hours at an airport like a prisoner and even without a bed to slip and sleeping at hard chairs of airport.Ticketing people at Lufthansa first told us to come later to take pillows and blankets but then told they run out. It was most terrible night and experience we lived ever and will never forget.The point dissapointing and frustrating me is not the delay or not catching the plane but attitude of Lufthansa against us and not treating us well.Firstly I strongly believe there was still chance for plane transfer as we arrived before departure of plane.But biggest dissapointment is why it was so diffucult to attain a ground personnel to take care of this people and showing you care.we`ll form a group at facebook with all people effected, then we`ll prepare a declaration and share with internet paltforms and newspapers, also we`ll check our rights legally because you have no right to treat us in such bad way, make us spent 16 terrible hours at airport without an excuse and ruin our holiday.
The complaint has been investigated and resolved to the customer’s satisfaction.
Lufthansa latest Marketing slogan:
We hope that in spite of the irregularities you had a successful and pleasant trip and you will choose Lufthansa again in the near future.
Really?
I hope you will be soon out of business, you damn german crooks!
My best LUFTHANSA EXPERIENCE:
Canceled flight LH 9052 on trip to Honolulu, Hawaii:
Iterinary:
GDN LO 359, Saturday, December 27, 2008
FRA UA 901 / LH9052, Saturday, December 27, 2008
SFO UA 79 / LH9136 Saturday, December 27, 2008
HNL UA1036, Saturday, January 17, 2009
SFO UA 0906, Sunday, January 18, 2009
MUC LO 396 Sunday, January 18, 2009
Lufthansa knowingly abandoned the passengers, failed to inform them of their rights, than refused to pay mandatory cancellation compensation.
The governing laws:
● Regulation (EC) No 261/2004, being valid from February 17, 2005, establishing common rules on compensation and assistance to passengers in the event of of cancellation of flights. In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, and this definitively is not the case.
● European Court of Justice: case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008. The European Tribunal of Justice (EJC) on December 22, 2008, in Wallentin-Hermann case closed the loophole of always abused frivolous interpretations used by the airlines of “technical or extraordinary circumstances“, when further defined and limited the use of such defense. Finally the definition of “technical and / or extraordinary circumstances“ by the ECJ court now stands firm and solid. Any carrier must prove that the alleged mechanical problem leading to the cancellation was “beyond its actual control, ” the court affirmed in a statement.
Complaint:
In case of any flight cancellation for whatever reasons the airline(s) are required to provide passengers with:
• emergency flight booking, and an alternative transport to final destination, what was not at all done by either of the airlines.
Canceled was the segment (UA 901 / LH 9052) of my multiple segments flight, starting on December 27, 2008. The flight operator is United Airlines (UA 901) while the contractual booking carier is Lufthansa with flight number LH 9052.
My reservation was through Lufthansa airlines on Lufthansa flight LH9052, I am entitled to claim compensation from Lufthansa, the airline with which I have the contract, for breach of that contract.
The governing laws:
● Regulation (EC) No 261/2004, being valid from February 17, 2005, establishing common rules on compensation and assistance to passengers in the event of of cancellation of flights. In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, and this definitively is not the case.
● European Court of Justice: case Wallentin-Hermann v. Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008. The European Tribunal of Justice (EJC) on December 22, 2008, in Wallentin-Hermann case closed the loophole of always abused frivolous interpretations used by the airlines of “technical or extraordinary circumstances“, when further defined and limited the use of such defense. Finally the definition of “technical and / or extraordinary circumstances“ by the ECJ court now stands firm and solid. Any carrier must prove that the alleged mechanical problem leading to the cancellation was “beyond its actual control, ” the court affirmed in a statement.
Flight Cancellation (Article 5): Cancellation is the non-operation of a scheduled flight on which at least one place was reserved. From this, claims for compensation and assistance under Articles 7, 8 and 9 of the a.m. EC Regulation will arise (see summary in the attached table). Under extraordinary circumstances, the operating air carrier is partially or totally exempt from the obligations under the a.m. EC Regulation. Examples: Political instability, meteorological conditions incompatible with the operation of the flight, security risks, unexpected flight safety shortcomings, strikes, etc.
Disclosure:
The operating air carrier is obliged to comprehensively inform the passengers of this EC
Regulation. For this purpose a notice at check-in is required and in addition a written
description of the rules for compensation and assistance in the case of denied boarding,
cancellation or a delay of more than two hours is to be handed over to each passenger
concerned. At the same time the passengers shall be informed in writing of the responsible
body for complaints.
Derogating or restrictive clauses in the contract of carriage cannot limit or preclude the
contents of the Regulation.
Policy enforcement: The Luftfahrt-Bundesamt (LBA) is the competent authority for the implementation of Regulation (EC) No 261/2004 in Germany. Under this task the LBA analyses on the basis of the complaints the individual air carriers’ policies and causes the air carriers to eliminate systematic infringements of the EC Regulation. If necessary, sanctions will be imposed consisting of fines. The aim is to ensure proper implementation of the consumer protection regulation according to EC law in Germany and to reduce the causes for passenger complaints.
Rights to compensation : Under the following conditions, compensation or assistance according to the EC Regulation (Article 3) may be claimed:
1. The passenger is departing from a German airport or the passenger is departing from an airport in a third country, the arrival airport is a German airport and the operating air carrier is an air carrier licensed under the Council Regulation (EEC) No 2407/92.
2. The passenger has a confirmed reservation and presents himself/herself for check-in at
the time indicated in advance or if no time has been specified, not later than 45 minutes before the published time of departure or the passenger has been transferred by the air carrier or the tour operator from a booked flight to another flight and presents himself/herself for check-in at the time indicated in advance or, if no time has been specified, not later than 45 minutes before the published time of departure.
Determination of compensability: In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
The reasons leading to the flight cancellation shall be given in the form of the statements as requested in this form and shall be verified by appropriate documentation. LBA will resolve upon the acceptance of the statements on the basis of the information and documentation provided.
Information about the kind of documentation that is to be provided as means of proof is given in the note boxes coloured in grey (see below) in each section. If more than one complaint refers to the same flight, it is sufficient to fill out the just once. In this case, however, the LBA reference No of the complaints concerned shall be stated in section 3.
This form is to be signed in section 8 by the person acc to article 63d lit. 4 of Luftverkehrs-Zulassungs-Ordnung (German Air Navigation Certification Order) being the competent person for clearing and accepting complaints in your company.
Changes concerning this person and/or in the contact addresses are to be declared in writing to LBA without delay. If your company has not yet provided this information, the person and/or the contact address are to be announced in writing to LBA without further delay.
If one is refused entry to flight because of overbooking or find that your flight has been cancelled, the airline must hand you a leaflet explaining your rights and describing how much money one is entitled to. The rates are: ● Flights of 1, 500 km or less: € 250 ● Flights between 1, 500 km and 3, 500 km: € 400 ● Flights of more than 3, 500 km: € 600
It is up to enforcement agency LBA to determine if airline is obliged to pay compensation, not by Lufthansa customer service office clerks (Fabian Herrmann and Janine Seidel) or United customer relationship.
Airlines liability insurance minimum coverage: The law requires mandatory insurance for each airline against liability as follow: In accordance with Article 6 of the Regulation (EC) No 785/2004 and §§ 45-47 Luftverkehrsgesetz (Air Navigation Act) the minimum liability insurance cover in respect of passengers, baggage and cargo shall be as follows:
● 250.000 special drawing rights per passenger for bodily injury
● 4.150 special drawing rights per passenger for delayed carriage of passengers
● 1.000 special drawing rights per passenger for damage to baggage and delayed carriage of baggage ● 17 special drawing rights per kilogram for damage to cargoBoth, Lufthansa Airline or United Airline never handed to any of the passengers as required liflets and / or explaining customers rights.
Passengers rights enforcement:
The competency to deal with passengers complaint is with the national enforcement body where the flight - segment problem had its origin, and / or where the airline is domiciled.
Consequtly I have requested mandatory compensation from Lufthansa airline as the result of canceled one of the segments of my on round trip flight from Gdansk (GDN) Poland, to Honolulu (HNL), Hawaii, USA.
The European Court of Justice assured that the airlines must pay up, unless the technical fault was due to “exceptional circumstances“ exclusively defined by the court, such as an act of terrorism or deliberate sabotage.
Further the compensation may be refused only, if the technical problems stem from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier, are beyond its actual control.
Both airlines in violation of Regulation (EC) No 261/2004, negligently abandoned the passengers. Both United Airlines as well as Lufthansa are jointly in contempt of the European Court of Justice. The final decision in Wallentin-Hermann case final verdict, was delivered in mid December of 2008.
The law requires that in situation like this airlines, not the passengers themselves, arranges reservation service as the replacement for cancelled flights, what was never offered or done. Both United Airlines as well Lufthansa not communicating with each other, are “Star Alliance“ members.
Over public announcement service we were informed to seek the hotel Steigenberger, and no one who is not familiar with the town could not locate them. We were only told where to go to the exit, nobody assisted us to find hotel shutlle bus-stop. We were running to and from seeking that bus stop. There was no any form of help to direct us in the right direction.
All Lufthansa did is to tell all passengers to call toll free number: [protected], to United Airlines located “somewhere“ in all center in the United States.
Consequently as many passengers were calling at the same time it was impossible to get to United Airlines employees, the phone were busy, the waiting time was tremendous, mobile (cellular) telephone bill as the consequence are enormous.
If someone was lucky and get connected after several hours of trying, than United told Lufthansa passengers, that have no records of any passengers booked as Lufthansa passengers, and in my cast I am not listed on United Airlines Flight UA 901 passengers list, only due to incompetence of airline employees causing counterproductive tremendous stress, aggravation and tremendous general confusion.
My flight was more than 3, 500 km and as the boarding was denied, I am entitled to the regulatory damage of not less than € 600, plus any and all the expenses on any consequent flights.
In addition should any airline flying from EU airports responsible for the delay or cancelation of the flight anywhere in the world, passengers are entitled to claim 4, 150 SDR (Special Drawing Right), which at the currency exchange rate was about 4, 897.00 €, equivalent of about 6, 300.00 U$, (the exchange rates needs to be prorated to actual currency exchange rates on the day of occurrence, December 27, 2008).
Both airlines after the incident caused only by airlines negligence, ground support mechanics damaged the winglet of the aircraft, negligently abandoned all passengers.
Incident was clearly preventable, was caused only as the result of not following by airline(s) personel mandatory operating safety procedures on the airport ground, tarmac, by ground support crews. The parties are governed by the binding contract and whenever a passenger purchases a ticket, he does so for a comfortable journey.
Travel time: As the travel took from 05:00 am Friday, December 27, 2008 Polish time, (06:00 pm Friday, December 26, 2008, Honolulu time) with the arrival (landing) at 11:55 am, Sunday, December 29, Polish time (Sunday, December 28, 2008 10:55 pm Honolulu time), with consequently lost luggage which was delivered at the local address, which I have received later at 4:00 am Honolulu Time, all time being sleepless. My entire hardly earned vacation were ruined by flight delay. That is almost 58 sleepless hours in transit or travel.
Compensation entitlement: Regulation 5 (EC) No 261/2004, European Court of Justice in Luxembourg: Case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008.
Justice agreed that any technical issues during aircraft maintenance don’t constitute “extraordinary circumstances” that would allow airlines to avoid paying passengers compensation for canceled flights.
In its judgment, the Fourth Chamber of the Court of Justice held:
“Extraordinary circumstances” was not defined in the 2004 Regulation, but the phrase was to be interpreted narrowly since article 5(3) constituted a derogation from the principle, indicated in recitals 1 and 2 of the preamble, of protection of consumers, in as much as cancellation of flights caused serious inconvenience to passengers.
In addition to denied boarding on flight of more than 3, 500 km, compensation of not less than € 600, I am entitled also to claim flight cancelation 4, 150.0 SDR (Special Drawing Right), of about 4, 897.00 €. I am also entitled to any and all incurred travel expenses, and any legal fees I should encounter.
Airlines failed to provide mandatory accommodations after flight cancellation. No notifications, no refreshments (until 18:00 - 6:00pm with first and quite late meal), no flight reservation service.
Travel expenses (reconstructed or estimated): Phone calls expenses related to notifying other party (long distance and rooming fees) about flight delay (air time on 2 mobile phones): lump sum of 20, 00 €. Reimbursement for the lunch at Frankurt Airport of 25, 00 € . Air time on my mobile phone for calling for seveal hours from Frankfurt to toll free number in United States lump sum of 25, 00 €. Refreshments at Frankfurt 20, 00 €. Entertainment at Frankfurt, while forced to spend night at hotel 50, 00 €. Meals while waiting at the San Francisco airport (per diem), lump sum of 35, 00 €, refreshments 20, 00 €. Taxi in Honolulu lump sum of 25, 00 € (I missed the free transpportation from Airport to residence). Refreshments and dinner in Honolulu (per diem) 50, 00 €. Recuperation from jet lag after the travel (5 days) at per diem rate of 500, 00 € per day.
Total claimed lump sump casual and ordinary out of pocket travel expenses are: 2, 9035.00 €.
Complaint preparation fees 250.00 €.
What was the air carrier’s reaction?
Lufthansa after classical stunt of denial of the compensability due to as alleged fraudulent claim “ unfortunate event was an unforeseeable, unexpected and exceptional accident“ and is now arogantly ignoring me, is NOT at all responding any more to any correspondance related to claim submitted via e-mail, or their website.
The communication with the airline is extremally difficult. Airline(s) has not informed passengers of their rights, neither has disclosed any proper procedures for submitting complaint, and such despite the demand were never disclosed to me, to properly communicate between the passengers and the carriers. Many passengers as foreign nationals were not proficient in german or english languages.
1. The flight was cancelled. Both United Airlines as well Lufthansa are Star Alliance members. Passengers were abandoned by both airlines.
2. All Lufthansa did was to provide passengers with the Toll Free number: [protected], of course to United Airlines located somewhere in the United States. No efforts were undertaken to accommodate the (non English speaking passengers). Many foreign travelers couldn't also not speak German. Many were Germans, who are not obliged to speaking English in their home country!.
3. Over public announcement service we were informed to seek the hotel Steigenberger. There was no any form of help to direct us in the right direction.
4. Passengers booked on United Flight under Lufthansa were told by United that they are not on passengers list. I learnt about it after my call to United Number [protected]. Only by jogging from Hotel to Airport, and between United and Lufthansa with substantial arguments the passengers were able to fight themselves for the reservations, on connecting flights.
5. The stress was building up as: Lufthansa persistently mislead all passengers claiming that it was United flight and reservations must be made with United Airlines by the passengers. United refused to accommodate Lufthansa passengers.
6. In case of cancelled flight the airline has the obligation to arrange the reservations for the passengers not the passengers themselves.
7. That is what the passengers are paying for to their travel agents. The Star Alliance members are required to settle their professional duties between themselves. Abandoning passengers in case like this raises to criminal negligence.
8. The Airline is responsible to accommodate the passengers in any way passengers may require, with no exception.
10. As it was impossible to connect with United as to many abandoned passengers were calling reservation office in the US.
11. Many people on that flight were even non English speaking people (Polish, German, French, Italians, Russians, etc.)
12. Shockingly passengers booked on this flight through exchange with Lufthansa, apparently according to United Airlines, were not on the list of the United Airlines.
13. No any form of assistance either by either Lufthansa or UNITED AIRLINES were ever offered to any passengers at Frankurt Airport. That is contrary to statments in the email. Passengers were abandoned, were forced to make their own travel arrangements, despite that they were not proficient in foreign to them language(s).
14. Considering that the damaged aircraft was Boeing 747 400 series, accommodating close to at whether they had made adequate arrangements for a substitute plane to be available. Typical seating capacity of Boeing 747- 400 series is 524 passengers. Instead of abandoning passengers after flight cancellation, carrier should immediately arrange for substitute plane through any available airline brokerage. Providing replacement booking for such a huge number of passengers on already booked flights was clearly mission impossible, arogant, unprofessional, ruthless and highly questionable regarding the airlines mission statement, its approach to passengers, and business. It well demonstrates how well the airline is organized and how really cares about its passengers.
Some passengers spent over 3 nervous days without the assistance of Lufthansa or United Airlines awaiting for the booking.
15. Neither of airlines have had a substitude stand by aircraft at any of the nearest European hubs.
Lufthansa deliberately and with malice misleads passengers, denies compensation in violation of the governing law(s) and in contempt of European Court of Justice rulling in Wallentin- Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), dated December 22, 2008.
Citations from Lufthansa written response to the request for compensation: ( customer.feedback.eu@lufthansa.com ) *(for full e-mail replies by Lufthansa, please see attachments (3) on the end of this complaint.
“Our partner United has informed us about the details surrounding the cancellation of your flight UA 901 on 27 December from Frankfurt to San Francisco. During the ground operations a towing truck accidentally hit the wing of the airplane thus causing the winglet to break off. As this unfortunate event was an unforeseeable, unexpected and exceptional accident, the airline cannot be held liable in this case.“
_________________________________________________________________________________
“We are sorry that you are not satisfied with our response. However, concerning the opinion of Lufthansa the judgement of the European Court does not mean that airlines are liable for cancellations due to technical reasons which are beyond their control - as in this case. Therefore we kindly ask for your understanding that we cannot offer any additional compensation.“ _________________________________________________________________________________
“Please be advised that this will be our final response to you in regard to this case. If you have any other questions or concerns not related to the current claim, we would be glad to assist you.“
_________________________________________________________________________________ “Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.“
Fabian Herrmann and Janine Seidel as the employees in charge, should be properly trained by the airline, knowledgeable about all mandatory legal requirements, helpful, and authorized to act in the best interest not only of carrier but first the passengers. Based on objective evidence and an intentional attempt to escape from liability, by any and all means, by writing targeted, predatory, purposly misleading counterproductive emails on behave of Lufthansa customer reations, resulted only in uncalled aggrevation, and substantial waste of time. Considering criminal behavior of those Lufthansa employees, who accepted on themselves to make the determination of compensability, while not authorised and qualified to do so, justify maximum sanctions of 25, 000 € to be imposed by this enforcement agency on Lufthansa.
All travel expanses are reconstructed, as it is impractical and impossible to keep exact accounting of petty cash, in many cases the receipts were lost or not provided.
Cost of living (COLA) in Honolulu, Hawaii, USA, is higher than in any other states. For tourist daily cost of surviving (hotel, meals, refreshments and entertainment) in Hawaii (per diem) is not less than estimated 500, 00 to 600, 00 U$ per person.
It is up to the carrier (LUFTHANSA) to make me now an offer that I can't refuse.
1 SDR *(Special Drawing Right) is worth about 1.18 €.
€1.00 is equal to about U$1.285.
Law and case references:
http://curia.europa.eu/en/actu/communiques/cp08/aff/cp080100en.pdf
http://www.icao.int/icao/en/leb/mtl99.pdf
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:046:0001:0007:EN:PDF
Consequences of flight cancellation and delay: Consequently after such extremely long travel (58 hors), I have been devastatingly exhausted and needed full week of time for after travel recovery from time change and jet lag, as due to nervous situation, I was unable to sleep either in the hotel and later on the airplane during the flight. I have been to tired to enjoy the New Year event in Honolulu, which we planned for several months before. Consequently I was than unable to travel as planed to Kuai, Maui, Molokai and Big Island of Hawaii, during my 3 weeks of vacation due to extreme exhaustion after such a long flight.
My vacation plans in Hawaii were substantially affected by the unplanned and uncalled change in flight schedule, as neither of the airlines have not timely provided a substitute plane from the nearest hub, what should be done with a minimum time delay. My vacation Plans as well as my companion arriving separately, were also totally ruined, as we were unable to enjoy either New Year, or other pre-planed trips, activities and / or business meetings.
Settlement: The amount of settlement to be paid is always subject to negotiations. I am requesting settlement as proposed below, saying so, under all special circumstances of this case, as explained above, I am submitting my non negotiable demands for compensation.
I am considering proposed below settlement terms as fair and just under any and all circumstances, in this case.
As my New Year vacation as the result of flight cancellation were totally ruined, in addition to compensation, and all out of pocket expenses as stated above, as a replacement for my totally ruined vacations, I am requesting fully paid round trip (for two) for the „4th of July“ in Hawaii, between June 27, 2009 to to July 19, 2009, with, with return booked for August 27, 2009, (subject to my approval). The trip should include at least 21 pre-paid nights (two bedrooms suite) in Waikoloa Hawaii resort on Big Island of Hawaii.
Hilton Waikoloa village in Hawaii web pages:
http://www.hiltonwaikoloavillage.com
The settlement I am seeking is travel for two value about U$ 5, 000 21 days Hilton Waikoloa accommodation for 2 in a 2 bedroom suite, value about 25, 000 U$ and than 5, 000 Euro cancellation compensation in compliance with Infringement of Article 5 of Regulation (EC) No 261/2004.
Reimbursement for lost income during 25 days of those vacation in the amount of U$ 15, 000 (self employed).
Lufthansa's response:
Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Thank you for your Email dated 19 January.
We are very sorry to learn about the irregularities and difficulties you experienced as a result of a flight cancellation on 27 December. For your inconvenience and your trouble we would like to apologise most sincerely to you.
As a matter of course we have already contacted our partner United Airlines and are currently researching the reasons for these unfortunate events. We kindly ask you for your patience during our handling process. We will contact you as soon as we have obtained more information.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's second e-mail (2) response:
Thank you for your patience during our handling process.
We are sorry that you feel you have to write in English. Of course you can also write to us in your native language.
Our partner United has informed us about the details surrounding the cancellation of your flight UA 901 on 27 December from Frankfurt to San Francisco. During the ground operations a towing truck accidentally hit the wing of the airplane thus causing the winglet to break off. As this unfortunate event was an unforeseeable, unexpected and exceptional accident, the airline cannot be held liable in this case.
As a matter of course we and our partner still offer care and assistance to our passengers in such a situation. We very much regret that you felt that the service provided was not up to the standard you have come to expect from us. Due to the large numbers of guests who require assistance it is not always possible to honour personal requests as much as we would like to. We kindly ask for your understanding in this matter.
The ground staff in Frankfurt offered all involved passengers hotel accommodation. All major hotels operate shuttle buses from the airport that are free of charge for hotel guests. Therefore no transportation voucher was issued to you.
Since this unpleasant chain of events was caused by an accident and our partner United has fulfilled the EU regulation by offering accommodation to you, no further compensation can be paid in this instance.
We are glad that you could continue your journey the next day on LH 456 and we hope that in spite of the irregularities you had a successful and pleasant trip and you will choose Lufthansa again in the near future.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's e-mail response:
Thank you for your Email.
We are sorry that you are not satisfied with our response. However, concerning the opinion of Lufthansa the judgement of the European Court does not mean that airlines are liable for cancellations due to technical reasons which are beyond their control - as in this case. Therefore we kindly ask for your understanding that we cannot offer any additional compensation.
Please be advised that this will be our final response to you in regard to this case. If you have any other questions or concerns not related to the current claim, we would be glad to assist you.
It is our hope that these events will not keep you from choosing Lufthansa again for your journeys.Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's e-mail response:
Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
Lufthansa Customer Relation:
Germany
Deutsche Lufthansa AG
Deutschland
Gütersloh
Zip Code33322
Fax+[protected]
Help all to FIGHT BACK those crooks:
E-mail Lufthansa CEO, and other employees, tell them what YOU think of that shoddy airlines:
wolfgang.mayrhuber@dlh.de, publicrelations@LHsystems.com, andreas.bierwirth@dlh.de, carl.sigel@dlh.de, carsten.spohr@dlh.de, holger.hätty@dlh.de, lufthansa.europe.uk.ie@dlh.de, stefan.lauer@dlh.de, hubert.frach@dlh.de, jurgen.weber@dlh.de,
poor customer service
Dear Sir or Madam,
Circumstances have prevented me from writing earlier regarding the events of last weekend, the 16th & 17th August 2008, at Houston Airport.
My wife & I were booked on the 15.25 Lufthansa flight LH441 from Houston to Frankfurt. As I recall, we were ushered on board with no significant delay. But then, having taxied out to the runway, the aircraft was returned to the terminal with a technical fault. Apparently, the brakes were not functioning correctly. Although we were disappointed not to be able to take off, we appreciated the captain’s concerns, and were at first content to wait patiently for a solution to the problem.
I should now point out that my wife and I had had a late breakfast, and no lunch, expecting to eat shortly after take-off. However, we now had to wait in the plane for some four hours, with very sparse information from the captain. During this time, we were given a packet of Pretzels, a glass of water, and a glass of cola. Eventually, we saw that the luggage was being removed from the hold, and some time after that, we were instructed to leave the plane, collect our luggage again, and present ourselves at the Lufthansa desk in the terminal.
For some reason, it took over an hour for any luggage to appear on the carrousel, and as luck would have it, my wife’s and my luggage appeared at the very end. And so, already weary, we made our way to the end of a long line, stretching some way around the terminal to the Lufthansa desk. By now it was approximately 9pm, and everyone’s nerves were becoming frayed. The occasional Lufthansa staff member was seen marching purposefully up and down the line, but no more information was forthcoming. Now rumours started to circulate regarding our fate. We understood from others in the line, that we would be given a room for the night, and would have to return the next day.
Sure enough, about 10.40pm, we arrived at the counter, where we were offered profuse apologies for the delay. Here, for the first time, we were able to vent our feelings, saying that to begin with, there had been sparse information, and secondly, we were now extremely tired and hungry, and had had nothing to eat or drink since we left the plane. The lady explained that the kitchen was ‘unfortunately closed’. Why then, were we not given a meal on the plane? Apparently, ‘for safety reasons’!
Nevertheless, the plane was scheduled to leave at 11.30am the next day. We were offered a hotel room for the night, given a dinner and breakfast voucher, and told to call in at 8am to check that the 11.30 take-off was still anticipated. We were now to go to Terminal E, where we would be picked up by a courtesy bus. Another twenty minute wait followed, before the promised bus arrived. Apparently, the driver had been waiting at Terminal D! The driver from the Days Hotel must be congratulated for lifting everyone’s spirits, and we duly arrived at the hotel, where we had the first meal since breakfast, at 11.45pm. We retired to bed at 1am.
Having risen at 7am on the Sunday, we called Lufthansa at 8, and were told that the plane was indeed leaving at 11.30. We should be back at the airport by around 9.30. In fact, we had another wait for the courtesy bus, and were at the airport by about 10am, to find a similar mass of humanity to the one we had left the day before. The departure time of 11.30 came and went without any information from Lufthansa. We now stood in the queue until around 17.30. During this time, one lady, who I believe was one of the airport staff, and not Lufthansa, listened patiently to everyone’s complaint, but said she could do nothing, and was unsure as to what was happening.
Virtually everyone took it upon themselves to extricate themselves from the dilemma, and find alternative routes to their destination; several disappeared towards the Emirates desk. Meanwhile, while other long-suffering passengers guarded our luggage, we enquired of British Airways if there were seats available to Germany via London. Yes, there were seats, but we needed permission from Lufthansa before we could fly with BA. There was no alternative to waiting our turn at the Lufthansa desk.
When, at last we reached the Lufthansa desk, we were amazed at the seeming lack of concern of some of the staff. Apparently, the plane was now scheduled to leave at 11pm, entailing another five hour wait. When we complained that we would rather leave on the BA flight at 8pm, we were told there were no seats available on that flight! After remonstrating for a while, that we had just spoken to the BA staff regarding seat availability, a senior Lufthansa staff member had a whispered word with our informant, and two BA seats were suddenly available to us.So ended our sojourn at Houston Airport.
To summarize our complaint, it would seem Lufthansa staff are in many cases poorly trained to cope with those cases where a large number of people are delayed for several hours. To begin with, passengers need regular updates on the situation. Even where there is no news, passengers need to know. Secondly, a system must be in place whereby passengers are given regular refreshments. Perhaps they could also be given queue numbers so that they can be allowed to sit elsewhere, and be called when needed. The staff must be prepared to listen patiently and show concern when the passengers become agitated. The staff should not be confrontational.
Lastly, I had intended to bring to your attention two concerns on our flight from Germany. Because there was one entertainment system available for all passengers, we were required to watch three films, the first of which was for children only, and the last too violent, in my opinion, for children, or, indeed, for me! Secondly, because the food, consisting of either of two dishes, was always served from the front, those of us at the back had no choice when the food arrived. We did mention this point to the attendant, but were offered a rather confusing and unsatisfactory explanation!
In all, we were totally dissatisfied with Lufthansa’s service. We had expected far better from such a prestigious airline. I only hope that you might learn from our experiences, and that the above will serve to improve matters in the future.
Yours faithfully,
Malcolm Phillips
Well, well...I agree wholeheartedly, since my husband and I also were to take flight 441 to Frankfurt October 15. We drove four and a half hours to get to IAH Houston. Weather delayed the plane's arrival; we were boarded about 4 PM. The captain eventually announced an apparent indicator malfunction for the flaps. Juice and water were served.
My husband saw a pickup truck (!) and later a Lufthansa service vehicle take mechanics and tools to the plane wing, where they worked...and worked... Flight attendants were friendly but knew little. One told some passengers the malfunction had been noticed as the plane landed, after circling due to bad weather.
After around 2 1/2 hours on board, we were deplaned to wait at the gate. The mechanical problem was never solved. Finally Lufthansa staff announced the flight was cancelled, by which time we had waited with no meal for 3 1/2 or 4 hours. I was first told the cancellation was due to the bad weather! I said that was impossible; everyone had heard the captain say there was a technical problem and we had seen the mechanics at work. We were also told Lufthansa could not give hotel or meal vouchers. There was such an angry protest that a supervisor, "Tanya" (maybe Tania?) came to the gate. Next we were told passengers could call reservations and book a flight the next day--however, no hotel rooms could be found in the city; staff said they had called several. Tanya announced she personally would guarantee anyone able to find an available hotel room that the cost would be reimbursed if the original receipts were sent in. She also agreed the airline would reimburse the cost of dinner. I was given a Houston address on North Terminal Road when I insisted on an address to which I could submit our hotel receipt. Today a phone number I found online for this address was not a working number.
It took over an hour to recover our two checked suitcases. We discovered today (October 16) that some items inside were damp, undoubtedly due to the slow unloading after the flight was cancelled.
The storm, which had alternately intensified and abated during this whole time, had flooded area streets. Our parking lot shuttle was over an hour late and we still had no hotel room. We finally decided to drive back toward home and try to find a hotel along the way. Other commitments made it impossible to try to book a flight the next day. When my husband called reservations, he was told there were no seats available for the next two days, anyway.
We tried stopping at two or three motels in the Houston area as we left the city, but they were full. We were told all hotels were filled with Hurricane Ike refugees and FEMA personnel in town. Along I-10, we tried calling ahead for hotels, but they were also full. Exhausted and hungry, since we felt we could not stop for dinner so late at night if we wanted to locate a hotel room, we at last found a vacancy outside of San Antonio at 3 AM.
Today I have sent an e-mail complaint to Lufthansa and a request for a correct address in order to send in our hotel receipt. A call to Lufthansa's 800 number resulted in no more than the mailing address in East Meadow, New York for Customer Service, which we were already given at the airport. Who knows if this address is the right place to send the receipt?
Thanks to Malcolm, we're beginning to believe Lufthansa has become lax in its aircraft maintenance. We are equally convinced they will do everything possible to delay admitting responsibility for a cancelled flight. After all, taking care of passengers in that case affects their bottom line. I don't want to fly Lufthansa again.
worst service ever
Writing out this complaint reminds me agony of travel with LUFTHANSA. On 8th of July 2008, when I was returning from Manchester to Delhi, i had my first flight from Manchester to Frankfurt and then connecting flight from Frankfurt to New Delhi. I had excess luggage of around 10-12 kg. I was initially badly treated and the officers out there made me feel so low by making me repeatedly realise that I have bought a "cheap" ticket. When I had thrown away my luggage and proceeded the lady at the counter marked on my boarding pass 1 baggage, even though I had two with me. I had not realised this at that moment. when i finally proceeded for check in people at the gate stopped me as I had two baggage with me and they started shouting at me and asked me to pay 100 pounds. Since I was not carrying enough cash so I requested if I could dispense away more of my luggage. They refused to budge and ordered that my luggage in the flight should be taken out. In spite of my request that this will lead me miss my connected flight, they showed no sign of humanity and I actually saw my flight leaving before my eyes with me having no money to book another flight. The agony did not end there. Instead of helping me officers were taking out the pieces from my bag which also had few chappatis and were making fun of me. If not any one else I know for sure that God will teach them lesson. Finally when they booked me for another flight they made sure that I do not carry anything more than 20 kgs and in this they shamefully included the weight of currency as well. PEOPLE IN LUFTHANSA ARE NOT HUMANS, AND AS A CALL FOR HUMANITY LET HUMANS ASSOCIATE WITH HUMANS ONLY.
The complaint has been investigated and resolved to the customer’s satisfaction.
I encourage every one to Boycott the worst world wide airline:
Lufthansa German shoddy predatory greedy Airline !
Let them as they are planning to do ... dream to acquire other airlines and to destroy the competition: Air Austria, Air Italy, LOT, Swiss Air.
Would you fly to be screwed, arrested and even jailed?
Fly LUFTHANSA!
Lufthansa apparent Customer Service and Marketing Plan: Screw them!
LUFTHANSA CEO WOLFGANG MAYRHUBER Marketing Plan:
Hire the cheap incompetent idiots as stewardeses and ###s as captains, for your money they will help you to be arrested jailed and fined, just for supporting and flying on shoddy LUFTHANSA Airlines in old tradition of SS!
On February 10, 2009 the people of Poland were told and had the best proof how well the employees of LUFTHNSA are carring about passengers, when member of Polish parlament, candidate for polish Premier, Jan Maria Rokita on Lufthansa flight LH3336 first was assaulted by Lufthansa stewardess, than late after her racist behavior and fraudulent claim to aircraft captain, he and his wife were denied boarding and due to fraudulently claimed alleged “agressive behavior“ wrongfully arrested by evidently racist German police.
Lufthansa Airlines confirmed that on 10 of February, 2009, the passenger was escorted by the German authorities from the aircraft on flight LH3336 between Munich and Cracow.
Unfortunatelly the idiots from Lufthansa did not know the gentelman whom they assaulted, was11.07.1992 - 26.10.1993 Chief of the Office of the Council of Ministers, the potential Prime Minister of Poland, Member of Parliment, and his wife Nelly Rokita, who is the adviser of Polish President Lech Kaczynski, but the polish citizens know very well his always set back and restrained behavior. In 2003, Jan Maria Rokita was awarded “Man of the Year“ title, which is a very prestigious award.
That is the marketing act of the century!
Lufthansa latest Marketing slogan:
We hope that in spite of the irregularities you had a successful and pleasant trip and you will choose Lufthansa again in the near future.
Really?
I hope you will be soon out of business, you damn german crooks!
My best LUFTHANSA EXPERIENCE:
Canceled flight LH 9052 on trip to Honolulu, Hawaii:
Iterinary:
GDN LO 359, Saturday, December 27, 2008
FRA UA 901 / LH9052, Saturday, December 27, 2008
SFO UA 79 / LH9136 Saturday, December 27, 2008
HNL UA1036, Saturday, January 17, 2009
SFO UA 0906, Sunday, January 18, 2009
MUC LO 396 Sunday, January 18, 2009
Lufthansa knowingly abandoned the passengers, failed to inform them of their rights, than refused to pay mandatory cancellation compensation.
The governing laws:
● Regulation (EC) No 261/2004, being valid from February 17, 2005, establishing common rules on compensation and assistance to passengers in the event of of cancellation of flights. In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, and this definitively is not the case.
● European Court of Justice: case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008. The European Tribunal of Justice (EJC) on December 22, 2008, in Wallentin-Hermann case closed the loophole of always abused frivolous interpretations used by the airlines of “technical or extraordinary circumstances“, when further defined and limited the use of such defense. Finally the definition of “technical and / or extraordinary circumstances“ by the ECJ court now stands firm and solid. Any carrier must prove that the alleged mechanical problem leading to the cancellation was “beyond its actual control, ” the court affirmed in a statement.
Complaint:
In case of any flight cancellation for whatever reasons the airline(s) are required to provide passengers with:
• emergency flight booking, and an alternative transport to final destination, what was not at all done by either of the airlines.
Canceled was the segment (UA 901 / LH 9052) of my multiple segments flight, starting on December 27, 2008. The flight operator is United Airlines (UA 901) while the contractual booking carier is Lufthansa with flight number LH 9052.
My reservation was through Lufthansa airlines on Lufthansa flight LH9052, I am entitled to claim compensation from Lufthansa, the airline with which I have the contract, for breach of that contract.
The governing laws:
● Regulation (EC) No 261/2004, being valid from February 17, 2005, establishing common rules on compensation and assistance to passengers in the event of of cancellation of flights. In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, and this definitively is not the case.
● European Court of Justice: case Wallentin-Hermann v. Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008. The European Tribunal of Justice (EJC) on December 22, 2008, in Wallentin-Hermann case closed the loophole of always abused frivolous interpretations used by the airlines of “technical or extraordinary circumstances“, when further defined and limited the use of such defense. Finally the definition of “technical and / or extraordinary circumstances“ by the ECJ court now stands firm and solid. Any carrier must prove that the alleged mechanical problem leading to the cancellation was “beyond its actual control, ” the court affirmed in a statement.
Flight Cancellation (Article 5): Cancellation is the non-operation of a scheduled flight on which at least one place was reserved. From this, claims for compensation and assistance under Articles 7, 8 and 9 of the a.m. EC Regulation will arise (see summary in the attached table). Under extraordinary circumstances, the operating air carrier is partially or totally exempt from the obligations under the a.m. EC Regulation. Examples: Political instability, meteorological conditions incompatible with the operation of the flight, security risks, unexpected flight safety shortcomings, strikes, etc.
Disclosure:
The operating air carrier is obliged to comprehensively inform the passengers of this EC
Regulation. For this purpose a notice at check-in is required and in addition a written
description of the rules for compensation and assistance in the case of denied boarding,
cancellation or a delay of more than two hours is to be handed over to each passenger
concerned. At the same time the passengers shall be informed in writing of the responsible
body for complaints.
Derogating or restrictive clauses in the contract of carriage cannot limit or preclude the
contents of the Regulation.
Policy enforcement: The Luftfahrt-Bundesamt (LBA) is the competent authority for the implementation of Regulation (EC) No 261/2004 in Germany. Under this task the LBA analyses on the basis of the complaints the individual air carriers’ policies and causes the air carriers to eliminate systematic infringements of the EC Regulation. If necessary, sanctions will be imposed consisting of fines. The aim is to ensure proper implementation of the consumer protection regulation according to EC law in Germany and to reduce the causes for passenger complaints.
Rights to compensation : Under the following conditions, compensation or assistance according to the EC Regulation (Article 3) may be claimed:
1. The passenger is departing from a German airport or the passenger is departing from an airport in a third country, the arrival airport is a German airport and the operating air carrier is an air carrier licensed under the Council Regulation (EEC) No 2407/92.
2. The passenger has a confirmed reservation and presents himself/herself for check-in at
the time indicated in advance or if no time has been specified, not later than 45 minutes before the published time of departure or the passenger has been transferred by the air carrier or the tour operator from a booked flight to another flight and presents himself/herself for check-in at the time indicated in advance or, if no time has been specified, not later than 45 minutes before the published time of departure.
Determination of compensability: In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
The reasons leading to the flight cancellation shall be given in the form of the statements as requested in this form and shall be verified by appropriate documentation. LBA will resolve upon the acceptance of the statements on the basis of the information and documentation provided.
Information about the kind of documentation that is to be provided as means of proof is given in the note boxes coloured in grey (see below) in each section. If more than one complaint refers to the same flight, it is sufficient to fill out the just once. In this case, however, the LBA reference No of the complaints concerned shall be stated in section 3.
This form is to be signed in section 8 by the person acc to article 63d lit. 4 of Luftverkehrs-Zulassungs-Ordnung (German Air Navigation Certification Order) being the competent person for clearing and accepting complaints in your company.
Changes concerning this person and/or in the contact addresses are to be declared in writing to LBA without delay. If your company has not yet provided this information, the person and/or the contact address are to be announced in writing to LBA without further delay.
If one is refused entry to flight because of overbooking or find that your flight has been cancelled, the airline must hand you a leaflet explaining your rights and describing how much money one is entitled to. The rates are: ● Flights of 1, 500 km or less: € 250 ● Flights between 1, 500 km and 3, 500 km: € 400 ● Flights of more than 3, 500 km: € 600
It is up to enforcement agency LBA to determine if airline is obliged to pay compensation, not by Lufthansa customer service office clerks (Fabian Herrmann and Janine Seidel) or United customer relationship.
Airlines liability insurance minimum coverage: The law requires mandatory insurance for each airline against liability as follow: In accordance with Article 6 of the Regulation (EC) No 785/2004 and §§ 45-47 Luftverkehrsgesetz (Air Navigation Act) the minimum liability insurance cover in respect of passengers, baggage and cargo shall be as follows:
● 250.000 special drawing rights per passenger for bodily injury
● 4.150 special drawing rights per passenger for delayed carriage of passengers
● 1.000 special drawing rights per passenger for damage to baggage and delayed carriage of baggage ● 17 special drawing rights per kilogram for damage to cargoBoth, Lufthansa Airline or United Airline never handed to any of the passengers as required liflets and / or explaining customers rights.
Passengers rights enforcement:
The competency to deal with passengers complaint is with the national enforcement body where the flight - segment problem had its origin, and / or where the airline is domiciled.
Consequtly I have requested mandatory compensation from Lufthansa airline as the result of canceled one of the segments of my on round trip flight from Gdansk (GDN) Poland, to Honolulu (HNL), Hawaii, USA.
The European Court of Justice assured that the airlines must pay up, unless the technical fault was due to “exceptional circumstances“ exclusively defined by the court, such as an act of terrorism or deliberate sabotage.
Further the compensation may be refused only, if the technical problems stem from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier, are beyond its actual control.
Both airlines in violation of Regulation (EC) No 261/2004, negligently abandoned the passengers. Both United Airlines as well as Lufthansa are jointly in contempt of the European Court of Justice. The final decision in Wallentin-Hermann case final verdict, was delivered in mid December of 2008.
The law requires that in situation like this airlines, not the passengers themselves, arranges reservation service as the replacement for cancelled flights, what was never offered or done. Both United Airlines as well Lufthansa not communicating with each other, are “Star Alliance“ members.
Over public announcement service we were informed to seek the hotel Steigenberger, and no one who is not familiar with the town could not locate them. We were only told where to go to the exit, nobody assisted us to find hotel shutlle bus-stop. We were running to and from seeking that bus stop. There was no any form of help to direct us in the right direction.
All Lufthansa did is to tell all passengers to call toll free number: [protected], to United Airlines located “somewhere“ in all center in the United States.
Consequently as many passengers were calling at the same time it was impossible to get to United Airlines employees, the phone were busy, the waiting time was tremendous, mobile (cellular) telephone bill as the consequence are enormous.
If someone was lucky and get connected after several hours of trying, than United told Lufthansa passengers, that have no records of any passengers booked as Lufthansa passengers, and in my cast I am not listed on United Airlines Flight UA 901 passengers list, only due to incompetence of airline employees causing counterproductive tremendous stress, aggravation and tremendous general confusion.
My flight was more than 3, 500 km and as the boarding was denied, I am entitled to the regulatory damage of not less than € 600, plus any and all the expenses on any consequent flights.
In addition should any airline flying from EU airports responsible for the delay or cancelation of the flight anywhere in the world, passengers are entitled to claim 4, 150 SDR (Special Drawing Right), which at the currency exchange rate was about 4, 897.00 €, equivalent of about 6, 300.00 U$, (the exchange rates needs to be prorated to actual currency exchange rates on the day of occurrence, December 27, 2008).
Both airlines after the incident caused only by airlines negligence, ground support mechanics damaged the winglet of the aircraft, negligently abandoned all passengers.
Incident was clearly preventable, was caused only as the result of not following by airline(s) personel mandatory operating safety procedures on the airport ground, tarmac, by ground support crews. The parties are governed by the binding contract and whenever a passenger purchases a ticket, he does so for a comfortable journey.
Travel time: As the travel took from 05:00 am Friday, December 27, 2008 Polish time, (06:00 pm Friday, December 26, 2008, Honolulu time) with the arrival (landing) at 11:55 am, Sunday, December 29, Polish time (Sunday, December 28, 2008 10:55 pm Honolulu time), with consequently lost luggage which was delivered at the local address, which I have received later at 4:00 am Honolulu Time, all time being sleepless. My entire hardly earned vacation were ruined by flight delay. That is almost 58 sleepless hours in transit or travel.
Compensation entitlement: Regulation 5 (EC) No 261/2004, European Court of Justice in Luxembourg: Case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008.
Justice agreed that any technical issues during aircraft maintenance don’t constitute “extraordinary circumstances” that would allow airlines to avoid paying passengers compensation for canceled flights.
In its judgment, the Fourth Chamber of the Court of Justice held:
“Extraordinary circumstances” was not defined in the 2004 Regulation, but the phrase was to be interpreted narrowly since article 5(3) constituted a derogation from the principle, indicated in recitals 1 and 2 of the preamble, of protection of consumers, in as much as cancellation of flights caused serious inconvenience to passengers.
In addition to denied boarding on flight of more than 3, 500 km, compensation of not less than € 600, I am entitled also to claim flight cancelation 4, 150.0 SDR (Special Drawing Right), of about 4, 897.00 €. I am also entitled to any and all incurred travel expenses, and any legal fees I should encounter.
Airlines failed to provide mandatory accommodations after flight cancellation. No notifications, no refreshments (until 18:00 - 6:00pm with first and quite late meal), no flight reservation service.
Travel expenses (reconstructed or estimated): Phone calls expenses related to notifying other party (long distance and rooming fees) about flight delay (air time on 2 mobile phones): lump sum of 20, 00 €. Reimbursement for the lunch at Frankurt Airport of 25, 00 € . Air time on my mobile phone for calling for seveal hours from Frankfurt to toll free number in United States lump sum of 25, 00 €. Refreshments at Frankfurt 20, 00 €. Entertainment at Frankfurt, while forced to spend night at hotel 50, 00 €. Meals while waiting at the San Francisco airport (per diem), lump sum of 35, 00 €, refreshments 20, 00 €. Taxi in Honolulu lump sum of 25, 00 € (I missed the free transpportation from Airport to residence). Refreshments and dinner in Honolulu (per diem) 50, 00 €. Recuperation from jet lag after the travel (5 days) at per diem rate of 500, 00 € per day.
Total claimed lump sump casual and ordinary out of pocket travel expenses are: 2, 9035.00 €.
Complaint preparation fees 250.00 €.
What was the air carrier’s reaction?
Lufthansa after classical stunt of denial of the compensability due to as alleged fraudulent claim “ unfortunate event was an unforeseeable, unexpected and exceptional accident“ and is now arogantly ignoring me, is NOT at all responding any more to any correspondance related to claim submitted via e-mail, or their website.
The communication with the airline is extremally difficult. Airline(s) has not informed passengers of their rights, neither has disclosed any proper procedures for submitting complaint, and such despite the demand were never disclosed to me, to properly communicate between the passengers and the carriers. Many passengers as foreign nationals were not proficient in german or english languages.
1. The flight was cancelled. Both United Airlines as well Lufthansa are Star Alliance members. Passengers were abandoned by both airlines.
2. All Lufthansa did was to provide passengers with the Toll Free number: [protected], of course to United Airlines located somewhere in the United States. No efforts were undertaken to accommodate the (non English speaking passengers). Many foreign travelers couldn't also not speak German. Many were Germans, who are not obliged to speaking English in their home country!.
3. Over public announcement service we were informed to seek the hotel Steigenberger. There was no any form of help to direct us in the right direction.
4. Passengers booked on United Flight under Lufthansa were told by United that they are not on passengers list. I learnt about it after my call to United Number [protected]. Only by jogging from Hotel to Airport, and between United and Lufthansa with substantial arguments the passengers were able to fight themselves for the reservations, on connecting flights.
5. The stress was building up as: Lufthansa persistently mislead all passengers claiming that it was United flight and reservations must be made with United Airlines by the passengers. United refused to accommodate Lufthansa passengers.
6. In case of cancelled flight the airline has the obligation to arrange the reservations for the passengers not the passengers themselves.
7. That is what the passengers are paying for to their travel agents. The Star Alliance members are required to settle their professional duties between themselves. Abandoning passengers in case like this raises to criminal negligence.
8. The Airline is responsible to accommodate the passengers in any way passengers may require, with no exception.
10. As it was impossible to connect with United as to many abandoned passengers were calling reservation office in the US.
11. Many people on that flight were even non English speaking people (Polish, German, French, Italians, Russians, etc.)
12. Shockingly passengers booked on this flight through exchange with Lufthansa, apparently according to United Airlines, were not on the list of the United Airlines.
13. No any form of assistance either by either Lufthansa or UNITED AIRLINES were ever offered to any passengers at Frankurt Airport. That is contrary to statments in the email. Passengers were abandoned, were forced to make their own travel arrangements, despite that they were not proficient in foreign to them language(s).
14. Considering that the damaged aircraft was Boeing 747 400 series, accommodating close to at whether they had made adequate arrangements for a substitute plane to be available. Typical seating capacity of Boeing 747- 400 series is 524 passengers. Instead of abandoning passengers after flight cancellation, carrier should immediately arrange for substitute plane through any available airline brokerage. Providing replacement booking for such a huge number of passengers on already booked flights was clearly mission impossible, arogant, unprofessional, ruthless and highly questionable regarding the airlines mission statement, its approach to passengers, and business. It well demonstrates how well the airline is organized and how really cares about its passengers.
Some passengers spent over 3 nervous days without the assistance of Lufthansa or United Airlines awaiting for the booking.
15. Neither of airlines have had a substitude stand by aircraft at any of the nearest European hubs.
Lufthansa deliberately and with malice misleads passengers, denies compensation in violation of the governing law(s) and in contempt of European Court of Justice rulling in Wallentin- Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), dated December 22, 2008.
Citations from Lufthansa written response to the request for compensation: ( customer.feedback.eu@lufthansa.com ) *(for full e-mail replies by Lufthansa, please see attachments (3) on the end of this complaint.
“Our partner United has informed us about the details surrounding the cancellation of your flight UA 901 on 27 December from Frankfurt to San Francisco. During the ground operations a towing truck accidentally hit the wing of the airplane thus causing the winglet to break off. As this unfortunate event was an unforeseeable, unexpected and exceptional accident, the airline cannot be held liable in this case.“
_________________________________________________________________________________
“We are sorry that you are not satisfied with our response. However, concerning the opinion of Lufthansa the judgement of the European Court does not mean that airlines are liable for cancellations due to technical reasons which are beyond their control - as in this case. Therefore we kindly ask for your understanding that we cannot offer any additional compensation.“ _________________________________________________________________________________
“Please be advised that this will be our final response to you in regard to this case. If you have any other questions or concerns not related to the current claim, we would be glad to assist you.“
_________________________________________________________________________________ “Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.“
Fabian Herrmann and Janine Seidel as the employees in charge, should be properly trained by the airline, knowledgeable about all mandatory legal requirements, helpful, and authorized to act in the best interest not only of carrier but first the passengers. Based on objective evidence and an intentional attempt to escape from liability, by any and all means, by writing targeted, predatory, purposly misleading counterproductive emails on behave of Lufthansa customer reations, resulted only in uncalled aggrevation, and substantial waste of time. Considering criminal behavior of those Lufthansa employees, who accepted on themselves to make the determination of compensability, while not authorised and qualified to do so, justify maximum sanctions of 25, 000 € to be imposed by this enforcement agency on Lufthansa.
All travel expanses are reconstructed, as it is impractical and impossible to keep exact accounting of petty cash, in many cases the receipts were lost or not provided.
Cost of living (COLA) in Honolulu, Hawaii, USA, is higher than in any other states. For tourist daily cost of surviving (hotel, meals, refreshments and entertainment) in Hawaii (per diem) is not less than estimated 500, 00 to 600, 00 U$ per person.
It is up to the carrier (LUFTHANSA) to make me now an offer that I can't refuse.
1 SDR *(Special Drawing Right) is worth about 1.18 €.
€1.00 is equal to about U$1.285.
Law and case references:
http://curia.europa.eu/en/actu/communiques/cp08/aff/cp080100en.pdf
http://www.icao.int/icao/en/leb/mtl99.pdf
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:046:0001:0007:EN:PDF
Consequences of flight cancellation and delay: Consequently after such extremely long travel (58 hors), I have been devastatingly exhausted and needed full week of time for after travel recovery from time change and jet lag, as due to nervous situation, I was unable to sleep either in the hotel and later on the airplane during the flight. I have been to tired to enjoy the New Year event in Honolulu, which we planned for several months before. Consequently I was than unable to travel as planed to Kuai, Maui, Molokai and Big Island of Hawaii, during my 3 weeks of vacation due to extreme exhaustion after such a long flight.
My vacation plans in Hawaii were substantially affected by the unplanned and uncalled change in flight schedule, as neither of the airlines have not timely provided a substitute plane from the nearest hub, what should be done with a minimum time delay. My vacation Plans as well as my companion arriving separately, were also totally ruined, as we were unable to enjoy either New Year, or other pre-planed trips, activities and / or business meetings.
Settlement: The amount of settlement to be paid is always subject to negotiations. I am requesting settlement as proposed below, saying so, under all special circumstances of this case, as explained above, I am submitting my non negotiable demands for compensation.
I am considering proposed below settlement terms as fair and just under any and all circumstances, in this case.
As my New Year vacation as the result of flight cancellation were totally ruined, in addition to compensation, and all out of pocket expenses as stated above, as a replacement for my totally ruined vacations, I am requesting fully paid round trip (for two) for the „4th of July“ in Hawaii, between June 27, 2009 to to July 19, 2009, with, with return booked for August 27, 2009, (subject to my approval). The trip should include at least 21 pre-paid nights (two bedrooms suite) in Waikoloa Hawaii resort on Big Island of Hawaii.
Hilton Waikoloa village in Hawaii web pages:
http://www.hiltonwaikoloavillage.com
The settlement I am seeking is travel for two value about U$ 5, 000 21 days Hilton Waikoloa accommodation for 2 in a 2 bedroom suite, value about 25, 000 U$ and than 5, 000 Euro cancellation compensation in compliance with Infringement of Article 5 of Regulation (EC) No 261/2004.
Reimbursement for lost income during 25 days of those vacation in the amount of U$ 15, 000 (self employed).
Lufthansa's response:
Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Thank you for your Email dated 19 January.
We are very sorry to learn about the irregularities and difficulties you experienced as a result of a flight cancellation on 27 December. For your inconvenience and your trouble we would like to apologise most sincerely to you.
As a matter of course we have already contacted our partner United Airlines and are currently researching the reasons for these unfortunate events. We kindly ask you for your patience during our handling process. We will contact you as soon as we have obtained more information.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's second e-mail (2) response:
Thank you for your patience during our handling process.
We are sorry that you feel you have to write in English. Of course you can also write to us in your native language.
Our partner United has informed us about the details surrounding the cancellation of your flight UA 901 on 27 December from Frankfurt to San Francisco. During the ground operations a towing truck accidentally hit the wing of the airplane thus causing the winglet to break off. As this unfortunate event was an unforeseeable, unexpected and exceptional accident, the airline cannot be held liable in this case.
As a matter of course we and our partner still offer care and assistance to our passengers in such a situation. We very much regret that you felt that the service provided was not up to the standard you have come to expect from us. Due to the large numbers of guests who require assistance it is not always possible to honour personal requests as much as we would like to. We kindly ask for your understanding in this matter.
The ground staff in Frankfurt offered all involved passengers hotel accommodation. All major hotels operate shuttle buses from the airport that are free of charge for hotel guests. Therefore no transportation voucher was issued to you.
Since this unpleasant chain of events was caused by an accident and our partner United has fulfilled the EU regulation by offering accommodation to you, no further compensation can be paid in this instance.
We are glad that you could continue your journey the next day on LH 456 and we hope that in spite of the irregularities you had a successful and pleasant trip and you will choose Lufthansa again in the near future.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's e-mail response:
Thank you for your Email.
We are sorry that you are not satisfied with our response. However, concerning the opinion of Lufthansa the judgement of the European Court does not mean that airlines are liable for cancellations due to technical reasons which are beyond their control - as in this case. Therefore we kindly ask for your understanding that we cannot offer any additional compensation.
Please be advised that this will be our final response to you in regard to this case. If you have any other questions or concerns not related to the current claim, we would be glad to assist you.
It is our hope that these events will not keep you from choosing Lufthansa again for your journeys.Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's e-mail response:
Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
Lufthansa Customer Relation:
Germany
Deutsche Lufthansa AG
Deutschland
Gütersloh
Zip Code33322
Fax+[protected]
Help all to FIGHT BACK those crooks:
E-mail Lufthansa CEO, and other employees, tell them what YOU think of that shoddy airlines:
wolfgang.mayrhuber@dlh.de, publicrelations@LHsystems.com, andreas.bierwirth@dlh.de, carl.sigel@dlh.de, carsten.spohr@dlh.de, holger.hätty@dlh.de, lufthansa.europe.uk.ie@dlh.de, stefan.lauer@dlh.de, hubert.frach@dlh.de, jurgen.weber@dlh.de,
I was surprised when I read this comment because I have suffered a similar situation in the airport of Manchester with Lufthansa on 13th of December of 2008.
I had bought a return ticket from Bilbao-Frankfurt-Manchester and I didn't have any problem in the Airport of Bilbao (Spain). When I was going to return to my country, I had excess of luggage and they didn't let me board. I was able to pay, but they didn't even let me do it! Even more, if I had taken part of my luggage to the hand-bag and I had checked two bags instead of one, surely I wouldn't have had any problem (the limit was 42 Kg. and I had 30 Kg.) because the rules had changed in this point in December, not in October, when I flew for first time. But I didn't know it and they didn't inform to me despite my requests asking for a solution. It was horrible. They didn't give me a solution and I saw my plane taking off... Incidentally, my ticket was expensive: about 300 Euros.
After, a girl from Luftahsa whose name was Ingrid called me from the Airport of Liverpool and she promised me that she was going to call me again after checking what had happened. But she didn't. I didn't expect that she was going to do it anyway.
Three days later, on Monday, I could fly with EasyJet from Liverpool to Barcelona and I didn't have any problem with my luggage.
It's the first and the last time that I fly with Lufthansa. There is no worse way to fly.
no complaint but happily surprised - do not know where to send this to
My mother, Gertrud Röhner, booking code 2NXZTQ and myself, Gisela Leroy, booking codeZCGYI5 were on flight LH4537 from Lisbonne to Frankfurt/Main on 24th June 2008. I think that not ONLY complaints should be made but outstanding behaviour and help should also be mentioned. Unfortunately, I could not find anything, where to send this to on the Lufthansa Internet site. Service on this flight was excellent, may be due to the fact that the plane was not very much occupied but nevertheless, the crew was more friendly and helpful to my mother who has difficulties walking than what we normally are used to (I have to mention that we fly this route frequently). Extra thanks should be extended to Messrs. Jens Heerlein and Nirupan Maheswaran who helped my mother on our arrival (she does need a wheelchair) to an unexpected extend. Just a pity that this cannot be forwarded directly to Lufthansa because they should award outstanding behaviour.
Thank you for helping to bring this matter to the relevant place.
Gisela Leroy
I have forgot my Camera bag containing 3 Digital cameras in the airplane I have boarded from USA to Frank furth on 17th Aug 2008 ( frank furth date) while gettingdown the plane. just with in 10 minutes of comming out i have recognised that i forgot my baggage and went back with lotsof hope to see that the doors of the plane were closed.
Immediately i have registered my complaint and now - i have lost them forever.
The mentality of Lufthansa officials is very cruel in thsi customer support aspect.
and the TRUST Worthyness of them is very very poor.
I know that the bag is there on my seat as i am the last passenger to get down the plane and still the officers could not help me get back my bag though I was there in Frankfurth for next 5 hours waiting to boarda connecting flight to Hyderabad.
Look aat the story below.
>Dear Mr.Kiran,
>
>Please find below the email from frankfurt lost and found department colleagues. We regret that my colleagues in frankfurt checked for the same. But, they advised that they didnot find any such baggage .
>
>Thanks and regards
>
>sapna
=======================================================================
>Subject: AW: RE: RE: lost baggage-complaint
>
>
>Dear Sapna,
>
>sorry but no such bag found with LH.
>
>Best regards
>
>Gaby Zieres
============================================================================
RE: lost baggage-complaint
>
>
>Dear Coll,
>
>Please find below more details about the case .
>
>thanks and regards
> sapna
=======================================================================
>To: THAKUR, SAPNA
>Subject: Re: RE: RE: lost baggage-complaint
>
>Sapna,
>
>I am really in a very pathatic situation.
>
>I know that I have forgotten my bag in the seat.
>
>I went back after ten minutes to the plane to found the doors were closed.
>
>I gave my complaint to the Lufthansa ticketing agent in the lobby and she has registered my compalaint at the Lost & found there.
>
>Definetly the plane would be cleaned before it flies back the same day.
>
>atlease one day later the status of the bag would have been known at lost and found counter there.
>
>Now after three days of my travel still i am unable to listen that it was seen or found ( atleast)
>
>It may take little more time to reach me, but i should atleast hear that it has been seen/found from you people.
>
>I never think that the employees are not "TRUST Worthy" I feel they are.
>
>Please let me know atleast the status ASAP.
>
>Regards,
>kiran
>
>On Wed, 20 Aug 2008 sapna.thakur@dlh.de wrote :
> >Dear Mr.Kiran,
> >
> >we are still tracing for the baggage once we get any information about
> >the baggage i will keep you updated .
> >
> >Thanks and regards
> >
> >sapna
=====================================================================
> >To: THAKUR, SAPNA
> >Subject: Re: RE: lost baggage-complaint
> >
> >
> >
==============================================================
> >Sapna,
> >
> >I am Anxious to see your mail about any information related to my bag.
> >
> >Please let em know the status.
> >
> >Regards,
> >kiran
> >
> ================================================================
> > >Dear Mr.Kiran,
> > >
> > >Thanks for your email. As you have given us the details about the
> > >baggage which you have left behind on LH443 detriot - frankfurt flight
> > >we will try to trace the baggage at the earliest and will revert back
> >to
> > >you . Please i also would like to inform you that Lufthansa will not be
> > >liable for any missing items from the baggage. Any further queries
> > >please call us on below number .
> > >
> > >
> > >Thanks and regards
> > >sapna
=================================================
> > >Sent: Monday, August 18, 2008 1:59 PM
> > >To: THAKUR, SAPNA
> > >Subject: lost baggage-complaint
================================================
> > >Dear sapna,
> > >
> > >i have lost a baggage during my flight from detroit to frankfurt dated
> > >16th aug 2008, flight number is lh 443.
> > >
> > >the details of the complaint are attached here with in a word document.
> > >
> > >request you please expidite the issue at the earliest.
> > >
> > >all relavent details are given in the attachment.
> > >
> > >regards,
> > >kiran
> > >[protected].
I cannot find a place on your web site for this but I feel I must express my pleasure when I travelled to Cairo from Bristol and return on 10/7/08 and 19/7/08 . I foun your staff extremely helpful and pleasant. The aircraft was comfortable and good leg room for an economy flight. I found the meals very good for airplane meals and the whole experience a pleasure. Frankfurt airport looked very organised.
Thank you
Carole Fitzsimons.
My flight nos were LH4963 10/7/08
LH 584 10/7/08
LH583 19/7/08
LH4964 19/7/08
customer dis-service
I am awaiting a response on a request for refund which was sent on the 5 March 2008. I am attaching a letter I sent to them today.
Dear Mr Mayrhuber
I would like for you to consider the following and let me know if you believe that this is good business practice and furthermore to follow up on my complaint and refund.
I flew from South Africa to Portugal via Frankfurt using Lufthansa. As I am sure the flight was not the best, but this is not what this e-mail is about. I was not going to utilise the return ticket and contacted my travel agent for a refund. The travel agent contacted Lufthansa in Porto, Portugal and was informed that I was to contact you directly.
Now the fun begins. The return flight was booked for the 17 March 2008, and I sent an e-mail on 5 March 2008 requesting my refund. I completed the tedious task of sending an online request for a refund on a ticket for the above date. Check your records from roughly 2 and a half months ago and you will find it. I hope it takes as long for you to find it as it has me trying to find the right place to send this complaint to. Don't say it was never received as I have an automated response with a reference number (1429778). To date I have not had a response to this e-mail. The response noted that "...and will start the processing immediately.", How long is immediately in your company?
After a further, I don't know how many, e-mails and phone calls, I got one response which was for further information. This was from a Robert who requested more details on 21 May 2008, which I sent immediately, that is on 21 May 2008 which is the same day that I received his e-mail, and I have not heard a word since. I sent a follow-up e-mail on 29 May 2008, and guess what. he has not responded. That was no surprise for me.
I would like to inform you that I have been in the service industry for more years than you wish to know and these are my observations of Lufthansa.
1. Make it as difficult as possible for the customer to contact you when there is a complaint. That way you wont get as many as you should.
2. Don't give out personal e-mail addresses. That way nobody can be held responsible.
3. Under no circumstances give out managers contact numbers. This is in fear of having to face the client in a one on one call.
4. Because of the demand for flights, make compliments easy and look after these customers. Don't worry about the complaints as there is another customer waiting in line.
5. If the customer waits long enough, the frustration will make them go away.
With this in mind, I hope you do not deal with this e-mail the way all my other e-mails have been dealt with.
The complaint has been investigated and resolved to the customer’s satisfaction.
I encourage every one to Boycott the worst world wide airline:
Lufthansa German shoddy predatory greedy Airline !
Let them as they are planning to do ... dream to acquire other airlines and to destroy the competition: Air Austria, Air Italy, LOT, Swiss Air.
Would you fly to be screwed, arrested and even jailed?
Only than Fly LUFTHANSA!
Lufthansa apparent Customer Service and Marketing Plan: Screw them!
LUFTHANSA CEO WOLFGANG MAYRHUBER Marketing Plan:
Hire the cheap incompetent idiots as stewardeses and ###s as captains, for your money they will help you to be arrested jailed and fined, just for supporting and flying on shoddy LUFTHANSA Airlines in old tradition of SS!
On February 10, 2009 the people of Poland were told and had the best proof how well the employees of LUFTHNSA are carring about passengers, when member of Polish parlament, candidate for polish Premier, Jan Maria Rokita on Lufthansa flight LH3336 first was assaulted by Lufthansa stewardess, than late after her racist behavior and fraudulent claim to aircraft captain, he and his wife were denied boarding and due to fraudulently claimed alleged “agressive behavior“ wrongfully arrested by evidently racist German police.
Lufthansa Airlines confirmed that on 10 of February, 2009, the passenger was escorted by the German authorities from the aircraft on flight LH3336 between Munich and Cracow.
Unfortunatelly the idiots from Lufthansa did not know the gentelman whom they assaulted, was11.07.1992 - 26.10.1993 Chief of the Office of the Council of Ministers, the potential Prime Minister of Poland, Member of Parliment, and his wife Nelly Rokita, who is the adviser of Polish President Lech Kaczynski, but the polish citizens know very well his always set back and restrained behavior. In 2003, Jan Maria Rokita was awarded “Man of the Year“ title, which is a very prestigious award.
That is the marketing act of the century!
Lufthansa latest Marketing slogan:
We hope that in spite of the irregularities you had a successful and pleasant trip and you will choose Lufthansa again in the near future.
Really?
I hope you will be soon out of business, you damn german crooks!
My best LUFTHANSA EXPERIENCE:
Canceled flight LH 9052 on trip to Honolulu, Hawaii:
Iterinary:
GDN LO 359, Saturday, December 27, 2008
FRA UA 901 / LH9052, Saturday, December 27, 2008
SFO UA 79 / LH9136 Saturday, December 27, 2008
HNL UA1036, Saturday, January 17, 2009
SFO UA 0906, Sunday, January 18, 2009
MUC LO 396 Sunday, January 18, 2009
Lufthansa knowingly abandoned the passengers, failed to inform them of their rights, than refused to pay mandatory cancellation compensation.
The governing laws:
● Regulation (EC) No 261/2004, being valid from February 17, 2005, establishing common rules on compensation and assistance to passengers in the event of of cancellation of flights. In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, and this definitively is not the case.
● European Court of Justice: case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008. The European Tribunal of Justice (EJC) on December 22, 2008, in Wallentin-Hermann case closed the loophole of always abused frivolous interpretations used by the airlines of “technical or extraordinary circumstances“, when further defined and limited the use of such defense. Finally the definition of “technical and / or extraordinary circumstances“ by the ECJ court now stands firm and solid. Any carrier must prove that the alleged mechanical problem leading to the cancellation was “beyond its actual control, ” the court affirmed in a statement.
Complaint:
In case of any flight cancellation for whatever reasons the airline(s) are required to provide passengers with:
• emergency flight booking, and an alternative transport to final destination, what was not at all done by either of the airlines.
Canceled was the segment (UA 901 / LH 9052) of my multiple segments flight, starting on December 27, 2008. The flight operator is United Airlines (UA 901) while the contractual booking carier is Lufthansa with flight number LH 9052.
My reservation was through Lufthansa airlines on Lufthansa flight LH9052, I am entitled to claim compensation from Lufthansa, the airline with which I have the contract, for breach of that contract.
The governing laws:
● Regulation (EC) No 261/2004, being valid from February 17, 2005, establishing common rules on compensation and assistance to passengers in the event of of cancellation of flights. In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, and this definitively is not the case.
● European Court of Justice: case Wallentin-Hermann v. Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008. The European Tribunal of Justice (EJC) on December 22, 2008, in Wallentin-Hermann case closed the loophole of always abused frivolous interpretations used by the airlines of “technical or extraordinary circumstances“, when further defined and limited the use of such defense. Finally the definition of “technical and / or extraordinary circumstances“ by the ECJ court now stands firm and solid. Any carrier must prove that the alleged mechanical problem leading to the cancellation was “beyond its actual control, ” the court affirmed in a statement.
Flight Cancellation (Article 5): Cancellation is the non-operation of a scheduled flight on which at least one place was reserved. From this, claims for compensation and assistance under Articles 7, 8 and 9 of the a.m. EC Regulation will arise (see summary in the attached table). Under extraordinary circumstances, the operating air carrier is partially or totally exempt from the obligations under the a.m. EC Regulation. Examples: Political instability, meteorological conditions incompatible with the operation of the flight, security risks, unexpected flight safety shortcomings, strikes, etc.
Disclosure:
The operating air carrier is obliged to comprehensively inform the passengers of this EC
Regulation. For this purpose a notice at check-in is required and in addition a written
description of the rules for compensation and assistance in the case of denied boarding,
cancellation or a delay of more than two hours is to be handed over to each passenger
concerned. At the same time the passengers shall be informed in writing of the responsible
body for complaints.
Derogating or restrictive clauses in the contract of carriage cannot limit or preclude the
contents of the Regulation.
Policy enforcement: The Luftfahrt-Bundesamt (LBA) is the competent authority for the implementation of Regulation (EC) No 261/2004 in Germany. Under this task the LBA analyses on the basis of the complaints the individual air carriers’ policies and causes the air carriers to eliminate systematic infringements of the EC Regulation. If necessary, sanctions will be imposed consisting of fines. The aim is to ensure proper implementation of the consumer protection regulation according to EC law in Germany and to reduce the causes for passenger complaints.
Rights to compensation : Under the following conditions, compensation or assistance according to the EC Regulation (Article 3) may be claimed:
1. The passenger is departing from a German airport or the passenger is departing from an airport in a third country, the arrival airport is a German airport and the operating air carrier is an air carrier licensed under the Council Regulation (EEC) No 2407/92.
2. The passenger has a confirmed reservation and presents himself/herself for check-in at
the time indicated in advance or if no time has been specified, not later than 45 minutes before the published time of departure or the passenger has been transferred by the air carrier or the tour operator from a booked flight to another flight and presents himself/herself for check-in at the time indicated in advance or, if no time has been specified, not later than 45 minutes before the published time of departure.
Determination of compensability: In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
The reasons leading to the flight cancellation shall be given in the form of the statements as requested in this form and shall be verified by appropriate documentation. LBA will resolve upon the acceptance of the statements on the basis of the information and documentation provided.
Information about the kind of documentation that is to be provided as means of proof is given in the note boxes coloured in grey (see below) in each section. If more than one complaint refers to the same flight, it is sufficient to fill out the just once. In this case, however, the LBA reference No of the complaints concerned shall be stated in section 3.
This form is to be signed in section 8 by the person acc to article 63d lit. 4 of Luftverkehrs-Zulassungs-Ordnung (German Air Navigation Certification Order) being the competent person for clearing and accepting complaints in your company.
Changes concerning this person and/or in the contact addresses are to be declared in writing to LBA without delay. If your company has not yet provided this information, the person and/or the contact address are to be announced in writing to LBA without further delay.
If one is refused entry to flight because of overbooking or find that your flight has been cancelled, the airline must hand you a leaflet explaining your rights and describing how much money one is entitled to. The rates are: ● Flights of 1, 500 km or less: € 250 ● Flights between 1, 500 km and 3, 500 km: € 400 ● Flights of more than 3, 500 km: € 600
It is up to enforcement agency LBA to determine if airline is obliged to pay compensation, not by Lufthansa customer service office clerks (Fabian Herrmann and Janine Seidel) or United customer relationship.
Airlines liability insurance minimum coverage: The law requires mandatory insurance for each airline against liability as follow: In accordance with Article 6 of the Regulation (EC) No 785/2004 and §§ 45-47 Luftverkehrsgesetz (Air Navigation Act) the minimum liability insurance cover in respect of passengers, baggage and cargo shall be as follows:
● 250.000 special drawing rights per passenger for bodily injury
● 4.150 special drawing rights per passenger for delayed carriage of passengers
● 1.000 special drawing rights per passenger for damage to baggage and delayed carriage of baggage ● 17 special drawing rights per kilogram for damage to cargoBoth, Lufthansa Airline or United Airline never handed to any of the passengers as required liflets and / or explaining customers rights.
Passengers rights enforcement:
The competency to deal with passengers complaint is with the national enforcement body where the flight - segment problem had its origin, and / or where the airline is domiciled.
Consequtly I have requested mandatory compensation from Lufthansa airline as the result of canceled one of the segments of my on round trip flight from Gdansk (GDN) Poland, to Honolulu (HNL), Hawaii, USA.
The European Court of Justice assured that the airlines must pay up, unless the technical fault was due to “exceptional circumstances“ exclusively defined by the court, such as an act of terrorism or deliberate sabotage.
Further the compensation may be refused only, if the technical problems stem from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier, are beyond its actual control.
Both airlines in violation of Regulation (EC) No 261/2004, negligently abandoned the passengers. Both United Airlines as well as Lufthansa are jointly in contempt of the European Court of Justice. The final decision in Wallentin-Hermann case final verdict, was delivered in mid December of 2008.
The law requires that in situation like this airlines, not the passengers themselves, arranges reservation service as the replacement for cancelled flights, what was never offered or done. Both United Airlines as well Lufthansa not communicating with each other, are “Star Alliance“ members.
Over public announcement service we were informed to seek the hotel Steigenberger, and no one who is not familiar with the town could not locate them. We were only told where to go to the exit, nobody assisted us to find hotel shutlle bus-stop. We were running to and from seeking that bus stop. There was no any form of help to direct us in the right direction.
All Lufthansa did is to tell all passengers to call toll free number: [protected], to United Airlines located “somewhere“ in all center in the United States.
Consequently as many passengers were calling at the same time it was impossible to get to United Airlines employees, the phone were busy, the waiting time was tremendous, mobile (cellular) telephone bill as the consequence are enormous.
If someone was lucky and get connected after several hours of trying, than United told Lufthansa passengers, that have no records of any passengers booked as Lufthansa passengers, and in my cast I am not listed on United Airlines Flight UA 901 passengers list, only due to incompetence of airline employees causing counterproductive tremendous stress, aggravation and tremendous general confusion.
My flight was more than 3, 500 km and as the boarding was denied, I am entitled to the regulatory damage of not less than € 600, plus any and all the expenses on any consequent flights.
In addition should any airline flying from EU airports responsible for the delay or cancelation of the flight anywhere in the world, passengers are entitled to claim 4, 150 SDR (Special Drawing Right), which at the currency exchange rate was about 4, 897.00 €, equivalent of about 6, 300.00 U$, (the exchange rates needs to be prorated to actual currency exchange rates on the day of occurrence, December 27, 2008).
Both airlines after the incident caused only by airlines negligence, ground support mechanics damaged the winglet of the aircraft, negligently abandoned all passengers.
Incident was clearly preventable, was caused only as the result of not following by airline(s) personel mandatory operating safety procedures on the airport ground, tarmac, by ground support crews. The parties are governed by the binding contract and whenever a passenger purchases a ticket, he does so for a comfortable journey.
Travel time: As the travel took from 05:00 am Friday, December 27, 2008 Polish time, (06:00 pm Friday, December 26, 2008, Honolulu time) with the arrival (landing) at 11:55 am, Sunday, December 29, Polish time (Sunday, December 28, 2008 10:55 pm Honolulu time), with consequently lost luggage which was delivered at the local address, which I have received later at 4:00 am Honolulu Time, all time being sleepless. My entire hardly earned vacation were ruined by flight delay. That is almost 58 sleepless hours in transit or travel.
Compensation entitlement: Regulation 5 (EC) No 261/2004, European Court of Justice in Luxembourg: Case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008.
Justice agreed that any technical issues during aircraft maintenance don’t constitute “extraordinary circumstances” that would allow airlines to avoid paying passengers compensation for canceled flights.
In its judgment, the Fourth Chamber of the Court of Justice held:
“Extraordinary circumstances” was not defined in the 2004 Regulation, but the phrase was to be interpreted narrowly since article 5(3) constituted a derogation from the principle, indicated in recitals 1 and 2 of the preamble, of protection of consumers, in as much as cancellation of flights caused serious inconvenience to passengers.
In addition to denied boarding on flight of more than 3, 500 km, compensation of not less than € 600, I am entitled also to claim flight cancelation 4, 150.0 SDR (Special Drawing Right), of about 4, 897.00 €. I am also entitled to any and all incurred travel expenses, and any legal fees I should encounter.
Airlines failed to provide mandatory accommodations after flight cancellation. No notifications, no refreshments (until 18:00 - 6:00pm with first and quite late meal), no flight reservation service.
Travel expenses (reconstructed or estimated): Phone calls expenses related to notifying other party (long distance and rooming fees) about flight delay (air time on 2 mobile phones): lump sum of 20, 00 €. Reimbursement for the lunch at Frankurt Airport of 25, 00 € . Air time on my mobile phone for calling for seveal hours from Frankfurt to toll free number in United States lump sum of 25, 00 €. Refreshments at Frankfurt 20, 00 €. Entertainment at Frankfurt, while forced to spend night at hotel 50, 00 €. Meals while waiting at the San Francisco airport (per diem), lump sum of 35, 00 €, refreshments 20, 00 €. Taxi in Honolulu lump sum of 25, 00 € (I missed the free transpportation from Airport to residence). Refreshments and dinner in Honolulu (per diem) 50, 00 €. Recuperation from jet lag after the travel (5 days) at per diem rate of 500, 00 € per day.
Total claimed lump sump casual and ordinary out of pocket travel expenses are: 2, 9035.00 €.
Complaint preparation fees 250.00 €.
What was the air carrier’s reaction?
Lufthansa after classical stunt of denial of the compensability due to as alleged fraudulent claim “ unfortunate event was an unforeseeable, unexpected and exceptional accident“ and is now arogantly ignoring me, is NOT at all responding any more to any correspondance related to claim submitted via e-mail, or their website.
The communication with the airline is extremally difficult. Airline(s) has not informed passengers of their rights, neither has disclosed any proper procedures for submitting complaint, and such despite the demand were never disclosed to me, to properly communicate between the passengers and the carriers. Many passengers as foreign nationals were not proficient in german or english languages.
1. The flight was cancelled. Both United Airlines as well Lufthansa are Star Alliance members. Passengers were abandoned by both airlines.
2. All Lufthansa did was to provide passengers with the Toll Free number: [protected], of course to United Airlines located somewhere in the United States. No efforts were undertaken to accommodate the (non English speaking passengers). Many foreign travelers couldn't also not speak German. Many were Germans, who are not obliged to speaking English in their home country!.
3. Over public announcement service we were informed to seek the hotel Steigenberger. There was no any form of help to direct us in the right direction.
4. Passengers booked on United Flight under Lufthansa were told by United that they are not on passengers list. I learnt about it after my call to United Number [protected]. Only by jogging from Hotel to Airport, and between United and Lufthansa with substantial arguments the passengers were able to fight themselves for the reservations, on connecting flights.
5. The stress was building up as: Lufthansa persistently mislead all passengers claiming that it was United flight and reservations must be made with United Airlines by the passengers. United refused to accommodate Lufthansa passengers.
6. In case of cancelled flight the airline has the obligation to arrange the reservations for the passengers not the passengers themselves.
7. That is what the passengers are paying for to their travel agents. The Star Alliance members are required to settle their professional duties between themselves. Abandoning passengers in case like this raises to criminal negligence.
8. The Airline is responsible to accommodate the passengers in any way passengers may require, with no exception.
10. As it was impossible to connect with United as to many abandoned passengers were calling reservation office in the US.
11. Many people on that flight were even non English speaking people (Polish, German, French, Italians, Russians, etc.)
12. Shockingly passengers booked on this flight through exchange with Lufthansa, apparently according to United Airlines, were not on the list of the United Airlines.
13. No any form of assistance either by either Lufthansa or UNITED AIRLINES were ever offered to any passengers at Frankurt Airport. That is contrary to statments in the email. Passengers were abandoned, were forced to make their own travel arrangements, despite that they were not proficient in foreign to them language(s).
14. Considering that the damaged aircraft was Boeing 747 400 series, accommodating close to at whether they had made adequate arrangements for a substitute plane to be available. Typical seating capacity of Boeing 747- 400 series is 524 passengers. Instead of abandoning passengers after flight cancellation, carrier should immediately arrange for substitute plane through any available airline brokerage. Providing replacement booking for such a huge number of passengers on already booked flights was clearly mission impossible, arogant, unprofessional, ruthless and highly questionable regarding the airlines mission statement, its approach to passengers, and business. It well demonstrates how well the airline is organized and how really cares about its passengers.
Some passengers spent over 3 nervous days without the assistance of Lufthansa or United Airlines awaiting for the booking.
15. Neither of airlines have had a substitude stand by aircraft at any of the nearest European hubs.
Lufthansa deliberately and with malice misleads passengers, denies compensation in violation of the governing law(s) and in contempt of European Court of Justice rulling in Wallentin- Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), dated December 22, 2008.
Citations from Lufthansa written response to the request for compensation: ( customer.feedback.eu@lufthansa.com ) *(for full e-mail replies by Lufthansa, please see attachments (3) on the end of this complaint.
“Our partner United has informed us about the details surrounding the cancellation of your flight UA 901 on 27 December from Frankfurt to San Francisco. During the ground operations a towing truck accidentally hit the wing of the airplane thus causing the winglet to break off. As this unfortunate event was an unforeseeable, unexpected and exceptional accident, the airline cannot be held liable in this case.“
_________________________________________________________________________________
“We are sorry that you are not satisfied with our response. However, concerning the opinion of Lufthansa the judgement of the European Court does not mean that airlines are liable for cancellations due to technical reasons which are beyond their control - as in this case. Therefore we kindly ask for your understanding that we cannot offer any additional compensation.“ _________________________________________________________________________________
“Please be advised that this will be our final response to you in regard to this case. If you have any other questions or concerns not related to the current claim, we would be glad to assist you.“
_________________________________________________________________________________ “Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.“
Fabian Herrmann and Janine Seidel as the employees in charge, should be properly trained by the airline, knowledgeable about all mandatory legal requirements, helpful, and authorized to act in the best interest not only of carrier but first the passengers. Based on objective evidence and an intentional attempt to escape from liability, by any and all means, by writing targeted, predatory, purposly misleading counterproductive emails on behave of Lufthansa customer reations, resulted only in uncalled aggrevation, and substantial waste of time. Considering criminal behavior of those Lufthansa employees, who accepted on themselves to make the determination of compensability, while not authorised and qualified to do so, justify maximum sanctions of 25, 000 € to be imposed by this enforcement agency on Lufthansa.
All travel expanses are reconstructed, as it is impractical and impossible to keep exact accounting of petty cash, in many cases the receipts were lost or not provided.
Cost of living (COLA) in Honolulu, Hawaii, USA, is higher than in any other states. For tourist daily cost of surviving (hotel, meals, refreshments and entertainment) in Hawaii (per diem) is not less than estimated 500, 00 to 600, 00 U$ per person.
It is up to the carrier (LUFTHANSA) to make me now an offer that I can't refuse.
1 SDR *(Special Drawing Right) is worth about 1.18 €.
€1.00 is equal to about U$1.285.
Law and case references:
http://curia.europa.eu/en/actu/communiques/cp08/aff/cp080100en.pdf
http://www.icao.int/icao/en/leb/mtl99.pdf
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:046:0001:0007:EN:PDF
Consequences of flight cancellation and delay: Consequently after such extremely long travel (58 hors), I have been devastatingly exhausted and needed full week of time for after travel recovery from time change and jet lag, as due to nervous situation, I was unable to sleep either in the hotel and later on the airplane during the flight. I have been to tired to enjoy the New Year event in Honolulu, which we planned for several months before. Consequently I was than unable to travel as planed to Kuai, Maui, Molokai and Big Island of Hawaii, during my 3 weeks of vacation due to extreme exhaustion after such a long flight.
My vacation plans in Hawaii were substantially affected by the unplanned and uncalled change in flight schedule, as neither of the airlines have not timely provided a substitute plane from the nearest hub, what should be done with a minimum time delay. My vacation Plans as well as my companion arriving separately, were also totally ruined, as we were unable to enjoy either New Year, or other pre-planed trips, activities and / or business meetings.
Settlement: The amount of settlement to be paid is always subject to negotiations. I am requesting settlement as proposed below, saying so, under all special circumstances of this case, as explained above, I am submitting my non negotiable demands for compensation.
I am considering proposed below settlement terms as fair and just under any and all circumstances, in this case.
As my New Year vacation as the result of flight cancellation were totally ruined, in addition to compensation, and all out of pocket expenses as stated above, as a replacement for my totally ruined vacations, I am requesting fully paid round trip (for two) for the „4th of July“ in Hawaii, between June 27, 2009 to to July 19, 2009, with, with return booked for August 27, 2009, (subject to my approval). The trip should include at least 21 pre-paid nights (two bedrooms suite) in Waikoloa Hawaii resort on Big Island of Hawaii.
Hilton Waikoloa village in Hawaii web pages:
http://www.hiltonwaikoloavillage.com
The settlement I am seeking is travel for two value about U$ 5, 000 21 days Hilton Waikoloa accommodation for 2 in a 2 bedroom suite, value about 25, 000 U$ and than 5, 000 Euro cancellation compensation in compliance with Infringement of Article 5 of Regulation (EC) No 261/2004.
Reimbursement for lost income during 25 days of those vacation in the amount of U$ 15, 000 (self employed).
Lufthansa's response:
Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Thank you for your Email dated 19 January.
We are very sorry to learn about the irregularities and difficulties you experienced as a result of a flight cancellation on 27 December. For your inconvenience and your trouble we would like to apologise most sincerely to you.
As a matter of course we have already contacted our partner United Airlines and are currently researching the reasons for these unfortunate events. We kindly ask you for your patience during our handling process. We will contact you as soon as we have obtained more information.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's second e-mail (2) response:
Thank you for your patience during our handling process.
We are sorry that you feel you have to write in English. Of course you can also write to us in your native language.
Our partner United has informed us about the details surrounding the cancellation of your flight UA 901 on 27 December from Frankfurt to San Francisco. During the ground operations a towing truck accidentally hit the wing of the airplane thus causing the winglet to break off. As this unfortunate event was an unforeseeable, unexpected and exceptional accident, the airline cannot be held liable in this case.
As a matter of course we and our partner still offer care and assistance to our passengers in such a situation. We very much regret that you felt that the service provided was not up to the standard you have come to expect from us. Due to the large numbers of guests who require assistance it is not always possible to honour personal requests as much as we would like to. We kindly ask for your understanding in this matter.
The ground staff in Frankfurt offered all involved passengers hotel accommodation. All major hotels operate shuttle buses from the airport that are free of charge for hotel guests. Therefore no transportation voucher was issued to you.
Since this unpleasant chain of events was caused by an accident and our partner United has fulfilled the EU regulation by offering accommodation to you, no further compensation can be paid in this instance.
We are glad that you could continue your journey the next day on LH 456 and we hope that in spite of the irregularities you had a successful and pleasant trip and you will choose Lufthansa again in the near future.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's e-mail response:
Thank you for your Email.
We are sorry that you are not satisfied with our response. However, concerning the opinion of Lufthansa the judgement of the European Court does not mean that airlines are liable for cancellations due to technical reasons which are beyond their control - as in this case. Therefore we kindly ask for your understanding that we cannot offer any additional compensation.
Please be advised that this will be our final response to you in regard to this case. If you have any other questions or concerns not related to the current claim, we would be glad to assist you.
It is our hope that these events will not keep you from choosing Lufthansa again for your journeys.Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's e-mail response:
Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
Lufthansa Customer Relation:
Germany
Deutsche Lufthansa AG
Deutschland
Gütersloh
Zip Code33322
Fax+[protected]
Help all to FIGHT BACK those crooks:
E-mail Lufthansa CEO, and other employees, tell them what YOU think of that shoddy airlines:
wolfgang.mayrhuber@dlh.de, publicrelations@LHsystems.com, andreas.bierwirth@dlh.de, carl.sigel@dlh.de, carsten.spohr@dlh.de, holger.hätty@dlh.de, lufthansa.europe.uk.ie@dlh.de, stefan.lauer@dlh.de, hubert.frach@dlh.de, jurgen.weber@dlh.de,
Hello!
My baggage has been loss and I did make report about it, I had been waiting 3 months now.Its unfair all my stuf has been loss if u dont help me out i am going to usude you, they tell me that they going to call me back but no body did . Its not like that how you gugs should traid your costumers.
disgraceful service and lost luggage and delays
Send all your Complaint problems to the following people for help :
Luciana Leybourne / Laura Pierce / Jessica Fawcett / Mary
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.[protected]@lufthansa.com
A l'attention de MR:YVES MPACKO REF:AHL CAI LH 18620. Bonjour, l'hors de mon voyage en EGYPTE (CAIRE)le 23 juin 2011, j'ai perdus mes bagages et j'ai réclamé par téléphone et m'ont demandé d'envoyer le faxe avec tout les affaires dans les valises (4 sacs) et biensure je l'ai fait et je n'ai reçus aucune réponse de votre part jusqu'a maintenant.dans l'attente de votre réponse, je vous envoie mes meilleurs salutation
lost items!
I was on board lufthansa's flight LH788 from hamburg to manila. After arriving Ninoy Aquino International Airport here in manila, i found out that my luggage was lost so i immediately filed a report at lufthansa. On the 20th of January, i still don't have and informations regarding the whereabouts of my luggage. One of the supervisor of lufthansa local office by the name of mr. fidel de la paz told me to fax him a list of items that were inside my luggage to facilitate the search for my luggage. I did what mr de la paz asked me to do. on the 23rd around 8:00pm local time, i was able to retrieve my luggage. upon arriving home, i checked my luggage and to my surprise. There are a couple of things went missing. my digital camera (two sets of sony cybershots), external hard disk drive (500GB) portable dvd player (hitachi). I was now trying to contact again mr de la paz but all the phones are busy.
Is there anybody that could help me retrieved those missing items or be compensated.
We arrived Las Vegas got home from the Philippines at the luggage security checked they opened our hand carry luggage and found some sharp item they told us that we can't carry those items and put it in our checked in bags...however i did not realized until i got home and found some of our items are missing such as clothes and shoes white skechers for ladies, 3 baby sandals, 2 black and red tennis shoes for kids and black shoes of my husband, dirty clothes of kids and shorts etc... that we put in SM blue plastic bags. We would like to know if anyone at the Ninoy Aquino Aiport picked it up. Please contact me or my brother Joel at [protected] or [protected]. Thank you
Please can you contact me or email me incase the person who stole my wallet in scanner area laguage gave it to missing itmes, I came from Abudhabi to your airport since i got my laguage emidaitily I looked to get my wallet from my bag but i realized it's soled by the person who scaned the bags,
I put only 20$ with my (important cards and ID, )
so incase the humble man put my wallet in missing items sections please inform me,
my flight number was by Etihad airlines flight number EY 5515 november 22 at 22:25
email al.ibai@hotmail.com
mobile number [protected]
They stole my wallet from laguage before I got it inside the airport but what makes me angry it's stolen by air police chicking laguage .
People hungry need to eat !
bad service and treatment!
I want to share my worst flight experience ever with you.for more then 10 years I travel world because of my job .On 19 th december we take your 13.55 pm flight by Lufthansa from Istanbul to Frankfurt’then connecting flight to New York at 17.00 pm. From beginning I was concerned about 1 hour transfer time (the flight schedule was arranged by local Lufthansa office)so I talked at least 2-3 times with local Lufthansa people about this but they were so convincing that there won`t be any problems.First shock was by learning on 19 th while waiting in istanbul that flight will be delayed for 40 min.Lufthansa flight was the only delayed flight on schedule table since morning. I called Lufthansa office in Turkey there was about half an hour to boarding time, they were not aware of any delay with the flight! Then we rushed to lounge to talk but nobody Lufthansa was there. Then boarding time announced Lufthansa attendants ll tell same story; we`ll compensate loss on air, Lufthansa people will help when we`ll arrive, if necessary plane to plane transport will be made to reach us etc. We departure with more then 1 hour delay. Arrival time was announced as 16.50 but still I was hopeful that Lufthansa will transfer us or find a solution which we were continuously advised by your staff. Just before landing they begin to announce door numbers etc. but despite fact that there were more than 25-30 people to New York nothing announced. After landing only Amsterdam passengers were transferred to their plane directly. I had great difficulty in understanding why while they can wait us in Istanbul for more then 1 hour as we came on time why we`re not transferred to plane and wait plane for half an hour latest, but I found answer next morning before our flight,we were being offered extra 600-700 euros to wait for next plane because there were 4 people overbooked, so it was not logical to wait plane while they were people on wait list ready to pay 3-4 times of our fees and to keep people by paying only 100 euros per night who cares, sweet money! We were shocked and depressed and furious,when we get on bus we quickly learned we were not alone there were many others effected.we get off bus and was at least waiting some ground people to take care (there are at least 25-30 people effected in different flights) but no one was there and we were left to own destiny. Then we go to ticketing desk by asking people. at least we were waiting some understanding and good treatment to ease our pain. But Lufthansa people were acting like this was very normal and as we made a mistake and being punished for that.there was no flight till next morning 10.00 am and big shock came as we don`t have German visa(normally you don`t need for flying to US) we had to spend 16 hours at airport! We were granted 35 euro per person with great generosity! I asked at least to ease our pain can`t they let us to use Lufthansa lounge answer was no. I can`t explain how terrible to spend 16 long and never ending hours at an airport like a prisoner and even without a bed to slip and sleeping at hard chairs of airport.Ticketing people at Lufthansa first told us to come later to take pillows and blankets but then told they run out. It was most terrible night and experience we lived ever and will never forget. The point disappointing and frustrating me is not the delay or not catching the plane but attitude of Lufthansa against us and not treating us well.Firstly I strongly believe there was still chance for plane transfer as we arrived before departure of plane. But biggest disappointment is why it was so difficult to attain a ground personnel to take care of this people and showing you care. We`ll form a group at face book with all people effected, then we`ll prepare a declaration and share with internet platforms and newspapers, also we`ll check our rights legally because you have no right to treat us in such bad way, make us spent 16 terrible hours at airport without an excuse and ruin our holiday.
Lufthansa latest Marketing slogan:
We hope that in spite of the irregularities you had a successful and pleasant trip and you will choose Lufthansa again in the near future.
Really?
I hope you will be soon out of business, you damn german crooks!
My best LUFTHANSA EXPERIENCE:
Canceled flight LH 9052 on trip to Honolulu, Hawaii:
Iterinary:
GDN LO 359, Saturday, December 27, 2008
FRA UA 901 / LH9052, Saturday, December 27, 2008
SFO UA 79 / LH9136 Saturday, December 27, 2008
HNL UA1036, Saturday, January 17, 2009
SFO UA 0906, Sunday, January 18, 2009
MUC LO 396 Sunday, January 18, 2009
Lufthansa knowingly abandoned the passengers, failed to inform them of their rights, than refused to pay mandatory cancellation compensation.
The governing laws:
● Regulation (EC) No 261/2004, being valid from February 17, 2005, establishing common rules on compensation and assistance to passengers in the event of of cancellation of flights. In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, and this definitively is not the case.
● European Court of Justice: case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008. The European Tribunal of Justice (EJC) on December 22, 2008, in Wallentin-Hermann case closed the loophole of always abused frivolous interpretations used by the airlines of “technical or extraordinary circumstances“, when further defined and limited the use of such defense. Finally the definition of “technical and / or extraordinary circumstances“ by the ECJ court now stands firm and solid. Any carrier must prove that the alleged mechanical problem leading to the cancellation was “beyond its actual control, ” the court affirmed in a statement.
Complaint:
In case of any flight cancellation for whatever reasons the airline(s) are required to provide passengers with:
• emergency flight booking, and an alternative transport to final destination, what was not at all done by either of the airlines.
Canceled was the segment (UA 901 / LH 9052) of my multiple segments flight, starting on December 27, 2008. The flight operator is United Airlines (UA 901) while the contractual booking carier is Lufthansa with flight number LH 9052.
My reservation was through Lufthansa airlines on Lufthansa flight LH9052, I am entitled to claim compensation from Lufthansa, the airline with which I have the contract, for breach of that contract.
The governing laws:
● Regulation (EC) No 261/2004, being valid from February 17, 2005, establishing common rules on compensation and assistance to passengers in the event of of cancellation of flights. In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, and this definitively is not the case.
● European Court of Justice: case Wallentin-Hermann v. Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008. The European Tribunal of Justice (EJC) on December 22, 2008, in Wallentin-Hermann case closed the loophole of always abused frivolous interpretations used by the airlines of “technical or extraordinary circumstances“, when further defined and limited the use of such defense. Finally the definition of “technical and / or extraordinary circumstances“ by the ECJ court now stands firm and solid. Any carrier must prove that the alleged mechanical problem leading to the cancellation was “beyond its actual control, ” the court affirmed in a statement.
Flight Cancellation (Article 5): Cancellation is the non-operation of a scheduled flight on which at least one place was reserved. From this, claims for compensation and assistance under Articles 7, 8 and 9 of the a.m. EC Regulation will arise (see summary in the attached table). Under extraordinary circumstances, the operating air carrier is partially or totally exempt from the obligations under the a.m. EC Regulation. Examples: Political instability, meteorological conditions incompatible with the operation of the flight, security risks, unexpected flight safety shortcomings, strikes, etc.
Disclosure:
The operating air carrier is obliged to comprehensively inform the passengers of this EC
Regulation. For this purpose a notice at check-in is required and in addition a written
description of the rules for compensation and assistance in the case of denied boarding,
cancellation or a delay of more than two hours is to be handed over to each passenger
concerned. At the same time the passengers shall be informed in writing of the responsible
body for complaints.
Derogating or restrictive clauses in the contract of carriage cannot limit or preclude the
contents of the Regulation.
Policy enforcement: The Luftfahrt-Bundesamt (LBA) is the competent authority for the implementation of Regulation (EC) No 261/2004 in Germany. Under this task the LBA analyses on the basis of the complaints the individual air carriers’ policies and causes the air carriers to eliminate systematic infringements of the EC Regulation. If necessary, sanctions will be imposed consisting of fines. The aim is to ensure proper implementation of the consumer protection regulation according to EC law in Germany and to reduce the causes for passenger complaints.
Rights to compensation : Under the following conditions, compensation or assistance according to the EC Regulation (Article 3) may be claimed:
1. The passenger is departing from a German airport or the passenger is departing from an airport in a third country, the arrival airport is a German airport and the operating air carrier is an air carrier licensed under the Council Regulation (EEC) No 2407/92.
2. The passenger has a confirmed reservation and presents himself/herself for check-in at
the time indicated in advance or if no time has been specified, not later than 45 minutes before the published time of departure or the passenger has been transferred by the air carrier or the tour operator from a booked flight to another flight and presents himself/herself for check-in at the time indicated in advance or, if no time has been specified, not later than 45 minutes before the published time of departure.
Determination of compensability: In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
The reasons leading to the flight cancellation shall be given in the form of the statements as requested in this form and shall be verified by appropriate documentation. LBA will resolve upon the acceptance of the statements on the basis of the information and documentation provided.
Information about the kind of documentation that is to be provided as means of proof is given in the note boxes coloured in grey (see below) in each section. If more than one complaint refers to the same flight, it is sufficient to fill out the just once. In this case, however, the LBA reference No of the complaints concerned shall be stated in section 3.
This form is to be signed in section 8 by the person acc to article 63d lit. 4 of Luftverkehrs-Zulassungs-Ordnung (German Air Navigation Certification Order) being the competent person for clearing and accepting complaints in your company.
Changes concerning this person and/or in the contact addresses are to be declared in writing to LBA without delay. If your company has not yet provided this information, the person and/or the contact address are to be announced in writing to LBA without further delay.
If one is refused entry to flight because of overbooking or find that your flight has been cancelled, the airline must hand you a leaflet explaining your rights and describing how much money one is entitled to. The rates are: ● Flights of 1, 500 km or less: € 250 ● Flights between 1, 500 km and 3, 500 km: € 400 ● Flights of more than 3, 500 km: € 600
It is up to enforcement agency LBA to determine if airline is obliged to pay compensation, not by Lufthansa customer service office clerks (Fabian Herrmann and Janine Seidel) or United customer relationship.
Airlines liability insurance minimum coverage: The law requires mandatory insurance for each airline against liability as follow: In accordance with Article 6 of the Regulation (EC) No 785/2004 and §§ 45-47 Luftverkehrsgesetz (Air Navigation Act) the minimum liability insurance cover in respect of passengers, baggage and cargo shall be as follows:
● 250.000 special drawing rights per passenger for bodily injury
● 4.150 special drawing rights per passenger for delayed carriage of passengers
● 1.000 special drawing rights per passenger for damage to baggage and delayed carriage of baggage ● 17 special drawing rights per kilogram for damage to cargoBoth, Lufthansa Airline or United Airline never handed to any of the passengers as required liflets and / or explaining customers rights.
Passengers rights enforcement:
The competency to deal with passengers complaint is with the national enforcement body where the flight - segment problem had its origin, and / or where the airline is domiciled.
Consequtly I have requested mandatory compensation from Lufthansa airline as the result of canceled one of the segments of my on round trip flight from Gdansk (GDN) Poland, to Honolulu (HNL), Hawaii, USA.
The European Court of Justice assured that the airlines must pay up, unless the technical fault was due to “exceptional circumstances“ exclusively defined by the court, such as an act of terrorism or deliberate sabotage.
Further the compensation may be refused only, if the technical problems stem from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier, are beyond its actual control.
Both airlines in violation of Regulation (EC) No 261/2004, negligently abandoned the passengers. Both United Airlines as well as Lufthansa are jointly in contempt of the European Court of Justice. The final decision in Wallentin-Hermann case final verdict, was delivered in mid December of 2008.
The law requires that in situation like this airlines, not the passengers themselves, arranges reservation service as the replacement for cancelled flights, what was never offered or done. Both United Airlines as well Lufthansa not communicating with each other, are “Star Alliance“ members.
Over public announcement service we were informed to seek the hotel Steigenberger, and no one who is not familiar with the town could not locate them. We were only told where to go to the exit, nobody assisted us to find hotel shutlle bus-stop. We were running to and from seeking that bus stop. There was no any form of help to direct us in the right direction.
All Lufthansa did is to tell all passengers to call toll free number: [protected], to United Airlines located “somewhere“ in all center in the United States.
Consequently as many passengers were calling at the same time it was impossible to get to United Airlines employees, the phone were busy, the waiting time was tremendous, mobile (cellular) telephone bill as the consequence are enormous.
If someone was lucky and get connected after several hours of trying, than United told Lufthansa passengers, that have no records of any passengers booked as Lufthansa passengers, and in my cast I am not listed on United Airlines Flight UA 901 passengers list, only due to incompetence of airline employees causing counterproductive tremendous stress, aggravation and tremendous general confusion.
My flight was more than 3, 500 km and as the boarding was denied, I am entitled to the regulatory damage of not less than € 600, plus any and all the expenses on any consequent flights.
In addition should any airline flying from EU airports responsible for the delay or cancelation of the flight anywhere in the world, passengers are entitled to claim 4, 150 SDR (Special Drawing Right), which at the currency exchange rate was about 4, 897.00 €, equivalent of about 6, 300.00 U$, (the exchange rates needs to be prorated to actual currency exchange rates on the day of occurrence, December 27, 2008).
Both airlines after the incident caused only by airlines negligence, ground support mechanics damaged the winglet of the aircraft, negligently abandoned all passengers.
Incident was clearly preventable, was caused only as the result of not following by airline(s) personel mandatory operating safety procedures on the airport ground, tarmac, by ground support crews. The parties are governed by the binding contract and whenever a passenger purchases a ticket, he does so for a comfortable journey.
Travel time: As the travel took from 05:00 am Friday, December 27, 2008 Polish time, (06:00 pm Friday, December 26, 2008, Honolulu time) with the arrival (landing) at 11:55 am, Sunday, December 29, Polish time (Sunday, December 28, 2008 10:55 pm Honolulu time), with consequently lost luggage which was delivered at the local address, which I have received later at 4:00 am Honolulu Time, all time being sleepless. My entire hardly earned vacation were ruined by flight delay. That is almost 58 sleepless hours in transit or travel.
Compensation entitlement: Regulation 5 (EC) No 261/2004, European Court of Justice in Luxembourg: Case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008.
Justice agreed that any technical issues during aircraft maintenance don’t constitute “extraordinary circumstances” that would allow airlines to avoid paying passengers compensation for canceled flights.
In its judgment, the Fourth Chamber of the Court of Justice held:
“Extraordinary circumstances” was not defined in the 2004 Regulation, but the phrase was to be interpreted narrowly since article 5(3) constituted a derogation from the principle, indicated in recitals 1 and 2 of the preamble, of protection of consumers, in as much as cancellation of flights caused serious inconvenience to passengers.
In addition to denied boarding on flight of more than 3, 500 km, compensation of not less than € 600, I am entitled also to claim flight cancelation 4, 150.0 SDR (Special Drawing Right), of about 4, 897.00 €. I am also entitled to any and all incurred travel expenses, and any legal fees I should encounter.
Airlines failed to provide mandatory accommodations after flight cancellation. No notifications, no refreshments (until 18:00 - 6:00pm with first and quite late meal), no flight reservation service.
Travel expenses (reconstructed or estimated): Phone calls expenses related to notifying other party (long distance and rooming fees) about flight delay (air time on 2 mobile phones): lump sum of 20, 00 €. Reimbursement for the lunch at Frankurt Airport of 25, 00 € . Air time on my mobile phone for calling for seveal hours from Frankfurt to toll free number in United States lump sum of 25, 00 €. Refreshments at Frankfurt 20, 00 €. Entertainment at Frankfurt, while forced to spend night at hotel 50, 00 €. Meals while waiting at the San Francisco airport (per diem), lump sum of 35, 00 €, refreshments 20, 00 €. Taxi in Honolulu lump sum of 25, 00 € (I missed the free transpportation from Airport to residence). Refreshments and dinner in Honolulu (per diem) 50, 00 €. Recuperation from jet lag after the travel (5 days) at per diem rate of 500, 00 € per day.
Total claimed lump sump casual and ordinary out of pocket travel expenses are: 2, 9035.00 €.
Complaint preparation fees 250.00 €.
What was the air carrier’s reaction?
Lufthansa after classical stunt of denial of the compensability due to as alleged fraudulent claim “ unfortunate event was an unforeseeable, unexpected and exceptional accident“ and is now arogantly ignoring me, is NOT at all responding any more to any correspondance related to claim submitted via e-mail, or their website.
The communication with the airline is extremally difficult. Airline(s) has not informed passengers of their rights, neither has disclosed any proper procedures for submitting complaint, and such despite the demand were never disclosed to me, to properly communicate between the passengers and the carriers. Many passengers as foreign nationals were not proficient in german or english languages.
1. The flight was cancelled. Both United Airlines as well Lufthansa are Star Alliance members. Passengers were abandoned by both airlines.
2. All Lufthansa did was to provide passengers with the Toll Free number: [protected], of course to United Airlines located somewhere in the United States. No efforts were undertaken to accommodate the (non English speaking passengers). Many foreign travelers couldn't also not speak German. Many were Germans, who are not obliged to speaking English in their home country!.
3. Over public announcement service we were informed to seek the hotel Steigenberger. There was no any form of help to direct us in the right direction.
4. Passengers booked on United Flight under Lufthansa were told by United that they are not on passengers list. I learnt about it after my call to United Number [protected]. Only by jogging from Hotel to Airport, and between United and Lufthansa with substantial arguments the passengers were able to fight themselves for the reservations, on connecting flights.
5. The stress was building up as: Lufthansa persistently mislead all passengers claiming that it was United flight and reservations must be made with United Airlines by the passengers. United refused to accommodate Lufthansa passengers.
6. In case of cancelled flight the airline has the obligation to arrange the reservations for the passengers not the passengers themselves.
7. That is what the passengers are paying for to their travel agents. The Star Alliance members are required to settle their professional duties between themselves. Abandoning passengers in case like this raises to criminal negligence.
8. The Airline is responsible to accommodate the passengers in any way passengers may require, with no exception.
10. As it was impossible to connect with United as to many abandoned passengers were calling reservation office in the US.
11. Many people on that flight were even non English speaking people (Polish, German, French, Italians, Russians, etc.)
12. Shockingly passengers booked on this flight through exchange with Lufthansa, apparently according to United Airlines, were not on the list of the United Airlines.
13. No any form of assistance either by either Lufthansa or UNITED AIRLINES were ever offered to any passengers at Frankurt Airport. That is contrary to statments in the email. Passengers were abandoned, were forced to make their own travel arrangements, despite that they were not proficient in foreign to them language(s).
14. Considering that the damaged aircraft was Boeing 747 400 series, accommodating close to at whether they had made adequate arrangements for a substitute plane to be available. Typical seating capacity of Boeing 747- 400 series is 524 passengers. Instead of abandoning passengers after flight cancellation, carrier should immediately arrange for substitute plane through any available airline brokerage. Providing replacement booking for such a huge number of passengers on already booked flights was clearly mission impossible, arogant, unprofessional, ruthless and highly questionable regarding the airlines mission statement, its approach to passengers, and business. It well demonstrates how well the airline is organized and how really cares about its passengers.
Some passengers spent over 3 nervous days without the assistance of Lufthansa or United Airlines awaiting for the booking.
15. Neither of airlines have had a substitude stand by aircraft at any of the nearest European hubs.
Lufthansa deliberately and with malice misleads passengers, denies compensation in violation of the governing law(s) and in contempt of European Court of Justice rulling in Wallentin- Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), dated December 22, 2008.
Citations from Lufthansa written response to the request for compensation: ( customer.feedback.eu@lufthansa.com ) *(for full e-mail replies by Lufthansa, please see attachments (3) on the end of this complaint.
“Our partner United has informed us about the details surrounding the cancellation of your flight UA 901 on 27 December from Frankfurt to San Francisco. During the ground operations a towing truck accidentally hit the wing of the airplane thus causing the winglet to break off. As this unfortunate event was an unforeseeable, unexpected and exceptional accident, the airline cannot be held liable in this case.“
_________________________________________________________________________________
“We are sorry that you are not satisfied with our response. However, concerning the opinion of Lufthansa the judgement of the European Court does not mean that airlines are liable for cancellations due to technical reasons which are beyond their control - as in this case. Therefore we kindly ask for your understanding that we cannot offer any additional compensation.“ _________________________________________________________________________________
“Please be advised that this will be our final response to you in regard to this case. If you have any other questions or concerns not related to the current claim, we would be glad to assist you.“
_________________________________________________________________________________ “Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.“
Fabian Herrmann and Janine Seidel as the employees in charge, should be properly trained by the airline, knowledgeable about all mandatory legal requirements, helpful, and authorized to act in the best interest not only of carrier but first the passengers. Based on objective evidence and an intentional attempt to escape from liability, by any and all means, by writing targeted, predatory, purposly misleading counterproductive emails on behave of Lufthansa customer reations, resulted only in uncalled aggrevation, and substantial waste of time. Considering criminal behavior of those Lufthansa employees, who accepted on themselves to make the determination of compensability, while not authorised and qualified to do so, justify maximum sanctions of 25, 000 € to be imposed by this enforcement agency on Lufthansa.
All travel expanses are reconstructed, as it is impractical and impossible to keep exact accounting of petty cash, in many cases the receipts were lost or not provided.
Cost of living (COLA) in Honolulu, Hawaii, USA, is higher than in any other states. For tourist daily cost of surviving (hotel, meals, refreshments and entertainment) in Hawaii (per diem) is not less than estimated 500, 00 to 600, 00 U$ per person.
It is up to the carrier (LUFTHANSA) to make me now an offer that I can't refuse.
1 SDR *(Special Drawing Right) is worth about 1.18 €.
€1.00 is equal to about U$1.285.
Law and case references:
http://curia.europa.eu/en/actu/communiques/cp08/aff/cp080100en.pdf
http://www.icao.int/icao/en/leb/mtl99.pdf
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:046:0001:0007:EN:PDF
Consequences of flight cancellation and delay: Consequently after such extremely long travel (58 hors), I have been devastatingly exhausted and needed full week of time for after travel recovery from time change and jet lag, as due to nervous situation, I was unable to sleep either in the hotel and later on the airplane during the flight. I have been to tired to enjoy the New Year event in Honolulu, which we planned for several months before. Consequently I was than unable to travel as planed to Kuai, Maui, Molokai and Big Island of Hawaii, during my 3 weeks of vacation due to extreme exhaustion after such a long flight.
My vacation plans in Hawaii were substantially affected by the unplanned and uncalled change in flight schedule, as neither of the airlines have not timely provided a substitute plane from the nearest hub, what should be done with a minimum time delay. My vacation Plans as well as my companion arriving separately, were also totally ruined, as we were unable to enjoy either New Year, or other pre-planed trips, activities and / or business meetings.
Settlement: The amount of settlement to be paid is always subject to negotiations. I am requesting settlement as proposed below, saying so, under all special circumstances of this case, as explained above, I am submitting my non negotiable demands for compensation.
I am considering proposed below settlement terms as fair and just under any and all circumstances, in this case.
As my New Year vacation as the result of flight cancellation were totally ruined, in addition to compensation, and all out of pocket expenses as stated above, as a replacement for my totally ruined vacations, I am requesting fully paid round trip (for two) for the „4th of July“ in Hawaii, between June 27, 2009 to to July 19, 2009, with, with return booked for August 27, 2009, (subject to my approval). The trip should include at least 21 pre-paid nights (two bedrooms suite) in Waikoloa Hawaii resort on Big Island of Hawaii.
Hilton Waikoloa village in Hawaii web pages:
http://www.hiltonwaikoloavillage.com
The settlement I am seeking is travel for two value about U$ 5, 000 21 days Hilton Waikoloa accommodation for 2 in a 2 bedroom suite, value about 25, 000 U$ and than 5, 000 Euro cancellation compensation in compliance with Infringement of Article 5 of Regulation (EC) No 261/2004.
Reimbursement for lost income during 25 days of those vacation in the amount of U$ 15, 000 (self employed).
Lufthansa's response:
Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Thank you for your Email dated 19 January.
We are very sorry to learn about the irregularities and difficulties you experienced as a result of a flight cancellation on 27 December. For your inconvenience and your trouble we would like to apologise most sincerely to you.
As a matter of course we have already contacted our partner United Airlines and are currently researching the reasons for these unfortunate events. We kindly ask you for your patience during our handling process. We will contact you as soon as we have obtained more information.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's second e-mail (2) response:
Thank you for your patience during our handling process.
We are sorry that you feel you have to write in English. Of course you can also write to us in your native language.
Our partner United has informed us about the details surrounding the cancellation of your flight UA 901 on 27 December from Frankfurt to San Francisco. During the ground operations a towing truck accidentally hit the wing of the airplane thus causing the winglet to break off. As this unfortunate event was an unforeseeable, unexpected and exceptional accident, the airline cannot be held liable in this case.
As a matter of course we and our partner still offer care and assistance to our passengers in such a situation. We very much regret that you felt that the service provided was not up to the standard you have come to expect from us. Due to the large numbers of guests who require assistance it is not always possible to honour personal requests as much as we would like to. We kindly ask for your understanding in this matter.
The ground staff in Frankfurt offered all involved passengers hotel accommodation. All major hotels operate shuttle buses from the airport that are free of charge for hotel guests. Therefore no transportation voucher was issued to you.
Since this unpleasant chain of events was caused by an accident and our partner United has fulfilled the EU regulation by offering accommodation to you, no further compensation can be paid in this instance.
We are glad that you could continue your journey the next day on LH 456 and we hope that in spite of the irregularities you had a successful and pleasant trip and you will choose Lufthansa again in the near future.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's e-mail response:
Thank you for your Email.
We are sorry that you are not satisfied with our response. However, concerning the opinion of Lufthansa the judgement of the European Court does not mean that airlines are liable for cancellations due to technical reasons which are beyond their control - as in this case. Therefore we kindly ask for your understanding that we cannot offer any additional compensation.
Please be advised that this will be our final response to you in regard to this case. If you have any other questions or concerns not related to the current claim, we would be glad to assist you.
It is our hope that these events will not keep you from choosing Lufthansa again for your journeys.Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's e-mail response:
Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
Lufthansa Customer Relation:
Germany
Deutsche Lufthansa AG
Deutschland
Gütersloh
Zip Code33322
Fax+[protected]
Help all to FIGHT BACK those crooks:
E-mail Lufthansa CEO, and other employees, tell them what YOU think of that shoddy airlines:
wolfgang.mayrhuber@dlh.de, publicrelations@LHsystems.com, andreas.bierwirth@dlh.de, carl.sigel@dlh.de, carsten.spohr@dlh.de, holger.hätty@dlh.de, lufthansa.europe.uk.ie@dlh.de, stefan.lauer@dlh.de, hubert.frach@dlh.de, jurgen.weber@dlh.de,
lufthansa capitalizing on a cancer patient!
I have not expected from Lufthansa to act in a very inappropriate manner toward the people that need medical attention. My mother is a cancer survivor, and when she was purchasing tickets overseas, she was assured that there WILL BE NO EXTRA CHARGE for changing return date if it is due to the medical condition. She spend last 10 days in the bed, and I tried to change the ticket to the earlier flight, but the rudeness and the difficulty I have encountered were beyond what one can expect. Even though, the tickets we found we way in the future, (almost 4 weeks) in advance, Lufthansa did not want to change those without the charge. Later they explained that THE SYSTEM IS SET UP THAT WAY. "That way" means that they will take the payment and then you can ask for refund. Then they only have one FAX MACHINE for faxing your request, NO PHONE NUMBERS, NO REFERENCE NUMBERS,... so that you can not check if your request is received, is worked on, who is responsible. This is unheard of. I will make sure that i file complaints with all governmental bodies to get to the bottom of this.
THIS IS NOT HOW YOU SHOULD TREAT A CUSTOMER WHO IS A CANCER PATIENT!
Son of the passenger,
Michael Stanic
Lufthansa latest Marketing slogan:
We hope that in spite of the irregularities you had a successful and pleasant trip and you will choose Lufthansa again in the near future.
Really?
I hope you will be soon out of business, you damn german crooks!
My best LUFTHANSA EXPERIENCE:
Canceled flight LH 9052 on trip to Honolulu, Hawaii:
Iterinary:
GDN LO 359, Saturday, December 27, 2008
FRA UA 901 / LH9052, Saturday, December 27, 2008
SFO UA 79 / LH9136 Saturday, December 27, 2008
HNL UA1036, Saturday, January 17, 2009
SFO UA 0906, Sunday, January 18, 2009
MUC LO 396 Sunday, January 18, 2009
Lufthansa knowingly abandoned the passengers, failed to inform them of their rights, than refused to pay mandatory cancellation compensation.
The governing laws:
● Regulation (EC) No 261/2004, being valid from February 17, 2005, establishing common rules on compensation and assistance to passengers in the event of of cancellation of flights. In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, and this definitively is not the case.
● European Court of Justice: case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008. The European Tribunal of Justice (EJC) on December 22, 2008, in Wallentin-Hermann case closed the loophole of always abused frivolous interpretations used by the airlines of “technical or extraordinary circumstances“, when further defined and limited the use of such defense. Finally the definition of “technical and / or extraordinary circumstances“ by the ECJ court now stands firm and solid. Any carrier must prove that the alleged mechanical problem leading to the cancellation was “beyond its actual control, ” the court affirmed in a statement.
Complaint:
In case of any flight cancellation for whatever reasons the airline(s) are required to provide passengers with:
• emergency flight booking, and an alternative transport to final destination, what was not at all done by either of the airlines.
Canceled was the segment (UA 901 / LH 9052) of my multiple segments flight, starting on December 27, 2008. The flight operator is United Airlines (UA 901) while the contractual booking carier is Lufthansa with flight number LH 9052.
My reservation was through Lufthansa airlines on Lufthansa flight LH9052, I am entitled to claim compensation from Lufthansa, the airline with which I have the contract, for breach of that contract.
The governing laws:
● Regulation (EC) No 261/2004, being valid from February 17, 2005, establishing common rules on compensation and assistance to passengers in the event of of cancellation of flights. In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, and this definitively is not the case.
● European Court of Justice: case Wallentin-Hermann v. Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008. The European Tribunal of Justice (EJC) on December 22, 2008, in Wallentin-Hermann case closed the loophole of always abused frivolous interpretations used by the airlines of “technical or extraordinary circumstances“, when further defined and limited the use of such defense. Finally the definition of “technical and / or extraordinary circumstances“ by the ECJ court now stands firm and solid. Any carrier must prove that the alleged mechanical problem leading to the cancellation was “beyond its actual control, ” the court affirmed in a statement.
Flight Cancellation (Article 5): Cancellation is the non-operation of a scheduled flight on which at least one place was reserved. From this, claims for compensation and assistance under Articles 7, 8 and 9 of the a.m. EC Regulation will arise (see summary in the attached table). Under extraordinary circumstances, the operating air carrier is partially or totally exempt from the obligations under the a.m. EC Regulation. Examples: Political instability, meteorological conditions incompatible with the operation of the flight, security risks, unexpected flight safety shortcomings, strikes, etc.
Disclosure:
The operating air carrier is obliged to comprehensively inform the passengers of this EC
Regulation. For this purpose a notice at check-in is required and in addition a written
description of the rules for compensation and assistance in the case of denied boarding,
cancellation or a delay of more than two hours is to be handed over to each passenger
concerned. At the same time the passengers shall be informed in writing of the responsible
body for complaints.
Derogating or restrictive clauses in the contract of carriage cannot limit or preclude the
contents of the Regulation.
Policy enforcement: The Luftfahrt-Bundesamt (LBA) is the competent authority for the implementation of Regulation (EC) No 261/2004 in Germany. Under this task the LBA analyses on the basis of the complaints the individual air carriers’ policies and causes the air carriers to eliminate systematic infringements of the EC Regulation. If necessary, sanctions will be imposed consisting of fines. The aim is to ensure proper implementation of the consumer protection regulation according to EC law in Germany and to reduce the causes for passenger complaints.
Rights to compensation : Under the following conditions, compensation or assistance according to the EC Regulation (Article 3) may be claimed:
1. The passenger is departing from a German airport or the passenger is departing from an airport in a third country, the arrival airport is a German airport and the operating air carrier is an air carrier licensed under the Council Regulation (EEC) No 2407/92.
2. The passenger has a confirmed reservation and presents himself/herself for check-in at
the time indicated in advance or if no time has been specified, not later than 45 minutes before the published time of departure or the passenger has been transferred by the air carrier or the tour operator from a booked flight to another flight and presents himself/herself for check-in at the time indicated in advance or, if no time has been specified, not later than 45 minutes before the published time of departure.
Determination of compensability: In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
The reasons leading to the flight cancellation shall be given in the form of the statements as requested in this form and shall be verified by appropriate documentation. LBA will resolve upon the acceptance of the statements on the basis of the information and documentation provided.
Information about the kind of documentation that is to be provided as means of proof is given in the note boxes coloured in grey (see below) in each section. If more than one complaint refers to the same flight, it is sufficient to fill out the just once. In this case, however, the LBA reference No of the complaints concerned shall be stated in section 3.
This form is to be signed in section 8 by the person acc to article 63d lit. 4 of Luftverkehrs-Zulassungs-Ordnung (German Air Navigation Certification Order) being the competent person for clearing and accepting complaints in your company.
Changes concerning this person and/or in the contact addresses are to be declared in writing to LBA without delay. If your company has not yet provided this information, the person and/or the contact address are to be announced in writing to LBA without further delay.
If one is refused entry to flight because of overbooking or find that your flight has been cancelled, the airline must hand you a leaflet explaining your rights and describing how much money one is entitled to. The rates are: ● Flights of 1, 500 km or less: € 250 ● Flights between 1, 500 km and 3, 500 km: € 400 ● Flights of more than 3, 500 km: € 600
It is up to enforcement agency LBA to determine if airline is obliged to pay compensation, not by Lufthansa customer service office clerks (Fabian Herrmann and Janine Seidel) or United customer relationship.
Airlines liability insurance minimum coverage: The law requires mandatory insurance for each airline against liability as follow: In accordance with Article 6 of the Regulation (EC) No 785/2004 and §§ 45-47 Luftverkehrsgesetz (Air Navigation Act) the minimum liability insurance cover in respect of passengers, baggage and cargo shall be as follows:
● 250.000 special drawing rights per passenger for bodily injury
● 4.150 special drawing rights per passenger for delayed carriage of passengers
● 1.000 special drawing rights per passenger for damage to baggage and delayed carriage of baggage ● 17 special drawing rights per kilogram for damage to cargoBoth, Lufthansa Airline or United Airline never handed to any of the passengers as required liflets and / or explaining customers rights.
Passengers rights enforcement:
The competency to deal with passengers complaint is with the national enforcement body where the flight - segment problem had its origin, and / or where the airline is domiciled.
Consequtly I have requested mandatory compensation from Lufthansa airline as the result of canceled one of the segments of my on round trip flight from Gdansk (GDN) Poland, to Honolulu (HNL), Hawaii, USA.
The European Court of Justice assured that the airlines must pay up, unless the technical fault was due to “exceptional circumstances“ exclusively defined by the court, such as an act of terrorism or deliberate sabotage.
Further the compensation may be refused only, if the technical problems stem from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier, are beyond its actual control.
Both airlines in violation of Regulation (EC) No 261/2004, negligently abandoned the passengers. Both United Airlines as well as Lufthansa are jointly in contempt of the European Court of Justice. The final decision in Wallentin-Hermann case final verdict, was delivered in mid December of 2008.
The law requires that in situation like this airlines, not the passengers themselves, arranges reservation service as the replacement for cancelled flights, what was never offered or done. Both United Airlines as well Lufthansa not communicating with each other, are “Star Alliance“ members.
Over public announcement service we were informed to seek the hotel Steigenberger, and no one who is not familiar with the town could not locate them. We were only told where to go to the exit, nobody assisted us to find hotel shutlle bus-stop. We were running to and from seeking that bus stop. There was no any form of help to direct us in the right direction.
All Lufthansa did is to tell all passengers to call toll free number: [protected], to United Airlines located “somewhere“ in all center in the United States.
Consequently as many passengers were calling at the same time it was impossible to get to United Airlines employees, the phone were busy, the waiting time was tremendous, mobile (cellular) telephone bill as the consequence are enormous.
If someone was lucky and get connected after several hours of trying, than United told Lufthansa passengers, that have no records of any passengers booked as Lufthansa passengers, and in my cast I am not listed on United Airlines Flight UA 901 passengers list, only due to incompetence of airline employees causing counterproductive tremendous stress, aggravation and tremendous general confusion.
My flight was more than 3, 500 km and as the boarding was denied, I am entitled to the regulatory damage of not less than € 600, plus any and all the expenses on any consequent flights.
In addition should any airline flying from EU airports responsible for the delay or cancelation of the flight anywhere in the world, passengers are entitled to claim 4, 150 SDR (Special Drawing Right), which at the currency exchange rate was about 4, 897.00 €, equivalent of about 6, 300.00 U$, (the exchange rates needs to be prorated to actual currency exchange rates on the day of occurrence, December 27, 2008).
Both airlines after the incident caused only by airlines negligence, ground support mechanics damaged the winglet of the aircraft, negligently abandoned all passengers.
Incident was clearly preventable, was caused only as the result of not following by airline(s) personel mandatory operating safety procedures on the airport ground, tarmac, by ground support crews. The parties are governed by the binding contract and whenever a passenger purchases a ticket, he does so for a comfortable journey.
Travel time: As the travel took from 05:00 am Friday, December 27, 2008 Polish time, (06:00 pm Friday, December 26, 2008, Honolulu time) with the arrival (landing) at 11:55 am, Sunday, December 29, Polish time (Sunday, December 28, 2008 10:55 pm Honolulu time), with consequently lost luggage which was delivered at the local address, which I have received later at 4:00 am Honolulu Time, all time being sleepless. My entire hardly earned vacation were ruined by flight delay. That is almost 58 sleepless hours in transit or travel.
Compensation entitlement: Regulation 5 (EC) No 261/2004, European Court of Justice in Luxembourg: Case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008.
Justice agreed that any technical issues during aircraft maintenance don’t constitute “extraordinary circumstances” that would allow airlines to avoid paying passengers compensation for canceled flights.
In its judgment, the Fourth Chamber of the Court of Justice held:
“Extraordinary circumstances” was not defined in the 2004 Regulation, but the phrase was to be interpreted narrowly since article 5(3) constituted a derogation from the principle, indicated in recitals 1 and 2 of the preamble, of protection of consumers, in as much as cancellation of flights caused serious inconvenience to passengers.
In addition to denied boarding on flight of more than 3, 500 km, compensation of not less than € 600, I am entitled also to claim flight cancelation 4, 150.0 SDR (Special Drawing Right), of about 4, 897.00 €. I am also entitled to any and all incurred travel expenses, and any legal fees I should encounter.
Airlines failed to provide mandatory accommodations after flight cancellation. No notifications, no refreshments (until 18:00 - 6:00pm with first and quite late meal), no flight reservation service.
Travel expenses (reconstructed or estimated): Phone calls expenses related to notifying other party (long distance and rooming fees) about flight delay (air time on 2 mobile phones): lump sum of 20, 00 €. Reimbursement for the lunch at Frankurt Airport of 25, 00 € . Air time on my mobile phone for calling for seveal hours from Frankfurt to toll free number in United States lump sum of 25, 00 €. Refreshments at Frankfurt 20, 00 €. Entertainment at Frankfurt, while forced to spend night at hotel 50, 00 €. Meals while waiting at the San Francisco airport (per diem), lump sum of 35, 00 €, refreshments 20, 00 €. Taxi in Honolulu lump sum of 25, 00 € (I missed the free transpportation from Airport to residence). Refreshments and dinner in Honolulu (per diem) 50, 00 €. Recuperation from jet lag after the travel (5 days) at per diem rate of 500, 00 € per day.
Total claimed lump sump casual and ordinary out of pocket travel expenses are: 2, 9035.00 €.
Complaint preparation fees 250.00 €.
What was the air carrier’s reaction?
Lufthansa after classical stunt of denial of the compensability due to as alleged fraudulent claim “ unfortunate event was an unforeseeable, unexpected and exceptional accident“ and is now arogantly ignoring me, is NOT at all responding any more to any correspondance related to claim submitted via e-mail, or their website.
The communication with the airline is extremally difficult. Airline(s) has not informed passengers of their rights, neither has disclosed any proper procedures for submitting complaint, and such despite the demand were never disclosed to me, to properly communicate between the passengers and the carriers. Many passengers as foreign nationals were not proficient in german or english languages.
1. The flight was cancelled. Both United Airlines as well Lufthansa are Star Alliance members. Passengers were abandoned by both airlines.
2. All Lufthansa did was to provide passengers with the Toll Free number: [protected], of course to United Airlines located somewhere in the United States. No efforts were undertaken to accommodate the (non English speaking passengers). Many foreign travelers couldn't also not speak German. Many were Germans, who are not obliged to speaking English in their home country!.
3. Over public announcement service we were informed to seek the hotel Steigenberger. There was no any form of help to direct us in the right direction.
4. Passengers booked on United Flight under Lufthansa were told by United that they are not on passengers list. I learnt about it after my call to United Number [protected]. Only by jogging from Hotel to Airport, and between United and Lufthansa with substantial arguments the passengers were able to fight themselves for the reservations, on connecting flights.
5. The stress was building up as: Lufthansa persistently mislead all passengers claiming that it was United flight and reservations must be made with United Airlines by the passengers. United refused to accommodate Lufthansa passengers.
6. In case of cancelled flight the airline has the obligation to arrange the reservations for the passengers not the passengers themselves.
7. That is what the passengers are paying for to their travel agents. The Star Alliance members are required to settle their professional duties between themselves. Abandoning passengers in case like this raises to criminal negligence.
8. The Airline is responsible to accommodate the passengers in any way passengers may require, with no exception.
10. As it was impossible to connect with United as to many abandoned passengers were calling reservation office in the US.
11. Many people on that flight were even non English speaking people (Polish, German, French, Italians, Russians, etc.)
12. Shockingly passengers booked on this flight through exchange with Lufthansa, apparently according to United Airlines, were not on the list of the United Airlines.
13. No any form of assistance either by either Lufthansa or UNITED AIRLINES were ever offered to any passengers at Frankurt Airport. That is contrary to statments in the email. Passengers were abandoned, were forced to make their own travel arrangements, despite that they were not proficient in foreign to them language(s).
14. Considering that the damaged aircraft was Boeing 747 400 series, accommodating close to at whether they had made adequate arrangements for a substitute plane to be available. Typical seating capacity of Boeing 747- 400 series is 524 passengers. Instead of abandoning passengers after flight cancellation, carrier should immediately arrange for substitute plane through any available airline brokerage. Providing replacement booking for such a huge number of passengers on already booked flights was clearly mission impossible, arogant, unprofessional, ruthless and highly questionable regarding the airlines mission statement, its approach to passengers, and business. It well demonstrates how well the airline is organized and how really cares about its passengers.
Some passengers spent over 3 nervous days without the assistance of Lufthansa or United Airlines awaiting for the booking.
15. Neither of airlines have had a substitude stand by aircraft at any of the nearest European hubs.
Lufthansa deliberately and with malice misleads passengers, denies compensation in violation of the governing law(s) and in contempt of European Court of Justice rulling in Wallentin- Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), dated December 22, 2008.
Citations from Lufthansa written response to the request for compensation: ( customer.feedback.eu@lufthansa.com ) *(for full e-mail replies by Lufthansa, please see attachments (3) on the end of this complaint.
“Our partner United has informed us about the details surrounding the cancellation of your flight UA 901 on 27 December from Frankfurt to San Francisco. During the ground operations a towing truck accidentally hit the wing of the airplane thus causing the winglet to break off. As this unfortunate event was an unforeseeable, unexpected and exceptional accident, the airline cannot be held liable in this case.“
_________________________________________________________________________________
“We are sorry that you are not satisfied with our response. However, concerning the opinion of Lufthansa the judgement of the European Court does not mean that airlines are liable for cancellations due to technical reasons which are beyond their control - as in this case. Therefore we kindly ask for your understanding that we cannot offer any additional compensation.“ _________________________________________________________________________________
“Please be advised that this will be our final response to you in regard to this case. If you have any other questions or concerns not related to the current claim, we would be glad to assist you.“
_________________________________________________________________________________ “Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.“
Fabian Herrmann and Janine Seidel as the employees in charge, should be properly trained by the airline, knowledgeable about all mandatory legal requirements, helpful, and authorized to act in the best interest not only of carrier but first the passengers. Based on objective evidence and an intentional attempt to escape from liability, by any and all means, by writing targeted, predatory, purposly misleading counterproductive emails on behave of Lufthansa customer reations, resulted only in uncalled aggrevation, and substantial waste of time. Considering criminal behavior of those Lufthansa employees, who accepted on themselves to make the determination of compensability, while not authorised and qualified to do so, justify maximum sanctions of 25, 000 € to be imposed by this enforcement agency on Lufthansa.
All travel expanses are reconstructed, as it is impractical and impossible to keep exact accounting of petty cash, in many cases the receipts were lost or not provided.
Cost of living (COLA) in Honolulu, Hawaii, USA, is higher than in any other states. For tourist daily cost of surviving (hotel, meals, refreshments and entertainment) in Hawaii (per diem) is not less than estimated 500, 00 to 600, 00 U$ per person.
It is up to the carrier (LUFTHANSA) to make me now an offer that I can't refuse.
1 SDR *(Special Drawing Right) is worth about 1.18 €.
€1.00 is equal to about U$1.285.
Law and case references:
http://curia.europa.eu/en/actu/communiques/cp08/aff/cp080100en.pdf
http://www.icao.int/icao/en/leb/mtl99.pdf
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:046:0001:0007:EN:PDF
Consequences of flight cancellation and delay: Consequently after such extremely long travel (58 hors), I have been devastatingly exhausted and needed full week of time for after travel recovery from time change and jet lag, as due to nervous situation, I was unable to sleep either in the hotel and later on the airplane during the flight. I have been to tired to enjoy the New Year event in Honolulu, which we planned for several months before. Consequently I was than unable to travel as planed to Kuai, Maui, Molokai and Big Island of Hawaii, during my 3 weeks of vacation due to extreme exhaustion after such a long flight.
My vacation plans in Hawaii were substantially affected by the unplanned and uncalled change in flight schedule, as neither of the airlines have not timely provided a substitute plane from the nearest hub, what should be done with a minimum time delay. My vacation Plans as well as my companion arriving separately, were also totally ruined, as we were unable to enjoy either New Year, or other pre-planed trips, activities and / or business meetings.
Settlement: The amount of settlement to be paid is always subject to negotiations. I am requesting settlement as proposed below, saying so, under all special circumstances of this case, as explained above, I am submitting my non negotiable demands for compensation.
I am considering proposed below settlement terms as fair and just under any and all circumstances, in this case.
As my New Year vacation as the result of flight cancellation were totally ruined, in addition to compensation, and all out of pocket expenses as stated above, as a replacement for my totally ruined vacations, I am requesting fully paid round trip (for two) for the „4th of July“ in Hawaii, between June 27, 2009 to to July 19, 2009, with, with return booked for August 27, 2009, (subject to my approval). The trip should include at least 21 pre-paid nights (two bedrooms suite) in Waikoloa Hawaii resort on Big Island of Hawaii.
Hilton Waikoloa village in Hawaii web pages:
http://www.hiltonwaikoloavillage.com
The settlement I am seeking is travel for two value about U$ 5, 000 21 days Hilton Waikoloa accommodation for 2 in a 2 bedroom suite, value about 25, 000 U$ and than 5, 000 Euro cancellation compensation in compliance with Infringement of Article 5 of Regulation (EC) No 261/2004.
Reimbursement for lost income during 25 days of those vacation in the amount of U$ 15, 000 (self employed).
Lufthansa's response:
Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Thank you for your Email dated 19 January.
We are very sorry to learn about the irregularities and difficulties you experienced as a result of a flight cancellation on 27 December. For your inconvenience and your trouble we would like to apologise most sincerely to you.
As a matter of course we have already contacted our partner United Airlines and are currently researching the reasons for these unfortunate events. We kindly ask you for your patience during our handling process. We will contact you as soon as we have obtained more information.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's second e-mail (2) response:
Thank you for your patience during our handling process.
We are sorry that you feel you have to write in English. Of course you can also write to us in your native language.
Our partner United has informed us about the details surrounding the cancellation of your flight UA 901 on 27 December from Frankfurt to San Francisco. During the ground operations a towing truck accidentally hit the wing of the airplane thus causing the winglet to break off. As this unfortunate event was an unforeseeable, unexpected and exceptional accident, the airline cannot be held liable in this case.
As a matter of course we and our partner still offer care and assistance to our passengers in such a situation. We very much regret that you felt that the service provided was not up to the standard you have come to expect from us. Due to the large numbers of guests who require assistance it is not always possible to honour personal requests as much as we would like to. We kindly ask for your understanding in this matter.
The ground staff in Frankfurt offered all involved passengers hotel accommodation. All major hotels operate shuttle buses from the airport that are free of charge for hotel guests. Therefore no transportation voucher was issued to you.
Since this unpleasant chain of events was caused by an accident and our partner United has fulfilled the EU regulation by offering accommodation to you, no further compensation can be paid in this instance.
We are glad that you could continue your journey the next day on LH 456 and we hope that in spite of the irregularities you had a successful and pleasant trip and you will choose Lufthansa again in the near future.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's e-mail response:
Thank you for your Email.
We are sorry that you are not satisfied with our response. However, concerning the opinion of Lufthansa the judgement of the European Court does not mean that airlines are liable for cancellations due to technical reasons which are beyond their control - as in this case. Therefore we kindly ask for your understanding that we cannot offer any additional compensation.
Please be advised that this will be our final response to you in regard to this case. If you have any other questions or concerns not related to the current claim, we would be glad to assist you.
It is our hope that these events will not keep you from choosing Lufthansa again for your journeys.Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's e-mail response:
Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
Lufthansa Customer Relation:
Germany
Deutsche Lufthansa AG
Deutschland
Gütersloh
Zip Code33322
Fax+[protected]
Help all to FIGHT BACK those crooks:
E-mail Lufthansa CEO, and other employees, tell them what YOU think of that shoddy airlines:
wolfgang.mayrhuber@dlh.de, publicrelations@LHsystems.com, andreas.bierwirth@dlh.de, carl.sigel@dlh.de, carsten.spohr@dlh.de, holger.hätty@dlh.de, lufthansa.europe.uk.ie@dlh.de, stefan.lauer@dlh.de, hubert.frach@dlh.de, jurgen.weber@dlh.de,
poor service!
1) On 14.10.2007 Lufthansa flight from Berlin to Frankfurt at 19:55 (connection to Istanbul) was canceled without any explanation,
2) Service personnel behaved as if this is something normal to be accepted without questioning,
3) During our discussion, the service personnel said several times that the price I paid for the ticket is already low (180 euro one way) that I do not need to complain. It looks like Lufthansa does not have standard service for economy class but gives poorer service (including flight cancellation) and humiliates those who choose lower fare flights announced on their web page.
They put me to a flight through Munich next morning with 40 min connection time in Munich. The plane was late 20 minutes, and my luggage did not arrive.
I talked to colleagues and they experienced similar domestic (within Germany) flight cancellations without any announced reason.
Conclusion: Never ever with Lufthansa!
Lufthansa latest Marketing slogan:
We hope that in spite of the irregularities you had a successful and pleasant trip and you will choose Lufthansa again in the near future.
Really?
I hope you will be soon out of business, you damn german crooks!
My best LUFTHANSA EXPERIENCE:
Canceled flight LH 9052 on trip to Honolulu, Hawaii:
Iterinary:
GDN LO 359, Saturday, December 27, 2008
FRA UA 901 / LH9052, Saturday, December 27, 2008
SFO UA 79 / LH9136 Saturday, December 27, 2008
HNL UA1036, Saturday, January 17, 2009
SFO UA 0906, Sunday, January 18, 2009
MUC LO 396 Sunday, January 18, 2009
Lufthansa knowingly abandoned the passengers, failed to inform them of their rights, than refused to pay mandatory cancellation compensation.
The governing laws:
● Regulation (EC) No 261/2004, being valid from February 17, 2005, establishing common rules on compensation and assistance to passengers in the event of of cancellation of flights. In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, and this definitively is not the case.
● European Court of Justice: case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008. The European Tribunal of Justice (EJC) on December 22, 2008, in Wallentin-Hermann case closed the loophole of always abused frivolous interpretations used by the airlines of “technical or extraordinary circumstances“, when further defined and limited the use of such defense. Finally the definition of “technical and / or extraordinary circumstances“ by the ECJ court now stands firm and solid. Any carrier must prove that the alleged mechanical problem leading to the cancellation was “beyond its actual control, ” the court affirmed in a statement.
Complaint:
In case of any flight cancellation for whatever reasons the airline(s) are required to provide passengers with:
• emergency flight booking, and an alternative transport to final destination, what was not at all done by either of the airlines.
Canceled was the segment (UA 901 / LH 9052) of my multiple segments flight, starting on December 27, 2008. The flight operator is United Airlines (UA 901) while the contractual booking carier is Lufthansa with flight number LH 9052.
My reservation was through Lufthansa airlines on Lufthansa flight LH9052, I am entitled to claim compensation from Lufthansa, the airline with which I have the contract, for breach of that contract.
The governing laws:
● Regulation (EC) No 261/2004, being valid from February 17, 2005, establishing common rules on compensation and assistance to passengers in the event of of cancellation of flights. In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, and this definitively is not the case.
● European Court of Justice: case Wallentin-Hermann v. Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008. The European Tribunal of Justice (EJC) on December 22, 2008, in Wallentin-Hermann case closed the loophole of always abused frivolous interpretations used by the airlines of “technical or extraordinary circumstances“, when further defined and limited the use of such defense. Finally the definition of “technical and / or extraordinary circumstances“ by the ECJ court now stands firm and solid. Any carrier must prove that the alleged mechanical problem leading to the cancellation was “beyond its actual control, ” the court affirmed in a statement.
Flight Cancellation (Article 5): Cancellation is the non-operation of a scheduled flight on which at least one place was reserved. From this, claims for compensation and assistance under Articles 7, 8 and 9 of the a.m. EC Regulation will arise (see summary in the attached table). Under extraordinary circumstances, the operating air carrier is partially or totally exempt from the obligations under the a.m. EC Regulation. Examples: Political instability, meteorological conditions incompatible with the operation of the flight, security risks, unexpected flight safety shortcomings, strikes, etc.
Disclosure:
The operating air carrier is obliged to comprehensively inform the passengers of this EC
Regulation. For this purpose a notice at check-in is required and in addition a written
description of the rules for compensation and assistance in the case of denied boarding,
cancellation or a delay of more than two hours is to be handed over to each passenger
concerned. At the same time the passengers shall be informed in writing of the responsible
body for complaints.
Derogating or restrictive clauses in the contract of carriage cannot limit or preclude the
contents of the Regulation.
Policy enforcement: The Luftfahrt-Bundesamt (LBA) is the competent authority for the implementation of Regulation (EC) No 261/2004 in Germany. Under this task the LBA analyses on the basis of the complaints the individual air carriers’ policies and causes the air carriers to eliminate systematic infringements of the EC Regulation. If necessary, sanctions will be imposed consisting of fines. The aim is to ensure proper implementation of the consumer protection regulation according to EC law in Germany and to reduce the causes for passenger complaints.
Rights to compensation : Under the following conditions, compensation or assistance according to the EC Regulation (Article 3) may be claimed:
1. The passenger is departing from a German airport or the passenger is departing from an airport in a third country, the arrival airport is a German airport and the operating air carrier is an air carrier licensed under the Council Regulation (EEC) No 2407/92.
2. The passenger has a confirmed reservation and presents himself/herself for check-in at
the time indicated in advance or if no time has been specified, not later than 45 minutes before the published time of departure or the passenger has been transferred by the air carrier or the tour operator from a booked flight to another flight and presents himself/herself for check-in at the time indicated in advance or, if no time has been specified, not later than 45 minutes before the published time of departure.
Determination of compensability: In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
The reasons leading to the flight cancellation shall be given in the form of the statements as requested in this form and shall be verified by appropriate documentation. LBA will resolve upon the acceptance of the statements on the basis of the information and documentation provided.
Information about the kind of documentation that is to be provided as means of proof is given in the note boxes coloured in grey (see below) in each section. If more than one complaint refers to the same flight, it is sufficient to fill out the just once. In this case, however, the LBA reference No of the complaints concerned shall be stated in section 3.
This form is to be signed in section 8 by the person acc to article 63d lit. 4 of Luftverkehrs-Zulassungs-Ordnung (German Air Navigation Certification Order) being the competent person for clearing and accepting complaints in your company.
Changes concerning this person and/or in the contact addresses are to be declared in writing to LBA without delay. If your company has not yet provided this information, the person and/or the contact address are to be announced in writing to LBA without further delay.
If one is refused entry to flight because of overbooking or find that your flight has been cancelled, the airline must hand you a leaflet explaining your rights and describing how much money one is entitled to. The rates are: ● Flights of 1, 500 km or less: € 250 ● Flights between 1, 500 km and 3, 500 km: € 400 ● Flights of more than 3, 500 km: € 600
It is up to enforcement agency LBA to determine if airline is obliged to pay compensation, not by Lufthansa customer service office clerks (Fabian Herrmann and Janine Seidel) or United customer relationship.
Airlines liability insurance minimum coverage: The law requires mandatory insurance for each airline against liability as follow: In accordance with Article 6 of the Regulation (EC) No 785/2004 and §§ 45-47 Luftverkehrsgesetz (Air Navigation Act) the minimum liability insurance cover in respect of passengers, baggage and cargo shall be as follows:
● 250.000 special drawing rights per passenger for bodily injury
● 4.150 special drawing rights per passenger for delayed carriage of passengers
● 1.000 special drawing rights per passenger for damage to baggage and delayed carriage of baggage ● 17 special drawing rights per kilogram for damage to cargoBoth, Lufthansa Airline or United Airline never handed to any of the passengers as required liflets and / or explaining customers rights.
Passengers rights enforcement:
The competency to deal with passengers complaint is with the national enforcement body where the flight - segment problem had its origin, and / or where the airline is domiciled.
Consequtly I have requested mandatory compensation from Lufthansa airline as the result of canceled one of the segments of my on round trip flight from Gdansk (GDN) Poland, to Honolulu (HNL), Hawaii, USA.
The European Court of Justice assured that the airlines must pay up, unless the technical fault was due to “exceptional circumstances“ exclusively defined by the court, such as an act of terrorism or deliberate sabotage.
Further the compensation may be refused only, if the technical problems stem from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier, are beyond its actual control.
Both airlines in violation of Regulation (EC) No 261/2004, negligently abandoned the passengers. Both United Airlines as well as Lufthansa are jointly in contempt of the European Court of Justice. The final decision in Wallentin-Hermann case final verdict, was delivered in mid December of 2008.
The law requires that in situation like this airlines, not the passengers themselves, arranges reservation service as the replacement for cancelled flights, what was never offered or done. Both United Airlines as well Lufthansa not communicating with each other, are “Star Alliance“ members.
Over public announcement service we were informed to seek the hotel Steigenberger, and no one who is not familiar with the town could not locate them. We were only told where to go to the exit, nobody assisted us to find hotel shutlle bus-stop. We were running to and from seeking that bus stop. There was no any form of help to direct us in the right direction.
All Lufthansa did is to tell all passengers to call toll free number: [protected], to United Airlines located “somewhere“ in all center in the United States.
Consequently as many passengers were calling at the same time it was impossible to get to United Airlines employees, the phone were busy, the waiting time was tremendous, mobile (cellular) telephone bill as the consequence are enormous.
If someone was lucky and get connected after several hours of trying, than United told Lufthansa passengers, that have no records of any passengers booked as Lufthansa passengers, and in my cast I am not listed on United Airlines Flight UA 901 passengers list, only due to incompetence of airline employees causing counterproductive tremendous stress, aggravation and tremendous general confusion.
My flight was more than 3, 500 km and as the boarding was denied, I am entitled to the regulatory damage of not less than € 600, plus any and all the expenses on any consequent flights.
In addition should any airline flying from EU airports responsible for the delay or cancelation of the flight anywhere in the world, passengers are entitled to claim 4, 150 SDR (Special Drawing Right), which at the currency exchange rate was about 4, 897.00 €, equivalent of about 6, 300.00 U$, (the exchange rates needs to be prorated to actual currency exchange rates on the day of occurrence, December 27, 2008).
Both airlines after the incident caused only by airlines negligence, ground support mechanics damaged the winglet of the aircraft, negligently abandoned all passengers.
Incident was clearly preventable, was caused only as the result of not following by airline(s) personel mandatory operating safety procedures on the airport ground, tarmac, by ground support crews. The parties are governed by the binding contract and whenever a passenger purchases a ticket, he does so for a comfortable journey.
Travel time: As the travel took from 05:00 am Friday, December 27, 2008 Polish time, (06:00 pm Friday, December 26, 2008, Honolulu time) with the arrival (landing) at 11:55 am, Sunday, December 29, Polish time (Sunday, December 28, 2008 10:55 pm Honolulu time), with consequently lost luggage which was delivered at the local address, which I have received later at 4:00 am Honolulu Time, all time being sleepless. My entire hardly earned vacation were ruined by flight delay. That is almost 58 sleepless hours in transit or travel.
Compensation entitlement: Regulation 5 (EC) No 261/2004, European Court of Justice in Luxembourg: Case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008.
Justice agreed that any technical issues during aircraft maintenance don’t constitute “extraordinary circumstances” that would allow airlines to avoid paying passengers compensation for canceled flights.
In its judgment, the Fourth Chamber of the Court of Justice held:
“Extraordinary circumstances” was not defined in the 2004 Regulation, but the phrase was to be interpreted narrowly since article 5(3) constituted a derogation from the principle, indicated in recitals 1 and 2 of the preamble, of protection of consumers, in as much as cancellation of flights caused serious inconvenience to passengers.
In addition to denied boarding on flight of more than 3, 500 km, compensation of not less than € 600, I am entitled also to claim flight cancelation 4, 150.0 SDR (Special Drawing Right), of about 4, 897.00 €. I am also entitled to any and all incurred travel expenses, and any legal fees I should encounter.
Airlines failed to provide mandatory accommodations after flight cancellation. No notifications, no refreshments (until 18:00 - 6:00pm with first and quite late meal), no flight reservation service.
Travel expenses (reconstructed or estimated): Phone calls expenses related to notifying other party (long distance and rooming fees) about flight delay (air time on 2 mobile phones): lump sum of 20, 00 €. Reimbursement for the lunch at Frankurt Airport of 25, 00 € . Air time on my mobile phone for calling for seveal hours from Frankfurt to toll free number in United States lump sum of 25, 00 €. Refreshments at Frankfurt 20, 00 €. Entertainment at Frankfurt, while forced to spend night at hotel 50, 00 €. Meals while waiting at the San Francisco airport (per diem), lump sum of 35, 00 €, refreshments 20, 00 €. Taxi in Honolulu lump sum of 25, 00 € (I missed the free transpportation from Airport to residence). Refreshments and dinner in Honolulu (per diem) 50, 00 €. Recuperation from jet lag after the travel (5 days) at per diem rate of 500, 00 € per day.
Total claimed lump sump casual and ordinary out of pocket travel expenses are: 2, 9035.00 €.
Complaint preparation fees 250.00 €.
What was the air carrier’s reaction?
Lufthansa after classical stunt of denial of the compensability due to as alleged fraudulent claim “ unfortunate event was an unforeseeable, unexpected and exceptional accident“ and is now arogantly ignoring me, is NOT at all responding any more to any correspondance related to claim submitted via e-mail, or their website.
The communication with the airline is extremally difficult. Airline(s) has not informed passengers of their rights, neither has disclosed any proper procedures for submitting complaint, and such despite the demand were never disclosed to me, to properly communicate between the passengers and the carriers. Many passengers as foreign nationals were not proficient in german or english languages.
1. The flight was cancelled. Both United Airlines as well Lufthansa are Star Alliance members. Passengers were abandoned by both airlines.
2. All Lufthansa did was to provide passengers with the Toll Free number: [protected], of course to United Airlines located somewhere in the United States. No efforts were undertaken to accommodate the (non English speaking passengers). Many foreign travelers couldn't also not speak German. Many were Germans, who are not obliged to speaking English in their home country!.
3. Over public announcement service we were informed to seek the hotel Steigenberger. There was no any form of help to direct us in the right direction.
4. Passengers booked on United Flight under Lufthansa were told by United that they are not on passengers list. I learnt about it after my call to United Number [protected]. Only by jogging from Hotel to Airport, and between United and Lufthansa with substantial arguments the passengers were able to fight themselves for the reservations, on connecting flights.
5. The stress was building up as: Lufthansa persistently mislead all passengers claiming that it was United flight and reservations must be made with United Airlines by the passengers. United refused to accommodate Lufthansa passengers.
6. In case of cancelled flight the airline has the obligation to arrange the reservations for the passengers not the passengers themselves.
7. That is what the passengers are paying for to their travel agents. The Star Alliance members are required to settle their professional duties between themselves. Abandoning passengers in case like this raises to criminal negligence.
8. The Airline is responsible to accommodate the passengers in any way passengers may require, with no exception.
10. As it was impossible to connect with United as to many abandoned passengers were calling reservation office in the US.
11. Many people on that flight were even non English speaking people (Polish, German, French, Italians, Russians, etc.)
12. Shockingly passengers booked on this flight through exchange with Lufthansa, apparently according to United Airlines, were not on the list of the United Airlines.
13. No any form of assistance either by either Lufthansa or UNITED AIRLINES were ever offered to any passengers at Frankurt Airport. That is contrary to statments in the email. Passengers were abandoned, were forced to make their own travel arrangements, despite that they were not proficient in foreign to them language(s).
14. Considering that the damaged aircraft was Boeing 747 400 series, accommodating close to at whether they had made adequate arrangements for a substitute plane to be available. Typical seating capacity of Boeing 747- 400 series is 524 passengers. Instead of abandoning passengers after flight cancellation, carrier should immediately arrange for substitute plane through any available airline brokerage. Providing replacement booking for such a huge number of passengers on already booked flights was clearly mission impossible, arogant, unprofessional, ruthless and highly questionable regarding the airlines mission statement, its approach to passengers, and business. It well demonstrates how well the airline is organized and how really cares about its passengers.
Some passengers spent over 3 nervous days without the assistance of Lufthansa or United Airlines awaiting for the booking.
15. Neither of airlines have had a substitude stand by aircraft at any of the nearest European hubs.
Lufthansa deliberately and with malice misleads passengers, denies compensation in violation of the governing law(s) and in contempt of European Court of Justice rulling in Wallentin- Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), dated December 22, 2008.
Citations from Lufthansa written response to the request for compensation: ( customer.feedback.eu@lufthansa.com ) *(for full e-mail replies by Lufthansa, please see attachments (3) on the end of this complaint.
“Our partner United has informed us about the details surrounding the cancellation of your flight UA 901 on 27 December from Frankfurt to San Francisco. During the ground operations a towing truck accidentally hit the wing of the airplane thus causing the winglet to break off. As this unfortunate event was an unforeseeable, unexpected and exceptional accident, the airline cannot be held liable in this case.“
_________________________________________________________________________________
“We are sorry that you are not satisfied with our response. However, concerning the opinion of Lufthansa the judgement of the European Court does not mean that airlines are liable for cancellations due to technical reasons which are beyond their control - as in this case. Therefore we kindly ask for your understanding that we cannot offer any additional compensation.“ _________________________________________________________________________________
“Please be advised that this will be our final response to you in regard to this case. If you have any other questions or concerns not related to the current claim, we would be glad to assist you.“
_________________________________________________________________________________ “Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.“
Fabian Herrmann and Janine Seidel as the employees in charge, should be properly trained by the airline, knowledgeable about all mandatory legal requirements, helpful, and authorized to act in the best interest not only of carrier but first the passengers. Based on objective evidence and an intentional attempt to escape from liability, by any and all means, by writing targeted, predatory, purposly misleading counterproductive emails on behave of Lufthansa customer reations, resulted only in uncalled aggrevation, and substantial waste of time. Considering criminal behavior of those Lufthansa employees, who accepted on themselves to make the determination of compensability, while not authorised and qualified to do so, justify maximum sanctions of 25, 000 € to be imposed by this enforcement agency on Lufthansa.
All travel expanses are reconstructed, as it is impractical and impossible to keep exact accounting of petty cash, in many cases the receipts were lost or not provided.
Cost of living (COLA) in Honolulu, Hawaii, USA, is higher than in any other states. For tourist daily cost of surviving (hotel, meals, refreshments and entertainment) in Hawaii (per diem) is not less than estimated 500, 00 to 600, 00 U$ per person.
It is up to the carrier (LUFTHANSA) to make me now an offer that I can't refuse.
1 SDR *(Special Drawing Right) is worth about 1.18 €.
€1.00 is equal to about U$1.285.
Law and case references:
http://curia.europa.eu/en/actu/communiques/cp08/aff/cp080100en.pdf
http://www.icao.int/icao/en/leb/mtl99.pdf
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:046:0001:0007:EN:PDF
Consequences of flight cancellation and delay: Consequently after such extremely long travel (58 hors), I have been devastatingly exhausted and needed full week of time for after travel recovery from time change and jet lag, as due to nervous situation, I was unable to sleep either in the hotel and later on the airplane during the flight. I have been to tired to enjoy the New Year event in Honolulu, which we planned for several months before. Consequently I was than unable to travel as planed to Kuai, Maui, Molokai and Big Island of Hawaii, during my 3 weeks of vacation due to extreme exhaustion after such a long flight.
My vacation plans in Hawaii were substantially affected by the unplanned and uncalled change in flight schedule, as neither of the airlines have not timely provided a substitute plane from the nearest hub, what should be done with a minimum time delay. My vacation Plans as well as my companion arriving separately, were also totally ruined, as we were unable to enjoy either New Year, or other pre-planed trips, activities and / or business meetings.
Settlement: The amount of settlement to be paid is always subject to negotiations. I am requesting settlement as proposed below, saying so, under all special circumstances of this case, as explained above, I am submitting my non negotiable demands for compensation.
I am considering proposed below settlement terms as fair and just under any and all circumstances, in this case.
As my New Year vacation as the result of flight cancellation were totally ruined, in addition to compensation, and all out of pocket expenses as stated above, as a replacement for my totally ruined vacations, I am requesting fully paid round trip (for two) for the „4th of July“ in Hawaii, between June 27, 2009 to to July 19, 2009, with, with return booked for August 27, 2009, (subject to my approval). The trip should include at least 21 pre-paid nights (two bedrooms suite) in Waikoloa Hawaii resort on Big Island of Hawaii.
Hilton Waikoloa village in Hawaii web pages:
http://www.hiltonwaikoloavillage.com
The settlement I am seeking is travel for two value about U$ 5, 000 21 days Hilton Waikoloa accommodation for 2 in a 2 bedroom suite, value about 25, 000 U$ and than 5, 000 Euro cancellation compensation in compliance with Infringement of Article 5 of Regulation (EC) No 261/2004.
Reimbursement for lost income during 25 days of those vacation in the amount of U$ 15, 000 (self employed).
Lufthansa's response:
Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Thank you for your Email dated 19 January.
We are very sorry to learn about the irregularities and difficulties you experienced as a result of a flight cancellation on 27 December. For your inconvenience and your trouble we would like to apologise most sincerely to you.
As a matter of course we have already contacted our partner United Airlines and are currently researching the reasons for these unfortunate events. We kindly ask you for your patience during our handling process. We will contact you as soon as we have obtained more information.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's second e-mail (2) response:
Thank you for your patience during our handling process.
We are sorry that you feel you have to write in English. Of course you can also write to us in your native language.
Our partner United has informed us about the details surrounding the cancellation of your flight UA 901 on 27 December from Frankfurt to San Francisco. During the ground operations a towing truck accidentally hit the wing of the airplane thus causing the winglet to break off. As this unfortunate event was an unforeseeable, unexpected and exceptional accident, the airline cannot be held liable in this case.
As a matter of course we and our partner still offer care and assistance to our passengers in such a situation. We very much regret that you felt that the service provided was not up to the standard you have come to expect from us. Due to the large numbers of guests who require assistance it is not always possible to honour personal requests as much as we would like to. We kindly ask for your understanding in this matter.
The ground staff in Frankfurt offered all involved passengers hotel accommodation. All major hotels operate shuttle buses from the airport that are free of charge for hotel guests. Therefore no transportation voucher was issued to you.
Since this unpleasant chain of events was caused by an accident and our partner United has fulfilled the EU regulation by offering accommodation to you, no further compensation can be paid in this instance.
We are glad that you could continue your journey the next day on LH 456 and we hope that in spite of the irregularities you had a successful and pleasant trip and you will choose Lufthansa again in the near future.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's e-mail response:
Thank you for your Email.
We are sorry that you are not satisfied with our response. However, concerning the opinion of Lufthansa the judgement of the European Court does not mean that airlines are liable for cancellations due to technical reasons which are beyond their control - as in this case. Therefore we kindly ask for your understanding that we cannot offer any additional compensation.
Please be advised that this will be our final response to you in regard to this case. If you have any other questions or concerns not related to the current claim, we would be glad to assist you.
It is our hope that these events will not keep you from choosing Lufthansa again for your journeys.Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's e-mail response:
Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
Lufthansa Customer Relation:
Germany
Deutsche Lufthansa AG
Deutschland
Gütersloh
Zip Code33322
Fax+[protected]
Help all to FIGHT BACK those crooks:
E-mail Lufthansa CEO, and other employees, tell them what YOU think of that shoddy airlines:
wolfgang.mayrhuber@dlh.de, publicrelations@LHsystems.com, andreas.bierwirth@dlh.de, carl.sigel@dlh.de, carsten.spohr@dlh.de, holger.hätty@dlh.de, lufthansa.europe.uk.ie@dlh.de, stefan.lauer@dlh.de, hubert.frach@dlh.de, jurgen.weber@dlh.de,
new baggage was almost totally destroyed when delivered
Please, find below an e-mail that I have sent to Lufthansa and about witch I have never received any answer.
"As you recently noticed, my luggage was lost during a flight between Porto and Krakow, with transfers in Lisbon and Munich (1st of July, 2007). This file was referenced by you with the number KRKLH10300. After more than 24 hours, my bag was delivered at my temporary address in Krakow, but I was speechless when I saw what you where delivering to me. It was a new bag two days before, and this was its first utilization. As anyone could expect, it wouldn't arrive as new as when it left Porto, but I never thought that I would see something like this. It costs around 70EUR in Portugal and thanks to your service it will never be able to be used again. It is completely damaged! I'm sending some photos in attach for you to see how your workers have treated my luggage. Inside, obviously, it was a complete mess like I have never seen before (and believe me that I have used Lufthansa and TAP before with much better results). Therefore, I'm hoping that you have a quick answer to me, in which you explain how you will compensate me for the damage that you have caused (and I'm only talking about the material loss).
Best regards,
Goncalo Gaspar"
This is my advice: DO NOT USE LUFTHANSA. Some low cost companies seem more careful and don't charge as much...
I encourage every one to Boycott the worst world wide airline:
Lufthansa German shoddy predatory greedy Airline !
Let them as they are planning to do ... dream to acquire other airlines and to destroy the competition: Air Austria, Air Italy, LOT, Swiss Air.
Would you fly to be screwed, arrested and even jailed?
Fly LUFTHANSA!
Lufthansa apparent Customer Service and Marketing Plan: Screw them!
LUFTHANSA CEO WOLFGANG MAYRHUBER Marketing Plan:
Hire the cheap incompetent idiots as stewardeses and ###s as captains, for your money they will help you to be arrested jailed and fined, just for supporting and flying on shoddy LUFTHANSA Airlines in old tradition of SS!
On February 10, 2009 the people of Poland were told and had the best proof how well the employees of LUFTHNSA are carring about passengers, when member of Polish parlament, candidate for polish Premier, Jan Maria Rokita on Lufthansa flight LH3336 first was assaulted by Lufthansa stewardess, than late after her racist behavior and fraudulent claim to aircraft captain, he and his wife were denied boarding and due to fraudulently claimed alleged “agressive behavior“ wrongfully arrested by evidently racist German police.
Lufthansa Airlines confirmed that on 10 of February, 2009, the passenger was escorted by the German authorities from the aircraft on flight LH3336 between Munich and Cracow.
Unfortunatelly the idiots from Lufthansa did not know the gentelman whom they assaulted, was11.07.1992 - 26.10.1993 Chief of the Office of the Council of Ministers, the potential Prime Minister of Poland, Member of Parliment, and his wife Nelly Rokita, who is the adviser of Polish President Lech Kaczynski, but the polish citizens know very well his always set back and restrained behavior. In 2003, Jan Maria Rokita was awarded “Man of the Year“ title, which is a very prestigious award.
That is the marketing act of the century!
Lufthansa latest Marketing slogan:
We hope that in spite of the irregularities you had a successful and pleasant trip and you will choose Lufthansa again in the near future.
Really?
I hope you will be soon out of business, you damn german crooks!
My best LUFTHANSA EXPERIENCE:
Canceled flight LH 9052 on trip to Honolulu, Hawaii:
Iterinary:
GDN LO 359, Saturday, December 27, 2008
FRA UA 901 / LH9052, Saturday, December 27, 2008
SFO UA 79 / LH9136 Saturday, December 27, 2008
HNL UA1036, Saturday, January 17, 2009
SFO UA 0906, Sunday, January 18, 2009
MUC LO 396 Sunday, January 18, 2009
Lufthansa knowingly abandoned the passengers, failed to inform them of their rights, than refused to pay mandatory cancellation compensation.
The governing laws:
● Regulation (EC) No 261/2004, being valid from February 17, 2005, establishing common rules on compensation and assistance to passengers in the event of of cancellation of flights. In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, and this definitively is not the case.
● European Court of Justice: case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008. The European Tribunal of Justice (EJC) on December 22, 2008, in Wallentin-Hermann case closed the loophole of always abused frivolous interpretations used by the airlines of “technical or extraordinary circumstances“, when further defined and limited the use of such defense. Finally the definition of “technical and / or extraordinary circumstances“ by the ECJ court now stands firm and solid. Any carrier must prove that the alleged mechanical problem leading to the cancellation was “beyond its actual control, ” the court affirmed in a statement.
Complaint:
In case of any flight cancellation for whatever reasons the airline(s) are required to provide passengers with:
• emergency flight booking, and an alternative transport to final destination, what was not at all done by either of the airlines.
Canceled was the segment (UA 901 / LH 9052) of my multiple segments flight, starting on December 27, 2008. The flight operator is United Airlines (UA 901) while the contractual booking carier is Lufthansa with flight number LH 9052.
My reservation was through Lufthansa airlines on Lufthansa flight LH9052, I am entitled to claim compensation from Lufthansa, the airline with which I have the contract, for breach of that contract.
The governing laws:
● Regulation (EC) No 261/2004, being valid from February 17, 2005, establishing common rules on compensation and assistance to passengers in the event of of cancellation of flights. In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, and this definitively is not the case.
● European Court of Justice: case Wallentin-Hermann v. Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008. The European Tribunal of Justice (EJC) on December 22, 2008, in Wallentin-Hermann case closed the loophole of always abused frivolous interpretations used by the airlines of “technical or extraordinary circumstances“, when further defined and limited the use of such defense. Finally the definition of “technical and / or extraordinary circumstances“ by the ECJ court now stands firm and solid. Any carrier must prove that the alleged mechanical problem leading to the cancellation was “beyond its actual control, ” the court affirmed in a statement.
Flight Cancellation (Article 5): Cancellation is the non-operation of a scheduled flight on which at least one place was reserved. From this, claims for compensation and assistance under Articles 7, 8 and 9 of the a.m. EC Regulation will arise (see summary in the attached table). Under extraordinary circumstances, the operating air carrier is partially or totally exempt from the obligations under the a.m. EC Regulation. Examples: Political instability, meteorological conditions incompatible with the operation of the flight, security risks, unexpected flight safety shortcomings, strikes, etc.
Disclosure:
The operating air carrier is obliged to comprehensively inform the passengers of this EC
Regulation. For this purpose a notice at check-in is required and in addition a written
description of the rules for compensation and assistance in the case of denied boarding,
cancellation or a delay of more than two hours is to be handed over to each passenger
concerned. At the same time the passengers shall be informed in writing of the responsible
body for complaints.
Derogating or restrictive clauses in the contract of carriage cannot limit or preclude the
contents of the Regulation.
Policy enforcement: The Luftfahrt-Bundesamt (LBA) is the competent authority for the implementation of Regulation (EC) No 261/2004 in Germany. Under this task the LBA analyses on the basis of the complaints the individual air carriers’ policies and causes the air carriers to eliminate systematic infringements of the EC Regulation. If necessary, sanctions will be imposed consisting of fines. The aim is to ensure proper implementation of the consumer protection regulation according to EC law in Germany and to reduce the causes for passenger complaints.
Rights to compensation : Under the following conditions, compensation or assistance according to the EC Regulation (Article 3) may be claimed:
1. The passenger is departing from a German airport or the passenger is departing from an airport in a third country, the arrival airport is a German airport and the operating air carrier is an air carrier licensed under the Council Regulation (EEC) No 2407/92.
2. The passenger has a confirmed reservation and presents himself/herself for check-in at
the time indicated in advance or if no time has been specified, not later than 45 minutes before the published time of departure or the passenger has been transferred by the air carrier or the tour operator from a booked flight to another flight and presents himself/herself for check-in at the time indicated in advance or, if no time has been specified, not later than 45 minutes before the published time of departure.
Determination of compensability: In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
The reasons leading to the flight cancellation shall be given in the form of the statements as requested in this form and shall be verified by appropriate documentation. LBA will resolve upon the acceptance of the statements on the basis of the information and documentation provided.
Information about the kind of documentation that is to be provided as means of proof is given in the note boxes coloured in grey (see below) in each section. If more than one complaint refers to the same flight, it is sufficient to fill out the just once. In this case, however, the LBA reference No of the complaints concerned shall be stated in section 3.
This form is to be signed in section 8 by the person acc to article 63d lit. 4 of Luftverkehrs-Zulassungs-Ordnung (German Air Navigation Certification Order) being the competent person for clearing and accepting complaints in your company.
Changes concerning this person and/or in the contact addresses are to be declared in writing to LBA without delay. If your company has not yet provided this information, the person and/or the contact address are to be announced in writing to LBA without further delay.
If one is refused entry to flight because of overbooking or find that your flight has been cancelled, the airline must hand you a leaflet explaining your rights and describing how much money one is entitled to. The rates are: ● Flights of 1, 500 km or less: € 250 ● Flights between 1, 500 km and 3, 500 km: € 400 ● Flights of more than 3, 500 km: € 600
It is up to enforcement agency LBA to determine if airline is obliged to pay compensation, not by Lufthansa customer service office clerks (Fabian Herrmann and Janine Seidel) or United customer relationship.
Airlines liability insurance minimum coverage: The law requires mandatory insurance for each airline against liability as follow: In accordance with Article 6 of the Regulation (EC) No 785/2004 and §§ 45-47 Luftverkehrsgesetz (Air Navigation Act) the minimum liability insurance cover in respect of passengers, baggage and cargo shall be as follows:
● 250.000 special drawing rights per passenger for bodily injury
● 4.150 special drawing rights per passenger for delayed carriage of passengers
● 1.000 special drawing rights per passenger for damage to baggage and delayed carriage of baggage ● 17 special drawing rights per kilogram for damage to cargoBoth, Lufthansa Airline or United Airline never handed to any of the passengers as required liflets and / or explaining customers rights.
Passengers rights enforcement:
The competency to deal with passengers complaint is with the national enforcement body where the flight - segment problem had its origin, and / or where the airline is domiciled.
Consequtly I have requested mandatory compensation from Lufthansa airline as the result of canceled one of the segments of my on round trip flight from Gdansk (GDN) Poland, to Honolulu (HNL), Hawaii, USA.
The European Court of Justice assured that the airlines must pay up, unless the technical fault was due to “exceptional circumstances“ exclusively defined by the court, such as an act of terrorism or deliberate sabotage.
Further the compensation may be refused only, if the technical problems stem from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier, are beyond its actual control.
Both airlines in violation of Regulation (EC) No 261/2004, negligently abandoned the passengers. Both United Airlines as well as Lufthansa are jointly in contempt of the European Court of Justice. The final decision in Wallentin-Hermann case final verdict, was delivered in mid December of 2008.
The law requires that in situation like this airlines, not the passengers themselves, arranges reservation service as the replacement for cancelled flights, what was never offered or done. Both United Airlines as well Lufthansa not communicating with each other, are “Star Alliance“ members.
Over public announcement service we were informed to seek the hotel Steigenberger, and no one who is not familiar with the town could not locate them. We were only told where to go to the exit, nobody assisted us to find hotel shutlle bus-stop. We were running to and from seeking that bus stop. There was no any form of help to direct us in the right direction.
All Lufthansa did is to tell all passengers to call toll free number: [protected], to United Airlines located “somewhere“ in all center in the United States.
Consequently as many passengers were calling at the same time it was impossible to get to United Airlines employees, the phone were busy, the waiting time was tremendous, mobile (cellular) telephone bill as the consequence are enormous.
If someone was lucky and get connected after several hours of trying, than United told Lufthansa passengers, that have no records of any passengers booked as Lufthansa passengers, and in my cast I am not listed on United Airlines Flight UA 901 passengers list, only due to incompetence of airline employees causing counterproductive tremendous stress, aggravation and tremendous general confusion.
My flight was more than 3, 500 km and as the boarding was denied, I am entitled to the regulatory damage of not less than € 600, plus any and all the expenses on any consequent flights.
In addition should any airline flying from EU airports responsible for the delay or cancelation of the flight anywhere in the world, passengers are entitled to claim 4, 150 SDR (Special Drawing Right), which at the currency exchange rate was about 4, 897.00 €, equivalent of about 6, 300.00 U$, (the exchange rates needs to be prorated to actual currency exchange rates on the day of occurrence, December 27, 2008).
Both airlines after the incident caused only by airlines negligence, ground support mechanics damaged the winglet of the aircraft, negligently abandoned all passengers.
Incident was clearly preventable, was caused only as the result of not following by airline(s) personel mandatory operating safety procedures on the airport ground, tarmac, by ground support crews. The parties are governed by the binding contract and whenever a passenger purchases a ticket, he does so for a comfortable journey.
Travel time: As the travel took from 05:00 am Friday, December 27, 2008 Polish time, (06:00 pm Friday, December 26, 2008, Honolulu time) with the arrival (landing) at 11:55 am, Sunday, December 29, Polish time (Sunday, December 28, 2008 10:55 pm Honolulu time), with consequently lost luggage which was delivered at the local address, which I have received later at 4:00 am Honolulu Time, all time being sleepless. My entire hardly earned vacation were ruined by flight delay. That is almost 58 sleepless hours in transit or travel.
Compensation entitlement: Regulation 5 (EC) No 261/2004, European Court of Justice in Luxembourg: Case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008.
Justice agreed that any technical issues during aircraft maintenance don’t constitute “extraordinary circumstances” that would allow airlines to avoid paying passengers compensation for canceled flights.
In its judgment, the Fourth Chamber of the Court of Justice held:
“Extraordinary circumstances” was not defined in the 2004 Regulation, but the phrase was to be interpreted narrowly since article 5(3) constituted a derogation from the principle, indicated in recitals 1 and 2 of the preamble, of protection of consumers, in as much as cancellation of flights caused serious inconvenience to passengers.
In addition to denied boarding on flight of more than 3, 500 km, compensation of not less than € 600, I am entitled also to claim flight cancelation 4, 150.0 SDR (Special Drawing Right), of about 4, 897.00 €. I am also entitled to any and all incurred travel expenses, and any legal fees I should encounter.
Airlines failed to provide mandatory accommodations after flight cancellation. No notifications, no refreshments (until 18:00 - 6:00pm with first and quite late meal), no flight reservation service.
Travel expenses (reconstructed or estimated): Phone calls expenses related to notifying other party (long distance and rooming fees) about flight delay (air time on 2 mobile phones): lump sum of 20, 00 €. Reimbursement for the lunch at Frankurt Airport of 25, 00 € . Air time on my mobile phone for calling for seveal hours from Frankfurt to toll free number in United States lump sum of 25, 00 €. Refreshments at Frankfurt 20, 00 €. Entertainment at Frankfurt, while forced to spend night at hotel 50, 00 €. Meals while waiting at the San Francisco airport (per diem), lump sum of 35, 00 €, refreshments 20, 00 €. Taxi in Honolulu lump sum of 25, 00 € (I missed the free transpportation from Airport to residence). Refreshments and dinner in Honolulu (per diem) 50, 00 €. Recuperation from jet lag after the travel (5 days) at per diem rate of 500, 00 € per day.
Total claimed lump sump casual and ordinary out of pocket travel expenses are: 2, 9035.00 €.
Complaint preparation fees 250.00 €.
What was the air carrier’s reaction?
Lufthansa after classical stunt of denial of the compensability due to as alleged fraudulent claim “ unfortunate event was an unforeseeable, unexpected and exceptional accident“ and is now arogantly ignoring me, is NOT at all responding any more to any correspondance related to claim submitted via e-mail, or their website.
The communication with the airline is extremally difficult. Airline(s) has not informed passengers of their rights, neither has disclosed any proper procedures for submitting complaint, and such despite the demand were never disclosed to me, to properly communicate between the passengers and the carriers. Many passengers as foreign nationals were not proficient in german or english languages.
1. The flight was cancelled. Both United Airlines as well Lufthansa are Star Alliance members. Passengers were abandoned by both airlines.
2. All Lufthansa did was to provide passengers with the Toll Free number: [protected], of course to United Airlines located somewhere in the United States. No efforts were undertaken to accommodate the (non English speaking passengers). Many foreign travelers couldn't also not speak German. Many were Germans, who are not obliged to speaking English in their home country!.
3. Over public announcement service we were informed to seek the hotel Steigenberger. There was no any form of help to direct us in the right direction.
4. Passengers booked on United Flight under Lufthansa were told by United that they are not on passengers list. I learnt about it after my call to United Number [protected]. Only by jogging from Hotel to Airport, and between United and Lufthansa with substantial arguments the passengers were able to fight themselves for the reservations, on connecting flights.
5. The stress was building up as: Lufthansa persistently mislead all passengers claiming that it was United flight and reservations must be made with United Airlines by the passengers. United refused to accommodate Lufthansa passengers.
6. In case of cancelled flight the airline has the obligation to arrange the reservations for the passengers not the passengers themselves.
7. That is what the passengers are paying for to their travel agents. The Star Alliance members are required to settle their professional duties between themselves. Abandoning passengers in case like this raises to criminal negligence.
8. The Airline is responsible to accommodate the passengers in any way passengers may require, with no exception.
10. As it was impossible to connect with United as to many abandoned passengers were calling reservation office in the US.
11. Many people on that flight were even non English speaking people (Polish, German, French, Italians, Russians, etc.)
12. Shockingly passengers booked on this flight through exchange with Lufthansa, apparently according to United Airlines, were not on the list of the United Airlines.
13. No any form of assistance either by either Lufthansa or UNITED AIRLINES were ever offered to any passengers at Frankurt Airport. That is contrary to statments in the email. Passengers were abandoned, were forced to make their own travel arrangements, despite that they were not proficient in foreign to them language(s).
14. Considering that the damaged aircraft was Boeing 747 400 series, accommodating close to at whether they had made adequate arrangements for a substitute plane to be available. Typical seating capacity of Boeing 747- 400 series is 524 passengers. Instead of abandoning passengers after flight cancellation, carrier should immediately arrange for substitute plane through any available airline brokerage. Providing replacement booking for such a huge number of passengers on already booked flights was clearly mission impossible, arogant, unprofessional, ruthless and highly questionable regarding the airlines mission statement, its approach to passengers, and business. It well demonstrates how well the airline is organized and how really cares about its passengers.
Some passengers spent over 3 nervous days without the assistance of Lufthansa or United Airlines awaiting for the booking.
15. Neither of airlines have had a substitude stand by aircraft at any of the nearest European hubs.
Lufthansa deliberately and with malice misleads passengers, denies compensation in violation of the governing law(s) and in contempt of European Court of Justice rulling in Wallentin- Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), dated December 22, 2008.
Citations from Lufthansa written response to the request for compensation: ( customer.feedback.eu@lufthansa.com ) *(for full e-mail replies by Lufthansa, please see attachments (3) on the end of this complaint.
“Our partner United has informed us about the details surrounding the cancellation of your flight UA 901 on 27 December from Frankfurt to San Francisco. During the ground operations a towing truck accidentally hit the wing of the airplane thus causing the winglet to break off. As this unfortunate event was an unforeseeable, unexpected and exceptional accident, the airline cannot be held liable in this case.“
_________________________________________________________________________________
“We are sorry that you are not satisfied with our response. However, concerning the opinion of Lufthansa the judgement of the European Court does not mean that airlines are liable for cancellations due to technical reasons which are beyond their control - as in this case. Therefore we kindly ask for your understanding that we cannot offer any additional compensation.“ _________________________________________________________________________________
“Please be advised that this will be our final response to you in regard to this case. If you have any other questions or concerns not related to the current claim, we would be glad to assist you.“
_________________________________________________________________________________ “Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.“
Fabian Herrmann and Janine Seidel as the employees in charge, should be properly trained by the airline, knowledgeable about all mandatory legal requirements, helpful, and authorized to act in the best interest not only of carrier but first the passengers. Based on objective evidence and an intentional attempt to escape from liability, by any and all means, by writing targeted, predatory, purposly misleading counterproductive emails on behave of Lufthansa customer reations, resulted only in uncalled aggrevation, and substantial waste of time. Considering criminal behavior of those Lufthansa employees, who accepted on themselves to make the determination of compensability, while not authorised and qualified to do so, justify maximum sanctions of 25, 000 € to be imposed by this enforcement agency on Lufthansa.
All travel expanses are reconstructed, as it is impractical and impossible to keep exact accounting of petty cash, in many cases the receipts were lost or not provided.
Cost of living (COLA) in Honolulu, Hawaii, USA, is higher than in any other states. For tourist daily cost of surviving (hotel, meals, refreshments and entertainment) in Hawaii (per diem) is not less than estimated 500, 00 to 600, 00 U$ per person.
It is up to the carrier (LUFTHANSA) to make me now an offer that I can't refuse.
1 SDR *(Special Drawing Right) is worth about 1.18 €.
€1.00 is equal to about U$1.285.
Law and case references:
http://curia.europa.eu/en/actu/communiques/cp08/aff/cp080100en.pdf
http://www.icao.int/icao/en/leb/mtl99.pdf
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:046:0001:0007:EN:PDF
Consequences of flight cancellation and delay: Consequently after such extremely long travel (58 hors), I have been devastatingly exhausted and needed full week of time for after travel recovery from time change and jet lag, as due to nervous situation, I was unable to sleep either in the hotel and later on the airplane during the flight. I have been to tired to enjoy the New Year event in Honolulu, which we planned for several months before. Consequently I was than unable to travel as planed to Kuai, Maui, Molokai and Big Island of Hawaii, during my 3 weeks of vacation due to extreme exhaustion after such a long flight.
My vacation plans in Hawaii were substantially affected by the unplanned and uncalled change in flight schedule, as neither of the airlines have not timely provided a substitute plane from the nearest hub, what should be done with a minimum time delay. My vacation Plans as well as my companion arriving separately, were also totally ruined, as we were unable to enjoy either New Year, or other pre-planed trips, activities and / or business meetings.
Settlement: The amount of settlement to be paid is always subject to negotiations. I am requesting settlement as proposed below, saying so, under all special circumstances of this case, as explained above, I am submitting my non negotiable demands for compensation.
I am considering proposed below settlement terms as fair and just under any and all circumstances, in this case.
As my New Year vacation as the result of flight cancellation were totally ruined, in addition to compensation, and all out of pocket expenses as stated above, as a replacement for my totally ruined vacations, I am requesting fully paid round trip (for two) for the „4th of July“ in Hawaii, between June 27, 2009 to to July 19, 2009, with, with return booked for August 27, 2009, (subject to my approval). The trip should include at least 21 pre-paid nights (two bedrooms suite) in Waikoloa Hawaii resort on Big Island of Hawaii.
Hilton Waikoloa village in Hawaii web pages:
http://www.hiltonwaikoloavillage.com
The settlement I am seeking is travel for two value about U$ 5, 000 21 days Hilton Waikoloa accommodation for 2 in a 2 bedroom suite, value about 25, 000 U$ and than 5, 000 Euro cancellation compensation in compliance with Infringement of Article 5 of Regulation (EC) No 261/2004.
Reimbursement for lost income during 25 days of those vacation in the amount of U$ 15, 000 (self employed).
Lufthansa's response:
Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Thank you for your Email dated 19 January.
We are very sorry to learn about the irregularities and difficulties you experienced as a result of a flight cancellation on 27 December. For your inconvenience and your trouble we would like to apologise most sincerely to you.
As a matter of course we have already contacted our partner United Airlines and are currently researching the reasons for these unfortunate events. We kindly ask you for your patience during our handling process. We will contact you as soon as we have obtained more information.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's second e-mail (2) response:
Thank you for your patience during our handling process.
We are sorry that you feel you have to write in English. Of course you can also write to us in your native language.
Our partner United has informed us about the details surrounding the cancellation of your flight UA 901 on 27 December from Frankfurt to San Francisco. During the ground operations a towing truck accidentally hit the wing of the airplane thus causing the winglet to break off. As this unfortunate event was an unforeseeable, unexpected and exceptional accident, the airline cannot be held liable in this case.
As a matter of course we and our partner still offer care and assistance to our passengers in such a situation. We very much regret that you felt that the service provided was not up to the standard you have come to expect from us. Due to the large numbers of guests who require assistance it is not always possible to honour personal requests as much as we would like to. We kindly ask for your understanding in this matter.
The ground staff in Frankfurt offered all involved passengers hotel accommodation. All major hotels operate shuttle buses from the airport that are free of charge for hotel guests. Therefore no transportation voucher was issued to you.
Since this unpleasant chain of events was caused by an accident and our partner United has fulfilled the EU regulation by offering accommodation to you, no further compensation can be paid in this instance.
We are glad that you could continue your journey the next day on LH 456 and we hope that in spite of the irregularities you had a successful and pleasant trip and you will choose Lufthansa again in the near future.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's e-mail response:
Thank you for your Email.
We are sorry that you are not satisfied with our response. However, concerning the opinion of Lufthansa the judgement of the European Court does not mean that airlines are liable for cancellations due to technical reasons which are beyond their control - as in this case. Therefore we kindly ask for your understanding that we cannot offer any additional compensation.
Please be advised that this will be our final response to you in regard to this case. If you have any other questions or concerns not related to the current claim, we would be glad to assist you.
It is our hope that these events will not keep you from choosing Lufthansa again for your journeys.Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's e-mail response:
Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
Lufthansa Customer Relation:
Germany
Deutsche Lufthansa AG
Deutschland
Gütersloh
Zip Code33322
Fax+[protected]
Help all to FIGHT BACK those crooks:
E-mail Lufthansa CEO, and other employees, tell them what YOU think of that shoddy airlines:
wolfgang.mayrhuber@dlh.de, publicrelations@LHsystems.com, andreas.bierwirth@dlh.de, carl.sigel@dlh.de, carsten.spohr@dlh.de, holger.hätty@dlh.de, lufthansa.europe.uk.ie@dlh.de, stefan.lauer@dlh.de, hubert.frach@dlh.de, jurgen.weber@dlh.de,
My name Fadh Alqashamah I traveled on 10/09/2007 and one of my luggage was lost Tickets or tag # LH 075045 When I got to my final destination in Sanaa Yemen they said that the luggage was not shipped from Detroit Michigan. Now I dont know where is my piece of luggage. Thank You!
Fadh Alqashamah
4842 Mead St
Dearborn, Mi 48126
Tel [protected]
Fax [protected]
poor service!
I traveled by Lufthansa flights from Hyderabad (India) to SFO (USA) on 27th from India.Though we had asked wheel chair for me and my wife at Frankfurt airport we were taken in the small car inside the airport to our terminal from the alighted terminal.We were asked to shift to three such cars(we had knee problem and still we managed with pain and all), asked to walk few yards etc., and finally asked to sit in the waiting hall near to the flight no 454 to sfo. Again at sfo after getting from the flight only one wheel chair was available though we asked for both of us. On top of it when I asked why like this sort of treatment even though we had booked well in advance the reply we got was astonishing. The gentleman told that if we want we could avail only one and told us to accept forcibly and shouted at me telling me not to argue and block the way. Finally I put my wife in the wheel chair and came out. Being a elderly persons with some problems only we ask for wheelchair helps and the and this treatment we got is really painful.
The same airlines gave us nice treatment when we traveled by Lufthansa in 2005 April to USA from India.
I hope they would correct and extend courteous treatment in future to one and all!
I don't believe that all LH employees are racists. You might have had a bad experience but I would not call LH a racist company. I had some really good experiences with very nice and helpful employees and i am saying this despite my negative experiences with this company. I believe that it is unfair against the nice ones who try to give their best in a difficult working environment.
The one Airline that I will definitely avoid under any circumstances is Air India. I used them only once and that was enough. (canceled flight due to the lack of passengers, had to spend night at the airport, no hotel, no compensation, no refund for the new ticket that I had to buy for my connecting flight..)
I am not surprised by reading this complaint. I traveled in Lufthansa 3 times so far between India and USA, for now I am forced to travel in this stupid airline because I don't have alternative direct flight choice to HYD - India. Lufthansa is operated by a bunch of racists who treat indian passengers like dogs. I am not flying Lufthansa any more, all indians should ban this airline. I am waiting for Indian private sector to take over Indian market.
terrible costumer service!
The BEST advice I can give anyone who is about to fly Lufthansa is DON'T CHECK YOUR BAGS! Thats if you can help it... I recently flew Lufthansa from Venice to Miami with a plane change in Frankfurt. The customer service agent in Venice informed that I could only take one carry on bag with me, I had a small rollerboard type suitcase, a small tote, and a laptop in a laptop case inside my rollerboard.. So I decided to take my laptop and check my small tote and rollerboard.
We boarded the flight in Venice and had to sit on the plane at the gate for over two hours due to bad weather in Frankfurt, we arrived in Frankfurt 20 minutes after our connecting flight to Miami was scheduled to leave but decided to run to the gate just in case the flight to Miami was still at the gate which it was and we boarded the flight. When we arrived in Miami I was not surprised that our luggage did not make it due to the short connection time. We quickly went to the baggage counter and filled out a claim at which time I was told that my bags would be on the next flight, which would have been Friday and that I would receive a phone call after the bags cleared customs and were picked up by the driver who was to deliver them to my home giving me a time frame on when he would deliver them. After waiting all day and not hearing from Lufthansa I decided to call the 800 Number at about 8pm at which time I was told that my bags were not loaded on the flight and that there had been bad weather in Frankfurt and my bags should be on tomorrow(Saturdays) flight. Well, Saturday came and went and still I heard nothing from Lufthansa, so at about 8pm I call them and am told that my bags were not loaded on todays flight and to check back tomorrow (Sunday) in the mean time my cell phone has lost its charge because my charger was in my luggage so I was forced to buy a new one. So Sunday at about 2pm I called Lufthansa and was informed that one of my bags was loaded on the flight and that the driver would call me once he picked the bag up, well after waiting all day like I had be doing for the last 3 days I called the 800 number for baggage and was treated horrible by the lady on the phone! She kept saying "MAAM, your bag was one of 93 bags loaded on this flight today, it made me feel like my bag was just a number, which I know it was to her but it is not the appropriate thing to say to someone who is and has been without their personal things (I had a ton of clothes in my bag as I had been away for a while) finally at 1045 pm Sunday night a man showed up with my small tote bag , I was hoping the one bag that was loaded was my larger bag that contained most of my things... But at least I had one. On Monday I called and was told my second bag was on the load list for the flight that day so again I waited all day for the call which once again I never received, I called the 800 number for baggage and was told my bag did not arrive in Miami and was scheduled for Tuesday... So Tuesday I call and was told that yes my bag had arrived, at which time I offered to pick up my bag and was told no that was not a good idea the driver was scheduled to pick up the bag , at about six pm I did receive a call from the driver saying he would deliver the bag between 8 and9 pm So once again I rearrange my schedule and I wait and wait and finally at 1245 am my bag is delivered! While I am so relieved to have my things back, I am disgusted with Lufthansa and their lack of regard for my property and most of all my time. I was never once offered an apology and was treated horrible when I called to check on my bags. I by choice will never fly Lufthansa again and will tell my company to never book me on them again. I will never ever check a bag on any airline again. Lufthansa is by far the worst customer service experience I have ever had!
Although very comfortable for the price and very welcoming at airport and on flight, the structure of the customer relations service is absolutely terrible, the worst ever seen all services put together. The company makes it impossible for customers to reach their staff to claim anything for lost luggage, putting customer in a complete black hole when it comes to track the complaints sent through their website - as it is the only way to complain! The company does not even care replying to complaints except for sending an automatic response saying the complaint has been received. 1st time flying with them and definitely the last one.
The BEST advice I can give anyone who is about to fly Lufthansa is DON'T CHECK YOUR BAGS!Do not ever fly Lufthansa . We boarded the flight in Warsaw flaying on september 2 2009 to Chicago when we arrived in Chicago I was surprised that our luggage did not make it . We quickly went to the baggage counter and filled out a claim, I was told that my bags would be on the next flight, when my bags arrive after the bags cleared customs and were picked up by the driver who was to deliver them to my home i find my bag with mising bootom, and all my personal things was missing . The total lost over few thousand US$ >In January2010 still not resolve claim.
This airline used to be good - now it ranks as one of the most cut-rate "pretend luxury" airlines on the list. Terrible service - even for business class passengers.
Lufthansa does not care about the passengers only their profit!
Do not ever fly Lufthansa. They take your money and do not give you the service. There are countless complaints against them. They ignore customer complaints. In fact in 30 minutes I could not find a customer complaint email address! It does not exist. They simply don't care about their customers.
Please read the complaints about is company. Don't waste you time or money. There are many other carriers who do care about their customers who will work with you. This company doesn't care about you or your needs. Ok you try to find the customer complaint email address. I dare you!
Best advice?
Do not fly Lufthansa!
I encourage every one to Boycott the worst world wide airline:
Lufthansa German shoddy predatory greedy Airline !
Let them as they are planning to do ... dream to acquire other airlines and to destroy the competition: Air Austria, Air Italy, LOT, Swiss Air.
Would you fly to be screwed, arrested and even jailed?
Fly LUFTHANSA!
Lufthansa apparent Customer Service and Marketing Plan: Screw them!
LUFTHANSA CEO WOLFGANG MAYRHUBER Marketing Plan:
Hire the cheap incompetent idiots as stewardeses and ###s as captains, for your money they will help you to be arrested jailed and fined, just for supporting and flying on shoddy LUFTHANSA Airlines in old tradition of SS!
On February 10, 2009 the people of Poland were told and had the best proof how well the employees of LUFTHNSA are carring about passengers, when member of Polish parlament, candidate for polish Premier, Jan Maria Rokita on Lufthansa flight LH3336 first was assaulted by Lufthansa stewardess, than late after her racist behavior and fraudulent claim to aircraft captain, he and his wife were denied boarding and due to fraudulently claimed alleged “agressive behavior“ wrongfully arrested by evidently racist German police.
Lufthansa Airlines confirmed that on 10 of February, 2009, the passenger was escorted by the German authorities from the aircraft on flight LH3336 between Munich and Cracow.
Unfortunatelly the idiots from Lufthansa did not know the gentelman whom they assaulted, was11.07.1992 - 26.10.1993 Chief of the Office of the Council of Ministers, the potential Prime Minister of Poland, Member of Parliment, and his wife Nelly Rokita, who is the adviser of Polish President Lech Kaczynski, but the polish citizens know very well his always set back and restrained behavior. In 2003, Jan Maria Rokita was awarded “Man of the Year“ title, which is a very prestigious award.
That is the marketing act of the century!
Lufthansa latest Marketing slogan:
We hope that in spite of the irregularities you had a successful and pleasant trip and you will choose Lufthansa again in the near future.
Really?
I hope you will be soon out of business, you damn german crooks!
My best LUFTHANSA EXPERIENCE:
Canceled flight LH 9052 on trip to Honolulu, Hawaii:
Iterinary:
GDN LO 359, Saturday, December 27, 2008
FRA UA 901 / LH9052, Saturday, December 27, 2008
SFO UA 79 / LH9136 Saturday, December 27, 2008
HNL UA1036, Saturday, January 17, 2009
SFO UA 0906, Sunday, January 18, 2009
MUC LO 396 Sunday, January 18, 2009
Lufthansa knowingly abandoned the passengers, failed to inform them of their rights, than refused to pay mandatory cancellation compensation.
The governing laws:
● Regulation (EC) No 261/2004, being valid from February 17, 2005, establishing common rules on compensation and assistance to passengers in the event of of cancellation of flights. In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, and this definitively is not the case.
● European Court of Justice: case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008. The European Tribunal of Justice (EJC) on December 22, 2008, in Wallentin-Hermann case closed the loophole of always abused frivolous interpretations used by the airlines of “technical or extraordinary circumstances“, when further defined and limited the use of such defense. Finally the definition of “technical and / or extraordinary circumstances“ by the ECJ court now stands firm and solid. Any carrier must prove that the alleged mechanical problem leading to the cancellation was “beyond its actual control, ” the court affirmed in a statement.
Complaint:
In case of any flight cancellation for whatever reasons the airline(s) are required to provide passengers with:
• emergency flight booking, and an alternative transport to final destination, what was not at all done by either of the airlines.
Canceled was the segment (UA 901 / LH 9052) of my multiple segments flight, starting on December 27, 2008. The flight operator is United Airlines (UA 901) while the contractual booking carier is Lufthansa with flight number LH 9052.
My reservation was through Lufthansa airlines on Lufthansa flight LH9052, I am entitled to claim compensation from Lufthansa, the airline with which I have the contract, for breach of that contract.
The governing laws:
● Regulation (EC) No 261/2004, being valid from February 17, 2005, establishing common rules on compensation and assistance to passengers in the event of of cancellation of flights. In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, and this definitively is not the case.
● European Court of Justice: case Wallentin-Hermann v. Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008. The European Tribunal of Justice (EJC) on December 22, 2008, in Wallentin-Hermann case closed the loophole of always abused frivolous interpretations used by the airlines of “technical or extraordinary circumstances“, when further defined and limited the use of such defense. Finally the definition of “technical and / or extraordinary circumstances“ by the ECJ court now stands firm and solid. Any carrier must prove that the alleged mechanical problem leading to the cancellation was “beyond its actual control, ” the court affirmed in a statement.
Flight Cancellation (Article 5): Cancellation is the non-operation of a scheduled flight on which at least one place was reserved. From this, claims for compensation and assistance under Articles 7, 8 and 9 of the a.m. EC Regulation will arise (see summary in the attached table). Under extraordinary circumstances, the operating air carrier is partially or totally exempt from the obligations under the a.m. EC Regulation. Examples: Political instability, meteorological conditions incompatible with the operation of the flight, security risks, unexpected flight safety shortcomings, strikes, etc.
Disclosure:
The operating air carrier is obliged to comprehensively inform the passengers of this EC
Regulation. For this purpose a notice at check-in is required and in addition a written
description of the rules for compensation and assistance in the case of denied boarding,
cancellation or a delay of more than two hours is to be handed over to each passenger
concerned. At the same time the passengers shall be informed in writing of the responsible
body for complaints.
Derogating or restrictive clauses in the contract of carriage cannot limit or preclude the
contents of the Regulation.
Policy enforcement: The Luftfahrt-Bundesamt (LBA) is the competent authority for the implementation of Regulation (EC) No 261/2004 in Germany. Under this task the LBA analyses on the basis of the complaints the individual air carriers’ policies and causes the air carriers to eliminate systematic infringements of the EC Regulation. If necessary, sanctions will be imposed consisting of fines. The aim is to ensure proper implementation of the consumer protection regulation according to EC law in Germany and to reduce the causes for passenger complaints.
Rights to compensation : Under the following conditions, compensation or assistance according to the EC Regulation (Article 3) may be claimed:
1. The passenger is departing from a German airport or the passenger is departing from an airport in a third country, the arrival airport is a German airport and the operating air carrier is an air carrier licensed under the Council Regulation (EEC) No 2407/92.
2. The passenger has a confirmed reservation and presents himself/herself for check-in at
the time indicated in advance or if no time has been specified, not later than 45 minutes before the published time of departure or the passenger has been transferred by the air carrier or the tour operator from a booked flight to another flight and presents himself/herself for check-in at the time indicated in advance or, if no time has been specified, not later than 45 minutes before the published time of departure.
Determination of compensability: In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
The reasons leading to the flight cancellation shall be given in the form of the statements as requested in this form and shall be verified by appropriate documentation. LBA will resolve upon the acceptance of the statements on the basis of the information and documentation provided.
Information about the kind of documentation that is to be provided as means of proof is given in the note boxes coloured in grey (see below) in each section. If more than one complaint refers to the same flight, it is sufficient to fill out the just once. In this case, however, the LBA reference No of the complaints concerned shall be stated in section 3.
This form is to be signed in section 8 by the person acc to article 63d lit. 4 of Luftverkehrs-Zulassungs-Ordnung (German Air Navigation Certification Order) being the competent person for clearing and accepting complaints in your company.
Changes concerning this person and/or in the contact addresses are to be declared in writing to LBA without delay. If your company has not yet provided this information, the person and/or the contact address are to be announced in writing to LBA without further delay.
If one is refused entry to flight because of overbooking or find that your flight has been cancelled, the airline must hand you a leaflet explaining your rights and describing how much money one is entitled to. The rates are: ● Flights of 1, 500 km or less: € 250 ● Flights between 1, 500 km and 3, 500 km: € 400 ● Flights of more than 3, 500 km: € 600
It is up to enforcement agency LBA to determine if airline is obliged to pay compensation, not by Lufthansa customer service office clerks (Fabian Herrmann and Janine Seidel) or United customer relationship.
Airlines liability insurance minimum coverage: The law requires mandatory insurance for each airline against liability as follow: In accordance with Article 6 of the Regulation (EC) No 785/2004 and §§ 45-47 Luftverkehrsgesetz (Air Navigation Act) the minimum liability insurance cover in respect of passengers, baggage and cargo shall be as follows:
● 250.000 special drawing rights per passenger for bodily injury
● 4.150 special drawing rights per passenger for delayed carriage of passengers
● 1.000 special drawing rights per passenger for damage to baggage and delayed carriage of baggage ● 17 special drawing rights per kilogram for damage to cargoBoth, Lufthansa Airline or United Airline never handed to any of the passengers as required liflets and / or explaining customers rights.
Passengers rights enforcement:
The competency to deal with passengers complaint is with the national enforcement body where the flight - segment problem had its origin, and / or where the airline is domiciled.
Consequtly I have requested mandatory compensation from Lufthansa airline as the result of canceled one of the segments of my on round trip flight from Gdansk (GDN) Poland, to Honolulu (HNL), Hawaii, USA.
The European Court of Justice assured that the airlines must pay up, unless the technical fault was due to “exceptional circumstances“ exclusively defined by the court, such as an act of terrorism or deliberate sabotage.
Further the compensation may be refused only, if the technical problems stem from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier, are beyond its actual control.
Both airlines in violation of Regulation (EC) No 261/2004, negligently abandoned the passengers. Both United Airlines as well as Lufthansa are jointly in contempt of the European Court of Justice. The final decision in Wallentin-Hermann case final verdict, was delivered in mid December of 2008.
The law requires that in situation like this airlines, not the passengers themselves, arranges reservation service as the replacement for cancelled flights, what was never offered or done. Both United Airlines as well Lufthansa not communicating with each other, are “Star Alliance“ members.
Over public announcement service we were informed to seek the hotel Steigenberger, and no one who is not familiar with the town could not locate them. We were only told where to go to the exit, nobody assisted us to find hotel shutlle bus-stop. We were running to and from seeking that bus stop. There was no any form of help to direct us in the right direction.
All Lufthansa did is to tell all passengers to call toll free number: [protected], to United Airlines located “somewhere“ in all center in the United States.
Consequently as many passengers were calling at the same time it was impossible to get to United Airlines employees, the phone were busy, the waiting time was tremendous, mobile (cellular) telephone bill as the consequence are enormous.
If someone was lucky and get connected after several hours of trying, than United told Lufthansa passengers, that have no records of any passengers booked as Lufthansa passengers, and in my cast I am not listed on United Airlines Flight UA 901 passengers list, only due to incompetence of airline employees causing counterproductive tremendous stress, aggravation and tremendous general confusion.
My flight was more than 3, 500 km and as the boarding was denied, I am entitled to the regulatory damage of not less than € 600, plus any and all the expenses on any consequent flights.
In addition should any airline flying from EU airports responsible for the delay or cancelation of the flight anywhere in the world, passengers are entitled to claim 4, 150 SDR (Special Drawing Right), which at the currency exchange rate was about 4, 897.00 €, equivalent of about 6, 300.00 U$, (the exchange rates needs to be prorated to actual currency exchange rates on the day of occurrence, December 27, 2008).
Both airlines after the incident caused only by airlines negligence, ground support mechanics damaged the winglet of the aircraft, negligently abandoned all passengers.
Incident was clearly preventable, was caused only as the result of not following by airline(s) personel mandatory operating safety procedures on the airport ground, tarmac, by ground support crews. The parties are governed by the binding contract and whenever a passenger purchases a ticket, he does so for a comfortable journey.
Travel time: As the travel took from 05:00 am Friday, December 27, 2008 Polish time, (06:00 pm Friday, December 26, 2008, Honolulu time) with the arrival (landing) at 11:55 am, Sunday, December 29, Polish time (Sunday, December 28, 2008 10:55 pm Honolulu time), with consequently lost luggage which was delivered at the local address, which I have received later at 4:00 am Honolulu Time, all time being sleepless. My entire hardly earned vacation were ruined by flight delay. That is almost 58 sleepless hours in transit or travel.
Compensation entitlement: Regulation 5 (EC) No 261/2004, European Court of Justice in Luxembourg: Case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008.
Justice agreed that any technical issues during aircraft maintenance don’t constitute “extraordinary circumstances” that would allow airlines to avoid paying passengers compensation for canceled flights.
In its judgment, the Fourth Chamber of the Court of Justice held:
“Extraordinary circumstances” was not defined in the 2004 Regulation, but the phrase was to be interpreted narrowly since article 5(3) constituted a derogation from the principle, indicated in recitals 1 and 2 of the preamble, of protection of consumers, in as much as cancellation of flights caused serious inconvenience to passengers.
In addition to denied boarding on flight of more than 3, 500 km, compensation of not less than € 600, I am entitled also to claim flight cancelation 4, 150.0 SDR (Special Drawing Right), of about 4, 897.00 €. I am also entitled to any and all incurred travel expenses, and any legal fees I should encounter.
Airlines failed to provide mandatory accommodations after flight cancellation. No notifications, no refreshments (until 18:00 - 6:00pm with first and quite late meal), no flight reservation service.
Travel expenses (reconstructed or estimated): Phone calls expenses related to notifying other party (long distance and rooming fees) about flight delay (air time on 2 mobile phones): lump sum of 20, 00 €. Reimbursement for the lunch at Frankurt Airport of 25, 00 € . Air time on my mobile phone for calling for seveal hours from Frankfurt to toll free number in United States lump sum of 25, 00 €. Refreshments at Frankfurt 20, 00 €. Entertainment at Frankfurt, while forced to spend night at hotel 50, 00 €. Meals while waiting at the San Francisco airport (per diem), lump sum of 35, 00 €, refreshments 20, 00 €. Taxi in Honolulu lump sum of 25, 00 € (I missed the free transpportation from Airport to residence). Refreshments and dinner in Honolulu (per diem) 50, 00 €. Recuperation from jet lag after the travel (5 days) at per diem rate of 500, 00 € per day.
Total claimed lump sump casual and ordinary out of pocket travel expenses are: 2, 9035.00 €.
Complaint preparation fees 250.00 €.
What was the air carrier’s reaction?
Lufthansa after classical stunt of denial of the compensability due to as alleged fraudulent claim “ unfortunate event was an unforeseeable, unexpected and exceptional accident“ and is now arogantly ignoring me, is NOT at all responding any more to any correspondance related to claim submitted via e-mail, or their website.
The communication with the airline is extremally difficult. Airline(s) has not informed passengers of their rights, neither has disclosed any proper procedures for submitting complaint, and such despite the demand were never disclosed to me, to properly communicate between the passengers and the carriers. Many passengers as foreign nationals were not proficient in german or english languages.
1. The flight was cancelled. Both United Airlines as well Lufthansa are Star Alliance members. Passengers were abandoned by both airlines.
2. All Lufthansa did was to provide passengers with the Toll Free number: [protected], of course to United Airlines located somewhere in the United States. No efforts were undertaken to accommodate the (non English speaking passengers). Many foreign travelers couldn't also not speak German. Many were Germans, who are not obliged to speaking English in their home country!.
3. Over public announcement service we were informed to seek the hotel Steigenberger. There was no any form of help to direct us in the right direction.
4. Passengers booked on United Flight under Lufthansa were told by United that they are not on passengers list. I learnt about it after my call to United Number [protected]. Only by jogging from Hotel to Airport, and between United and Lufthansa with substantial arguments the passengers were able to fight themselves for the reservations, on connecting flights.
5. The stress was building up as: Lufthansa persistently mislead all passengers claiming that it was United flight and reservations must be made with United Airlines by the passengers. United refused to accommodate Lufthansa passengers.
6. In case of cancelled flight the airline has the obligation to arrange the reservations for the passengers not the passengers themselves.
7. That is what the passengers are paying for to their travel agents. The Star Alliance members are required to settle their professional duties between themselves. Abandoning passengers in case like this raises to criminal negligence.
8. The Airline is responsible to accommodate the passengers in any way passengers may require, with no exception.
10. As it was impossible to connect with United as to many abandoned passengers were calling reservation office in the US.
11. Many people on that flight were even non English speaking people (Polish, German, French, Italians, Russians, etc.)
12. Shockingly passengers booked on this flight through exchange with Lufthansa, apparently according to United Airlines, were not on the list of the United Airlines.
13. No any form of assistance either by either Lufthansa or UNITED AIRLINES were ever offered to any passengers at Frankurt Airport. That is contrary to statments in the email. Passengers were abandoned, were forced to make their own travel arrangements, despite that they were not proficient in foreign to them language(s).
14. Considering that the damaged aircraft was Boeing 747 400 series, accommodating close to at whether they had made adequate arrangements for a substitute plane to be available. Typical seating capacity of Boeing 747- 400 series is 524 passengers. Instead of abandoning passengers after flight cancellation, carrier should immediately arrange for substitute plane through any available airline brokerage. Providing replacement booking for such a huge number of passengers on already booked flights was clearly mission impossible, arogant, unprofessional, ruthless and highly questionable regarding the airlines mission statement, its approach to passengers, and business. It well demonstrates how well the airline is organized and how really cares about its passengers.
Some passengers spent over 3 nervous days without the assistance of Lufthansa or United Airlines awaiting for the booking.
15. Neither of airlines have had a substitude stand by aircraft at any of the nearest European hubs.
Lufthansa deliberately and with malice misleads passengers, denies compensation in violation of the governing law(s) and in contempt of European Court of Justice rulling in Wallentin- Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), dated December 22, 2008.
Citations from Lufthansa written response to the request for compensation: ( customer.feedback.eu@lufthansa.com ) *(for full e-mail replies by Lufthansa, please see attachments (3) on the end of this complaint.
“Our partner United has informed us about the details surrounding the cancellation of your flight UA 901 on 27 December from Frankfurt to San Francisco. During the ground operations a towing truck accidentally hit the wing of the airplane thus causing the winglet to break off. As this unfortunate event was an unforeseeable, unexpected and exceptional accident, the airline cannot be held liable in this case.“
_________________________________________________________________________________
“We are sorry that you are not satisfied with our response. However, concerning the opinion of Lufthansa the judgement of the European Court does not mean that airlines are liable for cancellations due to technical reasons which are beyond their control - as in this case. Therefore we kindly ask for your understanding that we cannot offer any additional compensation.“ _________________________________________________________________________________
“Please be advised that this will be our final response to you in regard to this case. If you have any other questions or concerns not related to the current claim, we would be glad to assist you.“
_________________________________________________________________________________ “Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.“
Fabian Herrmann and Janine Seidel as the employees in charge, should be properly trained by the airline, knowledgeable about all mandatory legal requirements, helpful, and authorized to act in the best interest not only of carrier but first the passengers. Based on objective evidence and an intentional attempt to escape from liability, by any and all means, by writing targeted, predatory, purposly misleading counterproductive emails on behave of Lufthansa customer reations, resulted only in uncalled aggrevation, and substantial waste of time. Considering criminal behavior of those Lufthansa employees, who accepted on themselves to make the determination of compensability, while not authorised and qualified to do so, justify maximum sanctions of 25, 000 € to be imposed by this enforcement agency on Lufthansa.
All travel expanses are reconstructed, as it is impractical and impossible to keep exact accounting of petty cash, in many cases the receipts were lost or not provided.
Cost of living (COLA) in Honolulu, Hawaii, USA, is higher than in any other states. For tourist daily cost of surviving (hotel, meals, refreshments and entertainment) in Hawaii (per diem) is not less than estimated 500, 00 to 600, 00 U$ per person.
It is up to the carrier (LUFTHANSA) to make me now an offer that I can't refuse.
1 SDR *(Special Drawing Right) is worth about 1.18 €.
€1.00 is equal to about U$1.285.
Law and case references:
http://curia.europa.eu/en/actu/communiques/cp08/aff/cp080100en.pdf
http://www.icao.int/icao/en/leb/mtl99.pdf
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:046:0001:0007:EN:PDF
Consequences of flight cancellation and delay: Consequently after such extremely long travel (58 hors), I have been devastatingly exhausted and needed full week of time for after travel recovery from time change and jet lag, as due to nervous situation, I was unable to sleep either in the hotel and later on the airplane during the flight. I have been to tired to enjoy the New Year event in Honolulu, which we planned for several months before. Consequently I was than unable to travel as planed to Kuai, Maui, Molokai and Big Island of Hawaii, during my 3 weeks of vacation due to extreme exhaustion after such a long flight.
My vacation plans in Hawaii were substantially affected by the unplanned and uncalled change in flight schedule, as neither of the airlines have not timely provided a substitute plane from the nearest hub, what should be done with a minimum time delay. My vacation Plans as well as my companion arriving separately, were also totally ruined, as we were unable to enjoy either New Year, or other pre-planed trips, activities and / or business meetings.
Settlement: The amount of settlement to be paid is always subject to negotiations. I am requesting settlement as proposed below, saying so, under all special circumstances of this case, as explained above, I am submitting my non negotiable demands for compensation.
I am considering proposed below settlement terms as fair and just under any and all circumstances, in this case.
As my New Year vacation as the result of flight cancellation were totally ruined, in addition to compensation, and all out of pocket expenses as stated above, as a replacement for my totally ruined vacations, I am requesting fully paid round trip (for two) for the „4th of July“ in Hawaii, between June 27, 2009 to to July 19, 2009, with, with return booked for August 27, 2009, (subject to my approval). The trip should include at least 21 pre-paid nights (two bedrooms suite) in Waikoloa Hawaii resort on Big Island of Hawaii.
Hilton Waikoloa village in Hawaii web pages:
http://www.hiltonwaikoloavillage.com
The settlement I am seeking is travel for two value about U$ 5, 000 21 days Hilton Waikoloa accommodation for 2 in a 2 bedroom suite, value about 25, 000 U$ and than 5, 000 Euro cancellation compensation in compliance with Infringement of Article 5 of Regulation (EC) No 261/2004.
Reimbursement for lost income during 25 days of those vacation in the amount of U$ 15, 000 (self employed).
Lufthansa's response:
Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Thank you for your Email dated 19 January.
We are very sorry to learn about the irregularities and difficulties you experienced as a result of a flight cancellation on 27 December. For your inconvenience and your trouble we would like to apologise most sincerely to you.
As a matter of course we have already contacted our partner United Airlines and are currently researching the reasons for these unfortunate events. We kindly ask you for your patience during our handling process. We will contact you as soon as we have obtained more information.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's second e-mail (2) response:
Thank you for your patience during our handling process.
We are sorry that you feel you have to write in English. Of course you can also write to us in your native language.
Our partner United has informed us about the details surrounding the cancellation of your flight UA 901 on 27 December from Frankfurt to San Francisco. During the ground operations a towing truck accidentally hit the wing of the airplane thus causing the winglet to break off. As this unfortunate event was an unforeseeable, unexpected and exceptional accident, the airline cannot be held liable in this case.
As a matter of course we and our partner still offer care and assistance to our passengers in such a situation. We very much regret that you felt that the service provided was not up to the standard you have come to expect from us. Due to the large numbers of guests who require assistance it is not always possible to honour personal requests as much as we would like to. We kindly ask for your understanding in this matter.
The ground staff in Frankfurt offered all involved passengers hotel accommodation. All major hotels operate shuttle buses from the airport that are free of charge for hotel guests. Therefore no transportation voucher was issued to you.
Since this unpleasant chain of events was caused by an accident and our partner United has fulfilled the EU regulation by offering accommodation to you, no further compensation can be paid in this instance.
We are glad that you could continue your journey the next day on LH 456 and we hope that in spite of the irregularities you had a successful and pleasant trip and you will choose Lufthansa again in the near future.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's e-mail response:
Thank you for your Email.
We are sorry that you are not satisfied with our response. However, concerning the opinion of Lufthansa the judgement of the European Court does not mean that airlines are liable for cancellations due to technical reasons which are beyond their control - as in this case. Therefore we kindly ask for your understanding that we cannot offer any additional compensation.
Please be advised that this will be our final response to you in regard to this case. If you have any other questions or concerns not related to the current claim, we would be glad to assist you.
It is our hope that these events will not keep you from choosing Lufthansa again for your journeys.Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's e-mail response:
Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
Lufthansa Customer Relation:
Germany
Deutsche Lufthansa AG
Deutschland
Gütersloh
Zip Code33322
Fax+[protected]
Help all to FIGHT BACK those crooks:
E-mail Lufthansa CEO, and other employees, tell them what YOU think of that shoddy airlines:
wolfgang.mayrhuber@dlh.de, publicrelations@LHsystems.com, andreas.bierwirth@dlh.de, carl.sigel@dlh.de, carsten.spohr@dlh.de, holger.hätty@dlh.de, lufthansa.europe.uk.ie@dlh.de, stefan.lauer@dlh.de, hubert.frach@dlh.de, jurgen.weber@dlh.de,
mistreatment / mishandling following ticket problems
Re: Lufthansa
My companion Ms. Milena Mancuso and I have flown Lufthansa many many times over the past seven years for our regular visits to the United States and have been satisfied with your services. Which is why we were extremely surprised and disappointed by the way we were treated during our last round trip from Marseille, France to Chicago, USA via Munich on 13 April 2007.
When we arrived in Munich at 8:45 that morning, my companion's Italian passport was erroneously refused by the private security service employed by the Munich Airport. We were immediately aware that a mistake had been made, and have since obtained proof from both the US Border Police in Chicago and from the Italian Consul in Marseilles that a mistake was in fact made and that her passport is perfectly valid. But by the time the problem could have been resolved, our flight had already left for Chicago.
Your agent at the Lufthansa service desk in Munich agreed that a mistake had been made, and agreed to put my companion's ticket on hold until we could get the problem resolved, and Ms. Mancuso had her ticket changed so that she could fly back to Marseilles. We then learned that the Lufthansa agent who had checked us in that morning at Marignane in Marseille had erroneously put all three bags under my name without informing me. This meant that Ms. Mancuso was forced to fly back to Marseille without her bag.
The next morning, she learned from her travel agent in Marseilles that her ticket from Munich to Chicago had not been put on hold, as your agent in Munich had told us, but had in fact been canceled as it had not been used!
Meanwhile, I flew on ahead to Chicago with our two year-old daughter. I arrived in Chicago the next day to discover that Lufthansa had lost all our bags. I was told that our bags might be arriving at Milwaukee's Mitchell Airport (the closest location to my final destination in the US), two days later, but that someone would call me to confirm first. No one ever called, so I drove out to the airport two days later, to find my daughter's bag (my bag and my wife's were still missing) sitting right out in the middle of the public access terminal with many other piles of bags, where anyone could have taken it! I was told that US Airways had flown it to Milwaukee, but their agents had no record of the bag I'd found. The next day, I found my bag and my wife's sitting out in the street in front of my mother's house upon returning home that afternoon, and no one had called to tell me they were coming.
Ms. Mancuso was forced to buy a new round trip ticket, this time with Alitalia and transferring in Milan, with the same return date: 27 April 2007. Before taking our return flight on 27 April, I called the Lufthansa Customer Service Department in the US to confirm our flights, asking specifically if Ms. Mancuso's ticket Chicago-Munich-Marseille was still valid. I was informed that it was. Ms. Mancuso's travel agent checked as well in Marseille, and your agency in France also confirmed her return ticket.
When we arrived at Chicago O'Hare for our return flight, Ms. Mohrmann, the woman who checked us in, gave us our three boarding passes through to Marseille, but could not establish a seat number for Ms. Mancuso's Munich-Marseille ticket. She informed us there was a computer problem but that we would get the seat assignment when we passed by the Lufthansa Customer Service in Munich.
I explained to her that if there were any problems with my wife's ticket she should tell us now, because my wife was prepared to use her Alitalia ticket to take the return flight to Milan that was leaving from Chicago that same afternoon. Ms. Mohrmann assured me that we would have no problem. She also said that she was sending a telex ahead to Munich to inform them of the problem. A few minutes later at the gate, I noticed that there was only twenty minutes between the arrival and departure times in Munich, so I asked the agent at the gate, Mr. Curtic, to resolve the problem before we left. He said that he could not, but not to worry; a telex had been sent ahead to Munich, and since there was so little time between the flights, someone would be waiting for us at the gate to take us right over to the Marseilles flight. A Lufthansa agent would quickly find us a seat, he assured me. So Ms. Mancuso decided to travel with me and our daughter instead of on Alitalia.
Alas, we never should have listened to Mr. Curtic. When we arrived in Munich, no one from Lufthansa was waiting for us, leaving me, my pregnant companion, and my two-year old daughter approximately twelve minutes to run across two terminals of the Munich Airport and to go through security. We arrived exhausted at the gate for the Marseille flight. Here, we were told by your agent, Ms. Scholz, that Ms. Mancuso could not enter the airplane, and that I would have to run back to customer service to resolve the problem. Ms. Scholz refused to give us the seat assignment even when I told her we had all just literally run to make the flight. She would not let us on the airplane.
At customer service, your agents refused to help me, saying that the agent in Chicago had, in fact, misled us. When I said a telex had been sent, your agent, Ms. Blattenberger, only smiled ironically and didn't even bother going to check! Her superior, Mr. Arico was particularly unsympathetic. He informed me that the boarding pass I had in my hand was not a ticket, but only a RESERVATION for a ticket, and Ms. Mancuso had no ticket at all. He said all he could do was sell me a new ticket, but there was no more places on any flights that day, and that me, my pregnant companion, and our two-year old daughter would just have to stay in the airport that night or go to a hotel.
You can imagine how upset I was. I told him I would have been willing to discuss the matter the morning before in Chicago, but there was no way that Lufthansa could issue us what they said were tickets in the US and then refuse them in Munich. He said there was nothing he could do, and refused to be helpful in any way. I continued to complain and demanded he call his superior, who finally told him to change Ms. Mancuso's unused ticket Munich-Chicago into a ticket Munich-Marseille (which proves her ticket from Munich to Chicago was in fact still valid). Mr. Arico still told us that we could not fly out on that same day, despite the fact that my wife was pregnant and not feeling well and we were with our two-year old daughter. He couldn't have cared less.
Luckily, there were technical problems with the airplane for our Munich-Marseille 6:10 am flight, and it left one hour late. Please note that I was the one who discovered the flight was late, and not Mr. Arico. I told him twice that the flight was late but he refused to believe me. I insisted he check and he finally saw it on his screen. We were finally able to use Ms. Mancuso's original reservation to get her a seat on the flight. If the flight had been on time, Mr. Arico and Ms. Scholz would have left us stranded in Munich.
I'm afraid all this mistreatment is just too much to accept. Your company bungled our trip from beginning to end and ruined our vacation. We were misled in Munich, lied to in Chicago, and mistreated by your personnel when we tried to explain what had happened after arriving exhausted and panicked in Munich. I have already contacted our family lawyer but I first wanted to let your service know how we were mistreated, and ask you to reimburse Ms. Mancuso's ticket. We feel that this is the least you can do. It's much more than about the money; you can't treat your customers so callously and shuffle them around to various airports, especially with a pregnant women who is unwell and traveling with a young child.
Lufthansa latest Marketing slogan:
We hope that in spite of the irregularities you had a successful and pleasant trip and you will choose Lufthansa again in the near future.
Really?
I hope you will be soon out of business, you damn german crooks!
My best LUFTHANSA EXPERIENCE:
Canceled flight LH 9052 on trip to Honolulu, Hawaii:
Iterinary:
GDN LO 359, Saturday, December 27, 2008
FRA UA 901 / LH9052, Saturday, December 27, 2008
SFO UA 79 / LH9136 Saturday, December 27, 2008
HNL UA1036, Saturday, January 17, 2009
SFO UA 0906, Sunday, January 18, 2009
MUC LO 396 Sunday, January 18, 2009
Lufthansa knowingly abandoned the passengers, failed to inform them of their rights, than refused to pay mandatory cancellation compensation.
The governing laws:
● Regulation (EC) No 261/2004, being valid from February 17, 2005, establishing common rules on compensation and assistance to passengers in the event of of cancellation of flights. In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, and this definitively is not the case.
● European Court of Justice: case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008. The European Tribunal of Justice (EJC) on December 22, 2008, in Wallentin-Hermann case closed the loophole of always abused frivolous interpretations used by the airlines of “technical or extraordinary circumstances“, when further defined and limited the use of such defense. Finally the definition of “technical and / or extraordinary circumstances“ by the ECJ court now stands firm and solid. Any carrier must prove that the alleged mechanical problem leading to the cancellation was “beyond its actual control, ” the court affirmed in a statement.
Complaint:
In case of any flight cancellation for whatever reasons the airline(s) are required to provide passengers with:
• emergency flight booking, and an alternative transport to final destination, what was not at all done by either of the airlines.
Canceled was the segment (UA 901 / LH 9052) of my multiple segments flight, starting on December 27, 2008. The flight operator is United Airlines (UA 901) while the contractual booking carier is Lufthansa with flight number LH 9052.
My reservation was through Lufthansa airlines on Lufthansa flight LH9052, I am entitled to claim compensation from Lufthansa, the airline with which I have the contract, for breach of that contract.
The governing laws:
● Regulation (EC) No 261/2004, being valid from February 17, 2005, establishing common rules on compensation and assistance to passengers in the event of of cancellation of flights. In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, and this definitively is not the case.
● European Court of Justice: case Wallentin-Hermann v. Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008. The European Tribunal of Justice (EJC) on December 22, 2008, in Wallentin-Hermann case closed the loophole of always abused frivolous interpretations used by the airlines of “technical or extraordinary circumstances“, when further defined and limited the use of such defense. Finally the definition of “technical and / or extraordinary circumstances“ by the ECJ court now stands firm and solid. Any carrier must prove that the alleged mechanical problem leading to the cancellation was “beyond its actual control, ” the court affirmed in a statement.
Flight Cancellation (Article 5): Cancellation is the non-operation of a scheduled flight on which at least one place was reserved. From this, claims for compensation and assistance under Articles 7, 8 and 9 of the a.m. EC Regulation will arise (see summary in the attached table). Under extraordinary circumstances, the operating air carrier is partially or totally exempt from the obligations under the a.m. EC Regulation. Examples: Political instability, meteorological conditions incompatible with the operation of the flight, security risks, unexpected flight safety shortcomings, strikes, etc.
Disclosure:
The operating air carrier is obliged to comprehensively inform the passengers of this EC
Regulation. For this purpose a notice at check-in is required and in addition a written
description of the rules for compensation and assistance in the case of denied boarding,
cancellation or a delay of more than two hours is to be handed over to each passenger
concerned. At the same time the passengers shall be informed in writing of the responsible
body for complaints.
Derogating or restrictive clauses in the contract of carriage cannot limit or preclude the
contents of the Regulation.
Policy enforcement: The Luftfahrt-Bundesamt (LBA) is the competent authority for the implementation of Regulation (EC) No 261/2004 in Germany. Under this task the LBA analyses on the basis of the complaints the individual air carriers’ policies and causes the air carriers to eliminate systematic infringements of the EC Regulation. If necessary, sanctions will be imposed consisting of fines. The aim is to ensure proper implementation of the consumer protection regulation according to EC law in Germany and to reduce the causes for passenger complaints.
Rights to compensation : Under the following conditions, compensation or assistance according to the EC Regulation (Article 3) may be claimed:
1. The passenger is departing from a German airport or the passenger is departing from an airport in a third country, the arrival airport is a German airport and the operating air carrier is an air carrier licensed under the Council Regulation (EEC) No 2407/92.
2. The passenger has a confirmed reservation and presents himself/herself for check-in at
the time indicated in advance or if no time has been specified, not later than 45 minutes before the published time of departure or the passenger has been transferred by the air carrier or the tour operator from a booked flight to another flight and presents himself/herself for check-in at the time indicated in advance or, if no time has been specified, not later than 45 minutes before the published time of departure.
Determination of compensability: In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
The reasons leading to the flight cancellation shall be given in the form of the statements as requested in this form and shall be verified by appropriate documentation. LBA will resolve upon the acceptance of the statements on the basis of the information and documentation provided.
Information about the kind of documentation that is to be provided as means of proof is given in the note boxes coloured in grey (see below) in each section. If more than one complaint refers to the same flight, it is sufficient to fill out the just once. In this case, however, the LBA reference No of the complaints concerned shall be stated in section 3.
This form is to be signed in section 8 by the person acc to article 63d lit. 4 of Luftverkehrs-Zulassungs-Ordnung (German Air Navigation Certification Order) being the competent person for clearing and accepting complaints in your company.
Changes concerning this person and/or in the contact addresses are to be declared in writing to LBA without delay. If your company has not yet provided this information, the person and/or the contact address are to be announced in writing to LBA without further delay.
If one is refused entry to flight because of overbooking or find that your flight has been cancelled, the airline must hand you a leaflet explaining your rights and describing how much money one is entitled to. The rates are: ● Flights of 1, 500 km or less: € 250 ● Flights between 1, 500 km and 3, 500 km: € 400 ● Flights of more than 3, 500 km: € 600
It is up to enforcement agency LBA to determine if airline is obliged to pay compensation, not by Lufthansa customer service office clerks (Fabian Herrmann and Janine Seidel) or United customer relationship.
Airlines liability insurance minimum coverage: The law requires mandatory insurance for each airline against liability as follow: In accordance with Article 6 of the Regulation (EC) No 785/2004 and §§ 45-47 Luftverkehrsgesetz (Air Navigation Act) the minimum liability insurance cover in respect of passengers, baggage and cargo shall be as follows:
● 250.000 special drawing rights per passenger for bodily injury
● 4.150 special drawing rights per passenger for delayed carriage of passengers
● 1.000 special drawing rights per passenger for damage to baggage and delayed carriage of baggage ● 17 special drawing rights per kilogram for damage to cargoBoth, Lufthansa Airline or United Airline never handed to any of the passengers as required liflets and / or explaining customers rights.
Passengers rights enforcement:
The competency to deal with passengers complaint is with the national enforcement body where the flight - segment problem had its origin, and / or where the airline is domiciled.
Consequtly I have requested mandatory compensation from Lufthansa airline as the result of canceled one of the segments of my on round trip flight from Gdansk (GDN) Poland, to Honolulu (HNL), Hawaii, USA.
The European Court of Justice assured that the airlines must pay up, unless the technical fault was due to “exceptional circumstances“ exclusively defined by the court, such as an act of terrorism or deliberate sabotage.
Further the compensation may be refused only, if the technical problems stem from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier, are beyond its actual control.
Both airlines in violation of Regulation (EC) No 261/2004, negligently abandoned the passengers. Both United Airlines as well as Lufthansa are jointly in contempt of the European Court of Justice. The final decision in Wallentin-Hermann case final verdict, was delivered in mid December of 2008.
The law requires that in situation like this airlines, not the passengers themselves, arranges reservation service as the replacement for cancelled flights, what was never offered or done. Both United Airlines as well Lufthansa not communicating with each other, are “Star Alliance“ members.
Over public announcement service we were informed to seek the hotel Steigenberger, and no one who is not familiar with the town could not locate them. We were only told where to go to the exit, nobody assisted us to find hotel shutlle bus-stop. We were running to and from seeking that bus stop. There was no any form of help to direct us in the right direction.
All Lufthansa did is to tell all passengers to call toll free number: [protected], to United Airlines located “somewhere“ in all center in the United States.
Consequently as many passengers were calling at the same time it was impossible to get to United Airlines employees, the phone were busy, the waiting time was tremendous, mobile (cellular) telephone bill as the consequence are enormous.
If someone was lucky and get connected after several hours of trying, than United told Lufthansa passengers, that have no records of any passengers booked as Lufthansa passengers, and in my cast I am not listed on United Airlines Flight UA 901 passengers list, only due to incompetence of airline employees causing counterproductive tremendous stress, aggravation and tremendous general confusion.
My flight was more than 3, 500 km and as the boarding was denied, I am entitled to the regulatory damage of not less than € 600, plus any and all the expenses on any consequent flights.
In addition should any airline flying from EU airports responsible for the delay or cancelation of the flight anywhere in the world, passengers are entitled to claim 4, 150 SDR (Special Drawing Right), which at the currency exchange rate was about 4, 897.00 €, equivalent of about 6, 300.00 U$, (the exchange rates needs to be prorated to actual currency exchange rates on the day of occurrence, December 27, 2008).
Both airlines after the incident caused only by airlines negligence, ground support mechanics damaged the winglet of the aircraft, negligently abandoned all passengers.
Incident was clearly preventable, was caused only as the result of not following by airline(s) personel mandatory operating safety procedures on the airport ground, tarmac, by ground support crews. The parties are governed by the binding contract and whenever a passenger purchases a ticket, he does so for a comfortable journey.
Travel time: As the travel took from 05:00 am Friday, December 27, 2008 Polish time, (06:00 pm Friday, December 26, 2008, Honolulu time) with the arrival (landing) at 11:55 am, Sunday, December 29, Polish time (Sunday, December 28, 2008 10:55 pm Honolulu time), with consequently lost luggage which was delivered at the local address, which I have received later at 4:00 am Honolulu Time, all time being sleepless. My entire hardly earned vacation were ruined by flight delay. That is almost 58 sleepless hours in transit or travel.
Compensation entitlement: Regulation 5 (EC) No 261/2004, European Court of Justice in Luxembourg: Case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008.
Justice agreed that any technical issues during aircraft maintenance don’t constitute “extraordinary circumstances” that would allow airlines to avoid paying passengers compensation for canceled flights.
In its judgment, the Fourth Chamber of the Court of Justice held:
“Extraordinary circumstances” was not defined in the 2004 Regulation, but the phrase was to be interpreted narrowly since article 5(3) constituted a derogation from the principle, indicated in recitals 1 and 2 of the preamble, of protection of consumers, in as much as cancellation of flights caused serious inconvenience to passengers.
In addition to denied boarding on flight of more than 3, 500 km, compensation of not less than € 600, I am entitled also to claim flight cancelation 4, 150.0 SDR (Special Drawing Right), of about 4, 897.00 €. I am also entitled to any and all incurred travel expenses, and any legal fees I should encounter.
Airlines failed to provide mandatory accommodations after flight cancellation. No notifications, no refreshments (until 18:00 - 6:00pm with first and quite late meal), no flight reservation service.
Travel expenses (reconstructed or estimated): Phone calls expenses related to notifying other party (long distance and rooming fees) about flight delay (air time on 2 mobile phones): lump sum of 20, 00 €. Reimbursement for the lunch at Frankurt Airport of 25, 00 € . Air time on my mobile phone for calling for seveal hours from Frankfurt to toll free number in United States lump sum of 25, 00 €. Refreshments at Frankfurt 20, 00 €. Entertainment at Frankfurt, while forced to spend night at hotel 50, 00 €. Meals while waiting at the San Francisco airport (per diem), lump sum of 35, 00 €, refreshments 20, 00 €. Taxi in Honolulu lump sum of 25, 00 € (I missed the free transpportation from Airport to residence). Refreshments and dinner in Honolulu (per diem) 50, 00 €. Recuperation from jet lag after the travel (5 days) at per diem rate of 500, 00 € per day.
Total claimed lump sump casual and ordinary out of pocket travel expenses are: 2, 9035.00 €.
Complaint preparation fees 250.00 €.
What was the air carrier’s reaction?
Lufthansa after classical stunt of denial of the compensability due to as alleged fraudulent claim “ unfortunate event was an unforeseeable, unexpected and exceptional accident“ and is now arogantly ignoring me, is NOT at all responding any more to any correspondance related to claim submitted via e-mail, or their website.
The communication with the airline is extremally difficult. Airline(s) has not informed passengers of their rights, neither has disclosed any proper procedures for submitting complaint, and such despite the demand were never disclosed to me, to properly communicate between the passengers and the carriers. Many passengers as foreign nationals were not proficient in german or english languages.
1. The flight was cancelled. Both United Airlines as well Lufthansa are Star Alliance members. Passengers were abandoned by both airlines.
2. All Lufthansa did was to provide passengers with the Toll Free number: [protected], of course to United Airlines located somewhere in the United States. No efforts were undertaken to accommodate the (non English speaking passengers). Many foreign travelers couldn't also not speak German. Many were Germans, who are not obliged to speaking English in their home country!.
3. Over public announcement service we were informed to seek the hotel Steigenberger. There was no any form of help to direct us in the right direction.
4. Passengers booked on United Flight under Lufthansa were told by United that they are not on passengers list. I learnt about it after my call to United Number [protected]. Only by jogging from Hotel to Airport, and between United and Lufthansa with substantial arguments the passengers were able to fight themselves for the reservations, on connecting flights.
5. The stress was building up as: Lufthansa persistently mislead all passengers claiming that it was United flight and reservations must be made with United Airlines by the passengers. United refused to accommodate Lufthansa passengers.
6. In case of cancelled flight the airline has the obligation to arrange the reservations for the passengers not the passengers themselves.
7. That is what the passengers are paying for to their travel agents. The Star Alliance members are required to settle their professional duties between themselves. Abandoning passengers in case like this raises to criminal negligence.
8. The Airline is responsible to accommodate the passengers in any way passengers may require, with no exception.
10. As it was impossible to connect with United as to many abandoned passengers were calling reservation office in the US.
11. Many people on that flight were even non English speaking people (Polish, German, French, Italians, Russians, etc.)
12. Shockingly passengers booked on this flight through exchange with Lufthansa, apparently according to United Airlines, were not on the list of the United Airlines.
13. No any form of assistance either by either Lufthansa or UNITED AIRLINES were ever offered to any passengers at Frankurt Airport. That is contrary to statments in the email. Passengers were abandoned, were forced to make their own travel arrangements, despite that they were not proficient in foreign to them language(s).
14. Considering that the damaged aircraft was Boeing 747 400 series, accommodating close to at whether they had made adequate arrangements for a substitute plane to be available. Typical seating capacity of Boeing 747- 400 series is 524 passengers. Instead of abandoning passengers after flight cancellation, carrier should immediately arrange for substitute plane through any available airline brokerage. Providing replacement booking for such a huge number of passengers on already booked flights was clearly mission impossible, arogant, unprofessional, ruthless and highly questionable regarding the airlines mission statement, its approach to passengers, and business. It well demonstrates how well the airline is organized and how really cares about its passengers.
Some passengers spent over 3 nervous days without the assistance of Lufthansa or United Airlines awaiting for the booking.
15. Neither of airlines have had a substitude stand by aircraft at any of the nearest European hubs.
Lufthansa deliberately and with malice misleads passengers, denies compensation in violation of the governing law(s) and in contempt of European Court of Justice rulling in Wallentin- Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), dated December 22, 2008.
Citations from Lufthansa written response to the request for compensation: ( customer.feedback.eu@lufthansa.com ) *(for full e-mail replies by Lufthansa, please see attachments (3) on the end of this complaint.
“Our partner United has informed us about the details surrounding the cancellation of your flight UA 901 on 27 December from Frankfurt to San Francisco. During the ground operations a towing truck accidentally hit the wing of the airplane thus causing the winglet to break off. As this unfortunate event was an unforeseeable, unexpected and exceptional accident, the airline cannot be held liable in this case.“
_________________________________________________________________________________
“We are sorry that you are not satisfied with our response. However, concerning the opinion of Lufthansa the judgement of the European Court does not mean that airlines are liable for cancellations due to technical reasons which are beyond their control - as in this case. Therefore we kindly ask for your understanding that we cannot offer any additional compensation.“ _________________________________________________________________________________
“Please be advised that this will be our final response to you in regard to this case. If you have any other questions or concerns not related to the current claim, we would be glad to assist you.“
_________________________________________________________________________________ “Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.“
Fabian Herrmann and Janine Seidel as the employees in charge, should be properly trained by the airline, knowledgeable about all mandatory legal requirements, helpful, and authorized to act in the best interest not only of carrier but first the passengers. Based on objective evidence and an intentional attempt to escape from liability, by any and all means, by writing targeted, predatory, purposly misleading counterproductive emails on behave of Lufthansa customer reations, resulted only in uncalled aggrevation, and substantial waste of time. Considering criminal behavior of those Lufthansa employees, who accepted on themselves to make the determination of compensability, while not authorised and qualified to do so, justify maximum sanctions of 25, 000 € to be imposed by this enforcement agency on Lufthansa.
All travel expanses are reconstructed, as it is impractical and impossible to keep exact accounting of petty cash, in many cases the receipts were lost or not provided.
Cost of living (COLA) in Honolulu, Hawaii, USA, is higher than in any other states. For tourist daily cost of surviving (hotel, meals, refreshments and entertainment) in Hawaii (per diem) is not less than estimated 500, 00 to 600, 00 U$ per person.
It is up to the carrier (LUFTHANSA) to make me now an offer that I can't refuse.
1 SDR *(Special Drawing Right) is worth about 1.18 €.
€1.00 is equal to about U$1.285.
Law and case references:
http://curia.europa.eu/en/actu/communiques/cp08/aff/cp080100en.pdf
http://www.icao.int/icao/en/leb/mtl99.pdf
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:046:0001:0007:EN:PDF
Consequences of flight cancellation and delay: Consequently after such extremely long travel (58 hors), I have been devastatingly exhausted and needed full week of time for after travel recovery from time change and jet lag, as due to nervous situation, I was unable to sleep either in the hotel and later on the airplane during the flight. I have been to tired to enjoy the New Year event in Honolulu, which we planned for several months before. Consequently I was than unable to travel as planed to Kuai, Maui, Molokai and Big Island of Hawaii, during my 3 weeks of vacation due to extreme exhaustion after such a long flight.
My vacation plans in Hawaii were substantially affected by the unplanned and uncalled change in flight schedule, as neither of the airlines have not timely provided a substitute plane from the nearest hub, what should be done with a minimum time delay. My vacation Plans as well as my companion arriving separately, were also totally ruined, as we were unable to enjoy either New Year, or other pre-planed trips, activities and / or business meetings.
Settlement: The amount of settlement to be paid is always subject to negotiations. I am requesting settlement as proposed below, saying so, under all special circumstances of this case, as explained above, I am submitting my non negotiable demands for compensation.
I am considering proposed below settlement terms as fair and just under any and all circumstances, in this case.
As my New Year vacation as the result of flight cancellation were totally ruined, in addition to compensation, and all out of pocket expenses as stated above, as a replacement for my totally ruined vacations, I am requesting fully paid round trip (for two) for the „4th of July“ in Hawaii, between June 27, 2009 to to July 19, 2009, with, with return booked for August 27, 2009, (subject to my approval). The trip should include at least 21 pre-paid nights (two bedrooms suite) in Waikoloa Hawaii resort on Big Island of Hawaii.
Hilton Waikoloa village in Hawaii web pages:
http://www.hiltonwaikoloavillage.com
The settlement I am seeking is travel for two value about U$ 5, 000 21 days Hilton Waikoloa accommodation for 2 in a 2 bedroom suite, value about 25, 000 U$ and than 5, 000 Euro cancellation compensation in compliance with Infringement of Article 5 of Regulation (EC) No 261/2004.
Reimbursement for lost income during 25 days of those vacation in the amount of U$ 15, 000 (self employed).
Lufthansa's response:
Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Thank you for your Email dated 19 January.
We are very sorry to learn about the irregularities and difficulties you experienced as a result of a flight cancellation on 27 December. For your inconvenience and your trouble we would like to apologise most sincerely to you.
As a matter of course we have already contacted our partner United Airlines and are currently researching the reasons for these unfortunate events. We kindly ask you for your patience during our handling process. We will contact you as soon as we have obtained more information.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's second e-mail (2) response:
Thank you for your patience during our handling process.
We are sorry that you feel you have to write in English. Of course you can also write to us in your native language.
Our partner United has informed us about the details surrounding the cancellation of your flight UA 901 on 27 December from Frankfurt to San Francisco. During the ground operations a towing truck accidentally hit the wing of the airplane thus causing the winglet to break off. As this unfortunate event was an unforeseeable, unexpected and exceptional accident, the airline cannot be held liable in this case.
As a matter of course we and our partner still offer care and assistance to our passengers in such a situation. We very much regret that you felt that the service provided was not up to the standard you have come to expect from us. Due to the large numbers of guests who require assistance it is not always possible to honour personal requests as much as we would like to. We kindly ask for your understanding in this matter.
The ground staff in Frankfurt offered all involved passengers hotel accommodation. All major hotels operate shuttle buses from the airport that are free of charge for hotel guests. Therefore no transportation voucher was issued to you.
Since this unpleasant chain of events was caused by an accident and our partner United has fulfilled the EU regulation by offering accommodation to you, no further compensation can be paid in this instance.
We are glad that you could continue your journey the next day on LH 456 and we hope that in spite of the irregularities you had a successful and pleasant trip and you will choose Lufthansa again in the near future.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's e-mail response:
Thank you for your Email.
We are sorry that you are not satisfied with our response. However, concerning the opinion of Lufthansa the judgement of the European Court does not mean that airlines are liable for cancellations due to technical reasons which are beyond their control - as in this case. Therefore we kindly ask for your understanding that we cannot offer any additional compensation.
Please be advised that this will be our final response to you in regard to this case. If you have any other questions or concerns not related to the current claim, we would be glad to assist you.
It is our hope that these events will not keep you from choosing Lufthansa again for your journeys.Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's e-mail response:
Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
Lufthansa Customer Relation:
Germany
Deutsche Lufthansa AG
Deutschland
Gütersloh
Zip Code33322
Fax+[protected]
Help all to FIGHT BACK those crooks:
E-mail Lufthansa CEO, and other employees, tell them what YOU think of that shoddy airlines:
wolfgang.mayrhuber@dlh.de, publicrelations@LHsystems.com, andreas.bierwirth@dlh.de, carl.sigel@dlh.de, carsten.spohr@dlh.de, holger.hätty@dlh.de, lufthansa.europe.uk.ie@dlh.de, stefan.lauer@dlh.de, hubert.frach@dlh.de, jurgen.weber@dlh.de,
complaints letter got no where to send
Re: Lufthansa -Complaints letter regarding services and arrangement I would like to address my series complains for the single trip I made with your airline. I will reserve my right on legal action further from any of my physical and psychological lost raised from Lufthansa. Incident 1 - baggage lost Beginning from Jan 11 2007, I took flight LH727 a...
Read full review of Lufthansa German Airlines and 4 commentsreschedule my flight
I booked my ticket online on 10th April 2006, which was supposed to depart from Edinburgh to Frankfurt, then from Frankfurt to Shanghai directly. The invoice no is 5670209. After almost one month, I received a letter to say my flight has been scheduled because it is common at certain times of the year for airlines to amend their flight schedule. After scheduled, I will have to change flight at Frankfurt first and then change flight again at Munich, and the time for me to change flight at Frankfurt is only one hour and twenty-five minutes.
Since it is common at certain times of the year for airlines to amend their flight schedule, I don’t suspect it will be any big problem for my flight, however, at 27th Jun 2006 when I checked in at Edinburgh Airport, the staff only gave me one boarding card which was from Edinburgh to Frankfurt and she told me I have to check in at Frankfurt again to get the rest boarding cards. Then I began to worry about any possible problem I may encounter, such as the delayed flight, because it is also common for all flights at all time of the year. And also it was true in reality, the flight was delayed for 20 minutes, I was so nervous because only one hour left for me, especially I didn’t have boarding cards for the flights thereafter, when I finally found the place to check in, another disaster came out, the staff in Frankfurt Airport couldn’t give me boarding cards because she didn’t find my ticket through computer system, I showed her the letter which indicates my ticket invoice number and the flights, but it was no use, she refused to give me boarding cards unless I had paper ticket with me. Though I finally got help through Lufthansa Company at Frankfurt Airport, it was so big trouble for me just because you changed my ticket arbitrarily.
One month after I sent my complain, Lufthansa didn't give me any reply!
I encourage every one to Boycott the worst world wide airline:
Lufthansa German shoddy predatory greedy Airline !
Let them as they are planning to do ... dream to acquire other airlines and to destroy the competition: Air Austria, Air Italy, LOT, Swiss Air.
Would you fly to be screwed, arrested and even jailed?
Only than Fly LUFTHANSA!
Lufthansa apparent Customer Service and Marketing Plan: Screw them!
LUFTHANSA CEO WOLFGANG MAYRHUBER Marketing Plan:
Hire the cheap incompetent idiots as stewardeses and ###s as captains, for your money they will help you to be arrested jailed and fined, just for supporting and flying on shoddy LUFTHANSA Airlines in old tradition of SS!
On February 10, 2009 the people of Poland were told and had the best proof how well the employees of LUFTHNSA are carring about passengers, when member of Polish parlament, candidate for polish Premier, Jan Maria Rokita on Lufthansa flight LH3336 first was assaulted by Lufthansa stewardess, than late after her racist behavior and fraudulent claim to aircraft captain, he and his wife were denied boarding and due to fraudulently claimed alleged “agressive behavior“ wrongfully arrested by evidently racist German police.
Lufthansa Airlines confirmed that on 10 of February, 2009, the passenger was escorted by the German authorities from the aircraft on flight LH3336 between Munich and Cracow.
Unfortunatelly the idiots from Lufthansa did not know the gentelman whom they assaulted, was11.07.1992 - 26.10.1993 Chief of the Office of the Council of Ministers, the potential Prime Minister of Poland, Member of Parliment, and his wife Nelly Rokita, who is the adviser of Polish President Lech Kaczynski, but the polish citizens know very well his always set back and restrained behavior. In 2003, Jan Maria Rokita was awarded “Man of the Year“ title, which is a very prestigious award.
That is the marketing act of the century!
Lufthansa latest Marketing slogan:
We hope that in spite of the irregularities you had a successful and pleasant trip and you will choose Lufthansa again in the near future.
Really?
I hope you will be soon out of business, you damn german crooks!
My best LUFTHANSA EXPERIENCE:
Canceled flight LH 9052 on trip to Honolulu, Hawaii:
Iterinary:
GDN LO 359, Saturday, December 27, 2008
FRA UA 901 / LH9052, Saturday, December 27, 2008
SFO UA 79 / LH9136 Saturday, December 27, 2008
HNL UA1036, Saturday, January 17, 2009
SFO UA 0906, Sunday, January 18, 2009
MUC LO 396 Sunday, January 18, 2009
Lufthansa knowingly abandoned the passengers, failed to inform them of their rights, than refused to pay mandatory cancellation compensation.
The governing laws:
● Regulation (EC) No 261/2004, being valid from February 17, 2005, establishing common rules on compensation and assistance to passengers in the event of of cancellation of flights. In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, and this definitively is not the case.
● European Court of Justice: case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008. The European Tribunal of Justice (EJC) on December 22, 2008, in Wallentin-Hermann case closed the loophole of always abused frivolous interpretations used by the airlines of “technical or extraordinary circumstances“, when further defined and limited the use of such defense. Finally the definition of “technical and / or extraordinary circumstances“ by the ECJ court now stands firm and solid. Any carrier must prove that the alleged mechanical problem leading to the cancellation was “beyond its actual control, ” the court affirmed in a statement.
Complaint:
In case of any flight cancellation for whatever reasons the airline(s) are required to provide passengers with:
• emergency flight booking, and an alternative transport to final destination, what was not at all done by either of the airlines.
Canceled was the segment (UA 901 / LH 9052) of my multiple segments flight, starting on December 27, 2008. The flight operator is United Airlines (UA 901) while the contractual booking carier is Lufthansa with flight number LH 9052.
My reservation was through Lufthansa airlines on Lufthansa flight LH9052, I am entitled to claim compensation from Lufthansa, the airline with which I have the contract, for breach of that contract.
The governing laws:
● Regulation (EC) No 261/2004, being valid from February 17, 2005, establishing common rules on compensation and assistance to passengers in the event of of cancellation of flights. In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, and this definitively is not the case.
● European Court of Justice: case Wallentin-Hermann v. Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008. The European Tribunal of Justice (EJC) on December 22, 2008, in Wallentin-Hermann case closed the loophole of always abused frivolous interpretations used by the airlines of “technical or extraordinary circumstances“, when further defined and limited the use of such defense. Finally the definition of “technical and / or extraordinary circumstances“ by the ECJ court now stands firm and solid. Any carrier must prove that the alleged mechanical problem leading to the cancellation was “beyond its actual control, ” the court affirmed in a statement.
Flight Cancellation (Article 5): Cancellation is the non-operation of a scheduled flight on which at least one place was reserved. From this, claims for compensation and assistance under Articles 7, 8 and 9 of the a.m. EC Regulation will arise (see summary in the attached table). Under extraordinary circumstances, the operating air carrier is partially or totally exempt from the obligations under the a.m. EC Regulation. Examples: Political instability, meteorological conditions incompatible with the operation of the flight, security risks, unexpected flight safety shortcomings, strikes, etc.
Disclosure:
The operating air carrier is obliged to comprehensively inform the passengers of this EC
Regulation. For this purpose a notice at check-in is required and in addition a written
description of the rules for compensation and assistance in the case of denied boarding,
cancellation or a delay of more than two hours is to be handed over to each passenger
concerned. At the same time the passengers shall be informed in writing of the responsible
body for complaints.
Derogating or restrictive clauses in the contract of carriage cannot limit or preclude the
contents of the Regulation.
Policy enforcement: The Luftfahrt-Bundesamt (LBA) is the competent authority for the implementation of Regulation (EC) No 261/2004 in Germany. Under this task the LBA analyses on the basis of the complaints the individual air carriers’ policies and causes the air carriers to eliminate systematic infringements of the EC Regulation. If necessary, sanctions will be imposed consisting of fines. The aim is to ensure proper implementation of the consumer protection regulation according to EC law in Germany and to reduce the causes for passenger complaints.
Rights to compensation : Under the following conditions, compensation or assistance according to the EC Regulation (Article 3) may be claimed:
1. The passenger is departing from a German airport or the passenger is departing from an airport in a third country, the arrival airport is a German airport and the operating air carrier is an air carrier licensed under the Council Regulation (EEC) No 2407/92.
2. The passenger has a confirmed reservation and presents himself/herself for check-in at
the time indicated in advance or if no time has been specified, not later than 45 minutes before the published time of departure or the passenger has been transferred by the air carrier or the tour operator from a booked flight to another flight and presents himself/herself for check-in at the time indicated in advance or, if no time has been specified, not later than 45 minutes before the published time of departure.
Determination of compensability: In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
The reasons leading to the flight cancellation shall be given in the form of the statements as requested in this form and shall be verified by appropriate documentation. LBA will resolve upon the acceptance of the statements on the basis of the information and documentation provided.
Information about the kind of documentation that is to be provided as means of proof is given in the note boxes coloured in grey (see below) in each section. If more than one complaint refers to the same flight, it is sufficient to fill out the just once. In this case, however, the LBA reference No of the complaints concerned shall be stated in section 3.
This form is to be signed in section 8 by the person acc to article 63d lit. 4 of Luftverkehrs-Zulassungs-Ordnung (German Air Navigation Certification Order) being the competent person for clearing and accepting complaints in your company.
Changes concerning this person and/or in the contact addresses are to be declared in writing to LBA without delay. If your company has not yet provided this information, the person and/or the contact address are to be announced in writing to LBA without further delay.
If one is refused entry to flight because of overbooking or find that your flight has been cancelled, the airline must hand you a leaflet explaining your rights and describing how much money one is entitled to. The rates are: ● Flights of 1, 500 km or less: € 250 ● Flights between 1, 500 km and 3, 500 km: € 400 ● Flights of more than 3, 500 km: € 600
It is up to enforcement agency LBA to determine if airline is obliged to pay compensation, not by Lufthansa customer service office clerks (Fabian Herrmann and Janine Seidel) or United customer relationship.
Airlines liability insurance minimum coverage: The law requires mandatory insurance for each airline against liability as follow: In accordance with Article 6 of the Regulation (EC) No 785/2004 and §§ 45-47 Luftverkehrsgesetz (Air Navigation Act) the minimum liability insurance cover in respect of passengers, baggage and cargo shall be as follows:
● 250.000 special drawing rights per passenger for bodily injury
● 4.150 special drawing rights per passenger for delayed carriage of passengers
● 1.000 special drawing rights per passenger for damage to baggage and delayed carriage of baggage ● 17 special drawing rights per kilogram for damage to cargoBoth, Lufthansa Airline or United Airline never handed to any of the passengers as required liflets and / or explaining customers rights.
Passengers rights enforcement:
The competency to deal with passengers complaint is with the national enforcement body where the flight - segment problem had its origin, and / or where the airline is domiciled.
Consequtly I have requested mandatory compensation from Lufthansa airline as the result of canceled one of the segments of my on round trip flight from Gdansk (GDN) Poland, to Honolulu (HNL), Hawaii, USA.
The European Court of Justice assured that the airlines must pay up, unless the technical fault was due to “exceptional circumstances“ exclusively defined by the court, such as an act of terrorism or deliberate sabotage.
Further the compensation may be refused only, if the technical problems stem from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier, are beyond its actual control.
Both airlines in violation of Regulation (EC) No 261/2004, negligently abandoned the passengers. Both United Airlines as well as Lufthansa are jointly in contempt of the European Court of Justice. The final decision in Wallentin-Hermann case final verdict, was delivered in mid December of 2008.
The law requires that in situation like this airlines, not the passengers themselves, arranges reservation service as the replacement for cancelled flights, what was never offered or done. Both United Airlines as well Lufthansa not communicating with each other, are “Star Alliance“ members.
Over public announcement service we were informed to seek the hotel Steigenberger, and no one who is not familiar with the town could not locate them. We were only told where to go to the exit, nobody assisted us to find hotel shutlle bus-stop. We were running to and from seeking that bus stop. There was no any form of help to direct us in the right direction.
All Lufthansa did is to tell all passengers to call toll free number: [protected], to United Airlines located “somewhere“ in all center in the United States.
Consequently as many passengers were calling at the same time it was impossible to get to United Airlines employees, the phone were busy, the waiting time was tremendous, mobile (cellular) telephone bill as the consequence are enormous.
If someone was lucky and get connected after several hours of trying, than United told Lufthansa passengers, that have no records of any passengers booked as Lufthansa passengers, and in my cast I am not listed on United Airlines Flight UA 901 passengers list, only due to incompetence of airline employees causing counterproductive tremendous stress, aggravation and tremendous general confusion.
My flight was more than 3, 500 km and as the boarding was denied, I am entitled to the regulatory damage of not less than € 600, plus any and all the expenses on any consequent flights.
In addition should any airline flying from EU airports responsible for the delay or cancelation of the flight anywhere in the world, passengers are entitled to claim 4, 150 SDR (Special Drawing Right), which at the currency exchange rate was about 4, 897.00 €, equivalent of about 6, 300.00 U$, (the exchange rates needs to be prorated to actual currency exchange rates on the day of occurrence, December 27, 2008).
Both airlines after the incident caused only by airlines negligence, ground support mechanics damaged the winglet of the aircraft, negligently abandoned all passengers.
Incident was clearly preventable, was caused only as the result of not following by airline(s) personel mandatory operating safety procedures on the airport ground, tarmac, by ground support crews. The parties are governed by the binding contract and whenever a passenger purchases a ticket, he does so for a comfortable journey.
Travel time: As the travel took from 05:00 am Friday, December 27, 2008 Polish time, (06:00 pm Friday, December 26, 2008, Honolulu time) with the arrival (landing) at 11:55 am, Sunday, December 29, Polish time (Sunday, December 28, 2008 10:55 pm Honolulu time), with consequently lost luggage which was delivered at the local address, which I have received later at 4:00 am Honolulu Time, all time being sleepless. My entire hardly earned vacation were ruined by flight delay. That is almost 58 sleepless hours in transit or travel.
Compensation entitlement: Regulation 5 (EC) No 261/2004, European Court of Justice in Luxembourg: Case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008.
Justice agreed that any technical issues during aircraft maintenance don’t constitute “extraordinary circumstances” that would allow airlines to avoid paying passengers compensation for canceled flights.
In its judgment, the Fourth Chamber of the Court of Justice held:
“Extraordinary circumstances” was not defined in the 2004 Regulation, but the phrase was to be interpreted narrowly since article 5(3) constituted a derogation from the principle, indicated in recitals 1 and 2 of the preamble, of protection of consumers, in as much as cancellation of flights caused serious inconvenience to passengers.
In addition to denied boarding on flight of more than 3, 500 km, compensation of not less than € 600, I am entitled also to claim flight cancelation 4, 150.0 SDR (Special Drawing Right), of about 4, 897.00 €. I am also entitled to any and all incurred travel expenses, and any legal fees I should encounter.
Airlines failed to provide mandatory accommodations after flight cancellation. No notifications, no refreshments (until 18:00 - 6:00pm with first and quite late meal), no flight reservation service.
Travel expenses (reconstructed or estimated): Phone calls expenses related to notifying other party (long distance and rooming fees) about flight delay (air time on 2 mobile phones): lump sum of 20, 00 €. Reimbursement for the lunch at Frankurt Airport of 25, 00 € . Air time on my mobile phone for calling for seveal hours from Frankfurt to toll free number in United States lump sum of 25, 00 €. Refreshments at Frankfurt 20, 00 €. Entertainment at Frankfurt, while forced to spend night at hotel 50, 00 €. Meals while waiting at the San Francisco airport (per diem), lump sum of 35, 00 €, refreshments 20, 00 €. Taxi in Honolulu lump sum of 25, 00 € (I missed the free transpportation from Airport to residence). Refreshments and dinner in Honolulu (per diem) 50, 00 €. Recuperation from jet lag after the travel (5 days) at per diem rate of 500, 00 € per day.
Total claimed lump sump casual and ordinary out of pocket travel expenses are: 2, 9035.00 €.
Complaint preparation fees 250.00 €.
What was the air carrier’s reaction?
Lufthansa after classical stunt of denial of the compensability due to as alleged fraudulent claim “ unfortunate event was an unforeseeable, unexpected and exceptional accident“ and is now arogantly ignoring me, is NOT at all responding any more to any correspondance related to claim submitted via e-mail, or their website.
The communication with the airline is extremally difficult. Airline(s) has not informed passengers of their rights, neither has disclosed any proper procedures for submitting complaint, and such despite the demand were never disclosed to me, to properly communicate between the passengers and the carriers. Many passengers as foreign nationals were not proficient in german or english languages.
1. The flight was cancelled. Both United Airlines as well Lufthansa are Star Alliance members. Passengers were abandoned by both airlines.
2. All Lufthansa did was to provide passengers with the Toll Free number: [protected], of course to United Airlines located somewhere in the United States. No efforts were undertaken to accommodate the (non English speaking passengers). Many foreign travelers couldn't also not speak German. Many were Germans, who are not obliged to speaking English in their home country!.
3. Over public announcement service we were informed to seek the hotel Steigenberger. There was no any form of help to direct us in the right direction.
4. Passengers booked on United Flight under Lufthansa were told by United that they are not on passengers list. I learnt about it after my call to United Number [protected]. Only by jogging from Hotel to Airport, and between United and Lufthansa with substantial arguments the passengers were able to fight themselves for the reservations, on connecting flights.
5. The stress was building up as: Lufthansa persistently mislead all passengers claiming that it was United flight and reservations must be made with United Airlines by the passengers. United refused to accommodate Lufthansa passengers.
6. In case of cancelled flight the airline has the obligation to arrange the reservations for the passengers not the passengers themselves.
7. That is what the passengers are paying for to their travel agents. The Star Alliance members are required to settle their professional duties between themselves. Abandoning passengers in case like this raises to criminal negligence.
8. The Airline is responsible to accommodate the passengers in any way passengers may require, with no exception.
10. As it was impossible to connect with United as to many abandoned passengers were calling reservation office in the US.
11. Many people on that flight were even non English speaking people (Polish, German, French, Italians, Russians, etc.)
12. Shockingly passengers booked on this flight through exchange with Lufthansa, apparently according to United Airlines, were not on the list of the United Airlines.
13. No any form of assistance either by either Lufthansa or UNITED AIRLINES were ever offered to any passengers at Frankurt Airport. That is contrary to statments in the email. Passengers were abandoned, were forced to make their own travel arrangements, despite that they were not proficient in foreign to them language(s).
14. Considering that the damaged aircraft was Boeing 747 400 series, accommodating close to at whether they had made adequate arrangements for a substitute plane to be available. Typical seating capacity of Boeing 747- 400 series is 524 passengers. Instead of abandoning passengers after flight cancellation, carrier should immediately arrange for substitute plane through any available airline brokerage. Providing replacement booking for such a huge number of passengers on already booked flights was clearly mission impossible, arogant, unprofessional, ruthless and highly questionable regarding the airlines mission statement, its approach to passengers, and business. It well demonstrates how well the airline is organized and how really cares about its passengers.
Some passengers spent over 3 nervous days without the assistance of Lufthansa or United Airlines awaiting for the booking.
15. Neither of airlines have had a substitude stand by aircraft at any of the nearest European hubs.
Lufthansa deliberately and with malice misleads passengers, denies compensation in violation of the governing law(s) and in contempt of European Court of Justice rulling in Wallentin- Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), dated December 22, 2008.
Citations from Lufthansa written response to the request for compensation: ( customer.feedback.eu@lufthansa.com ) *(for full e-mail replies by Lufthansa, please see attachments (3) on the end of this complaint.
“Our partner United has informed us about the details surrounding the cancellation of your flight UA 901 on 27 December from Frankfurt to San Francisco. During the ground operations a towing truck accidentally hit the wing of the airplane thus causing the winglet to break off. As this unfortunate event was an unforeseeable, unexpected and exceptional accident, the airline cannot be held liable in this case.“
_________________________________________________________________________________
“We are sorry that you are not satisfied with our response. However, concerning the opinion of Lufthansa the judgement of the European Court does not mean that airlines are liable for cancellations due to technical reasons which are beyond their control - as in this case. Therefore we kindly ask for your understanding that we cannot offer any additional compensation.“ _________________________________________________________________________________
“Please be advised that this will be our final response to you in regard to this case. If you have any other questions or concerns not related to the current claim, we would be glad to assist you.“
_________________________________________________________________________________ “Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.“
Fabian Herrmann and Janine Seidel as the employees in charge, should be properly trained by the airline, knowledgeable about all mandatory legal requirements, helpful, and authorized to act in the best interest not only of carrier but first the passengers. Based on objective evidence and an intentional attempt to escape from liability, by any and all means, by writing targeted, predatory, purposly misleading counterproductive emails on behave of Lufthansa customer reations, resulted only in uncalled aggrevation, and substantial waste of time. Considering criminal behavior of those Lufthansa employees, who accepted on themselves to make the determination of compensability, while not authorised and qualified to do so, justify maximum sanctions of 25, 000 € to be imposed by this enforcement agency on Lufthansa.
All travel expanses are reconstructed, as it is impractical and impossible to keep exact accounting of petty cash, in many cases the receipts were lost or not provided.
Cost of living (COLA) in Honolulu, Hawaii, USA, is higher than in any other states. For tourist daily cost of surviving (hotel, meals, refreshments and entertainment) in Hawaii (per diem) is not less than estimated 500, 00 to 600, 00 U$ per person.
It is up to the carrier (LUFTHANSA) to make me now an offer that I can't refuse.
1 SDR *(Special Drawing Right) is worth about 1.18 €.
€1.00 is equal to about U$1.285.
Law and case references:
http://curia.europa.eu/en/actu/communiques/cp08/aff/cp080100en.pdf
http://www.icao.int/icao/en/leb/mtl99.pdf
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:046:0001:0007:EN:PDF
Consequences of flight cancellation and delay: Consequently after such extremely long travel (58 hors), I have been devastatingly exhausted and needed full week of time for after travel recovery from time change and jet lag, as due to nervous situation, I was unable to sleep either in the hotel and later on the airplane during the flight. I have been to tired to enjoy the New Year event in Honolulu, which we planned for several months before. Consequently I was than unable to travel as planed to Kuai, Maui, Molokai and Big Island of Hawaii, during my 3 weeks of vacation due to extreme exhaustion after such a long flight.
My vacation plans in Hawaii were substantially affected by the unplanned and uncalled change in flight schedule, as neither of the airlines have not timely provided a substitute plane from the nearest hub, what should be done with a minimum time delay. My vacation Plans as well as my companion arriving separately, were also totally ruined, as we were unable to enjoy either New Year, or other pre-planed trips, activities and / or business meetings.
Settlement: The amount of settlement to be paid is always subject to negotiations. I am requesting settlement as proposed below, saying so, under all special circumstances of this case, as explained above, I am submitting my non negotiable demands for compensation.
I am considering proposed below settlement terms as fair and just under any and all circumstances, in this case.
As my New Year vacation as the result of flight cancellation were totally ruined, in addition to compensation, and all out of pocket expenses as stated above, as a replacement for my totally ruined vacations, I am requesting fully paid round trip (for two) for the „4th of July“ in Hawaii, between June 27, 2009 to to July 19, 2009, with, with return booked for August 27, 2009, (subject to my approval). The trip should include at least 21 pre-paid nights (two bedrooms suite) in Waikoloa Hawaii resort on Big Island of Hawaii.
Hilton Waikoloa village in Hawaii web pages:
http://www.hiltonwaikoloavillage.com
The settlement I am seeking is travel for two value about U$ 5, 000 21 days Hilton Waikoloa accommodation for 2 in a 2 bedroom suite, value about 25, 000 U$ and than 5, 000 Euro cancellation compensation in compliance with Infringement of Article 5 of Regulation (EC) No 261/2004.
Reimbursement for lost income during 25 days of those vacation in the amount of U$ 15, 000 (self employed).
Lufthansa's response:
Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Thank you for your Email dated 19 January.
We are very sorry to learn about the irregularities and difficulties you experienced as a result of a flight cancellation on 27 December. For your inconvenience and your trouble we would like to apologise most sincerely to you.
As a matter of course we have already contacted our partner United Airlines and are currently researching the reasons for these unfortunate events. We kindly ask you for your patience during our handling process. We will contact you as soon as we have obtained more information.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's second e-mail (2) response:
Thank you for your patience during our handling process.
We are sorry that you feel you have to write in English. Of course you can also write to us in your native language.
Our partner United has informed us about the details surrounding the cancellation of your flight UA 901 on 27 December from Frankfurt to San Francisco. During the ground operations a towing truck accidentally hit the wing of the airplane thus causing the winglet to break off. As this unfortunate event was an unforeseeable, unexpected and exceptional accident, the airline cannot be held liable in this case.
As a matter of course we and our partner still offer care and assistance to our passengers in such a situation. We very much regret that you felt that the service provided was not up to the standard you have come to expect from us. Due to the large numbers of guests who require assistance it is not always possible to honour personal requests as much as we would like to. We kindly ask for your understanding in this matter.
The ground staff in Frankfurt offered all involved passengers hotel accommodation. All major hotels operate shuttle buses from the airport that are free of charge for hotel guests. Therefore no transportation voucher was issued to you.
Since this unpleasant chain of events was caused by an accident and our partner United has fulfilled the EU regulation by offering accommodation to you, no further compensation can be paid in this instance.
We are glad that you could continue your journey the next day on LH 456 and we hope that in spite of the irregularities you had a successful and pleasant trip and you will choose Lufthansa again in the near future.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's e-mail response:
Thank you for your Email.
We are sorry that you are not satisfied with our response. However, concerning the opinion of Lufthansa the judgement of the European Court does not mean that airlines are liable for cancellations due to technical reasons which are beyond their control - as in this case. Therefore we kindly ask for your understanding that we cannot offer any additional compensation.
Please be advised that this will be our final response to you in regard to this case. If you have any other questions or concerns not related to the current claim, we would be glad to assist you.
It is our hope that these events will not keep you from choosing Lufthansa again for your journeys.Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa's e-mail response:
Regarding the events surrounding the cancellation of flight UA 901 on 27 December we are unable to pay any further compensation. You are of course free to contact any aviation authority or law enforcement institution you wish to involve.
Yours sincerely,
______________________________________________________
Fabian Herrmann / Janine Seidel
Customer Feedback Europe
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
E-mail: customer.feedback.eu@lufthansa.com
Incorporated in the Federal Republic of Germany with limited liability.
Corporate Headquarters/Sitz der Gesellschaft: Deutsche Lufthansa Aktiengesellschaft, Köln
Registration/Registereintragung: Amtsgericht Köln HR B 2168.
Chairman of the Supervisory Board/ Vorsitzender des Aufsichtsrats: Dipl.-Ing. Dr.-Ing. E.h. Juergen Weber
Executive Board/Vorstand: Wolfgang Mayrhuber (Chairman/Vorsitzender), Stephan Gemkow, Stefan Lauer
Lufthansa German Airlines
Customer Feedback Europe
PO Box 1289
Liverpool L69 3AX
UK
Lufthansa Customer Relation:
Germany
Deutsche Lufthansa AG
Deutschland
Gütersloh
Zip Code33322
Fax+[protected]
Help all to FIGHT BACK those crooks:
E-mail Lufthansa CEO, and other employees, tell them what YOU think of that shoddy airlines:
wolfgang.mayrhuber@dlh.de, publicrelations@LHsystems.com, andreas.bierwirth@dlh.de, carl.sigel@dlh.de, carsten.spohr@dlh.de, holger.hätty@dlh.de, lufthansa.europe.uk.ie@dlh.de, stefan.lauer@dlh.de, hubert.frach@dlh.de, jurgen.weber@dlh.de,
Lufthansa German Airlines Reviews 0
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Lufthansa German Airlines addressLufthansa Aviation Center, Airportring 21, Frankfurt am Main, New York, 60546, Germany
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Checked and verified by Maria This contact information is personally checked and verified by the ComplaintsBoard representative. Learn moreJun 13, 2024
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I suppose to fly with Lufthansa flight no.907 0n Friday, 12 July 2019 from Hearthrow airport, UK to Frankfurt at 13H30 for me to be able to connect with Air Namibia flight to Windhoek, Namibia to my surprise arriving at Heathrow airport to check in I was informed that the flight is cancelled reasons unknown at the time. later I was informed that they will booked me at LF 909 at 16h00 to Frankfurt with the understanding that I will still find the flight to Windhoek. to my surprised again the flight was delayed for one again and later for two hours we only be able to took off at 17h30 London time arriving in Frankfurt at an hour later later which makes me to miss my flight to Windhoek. arriving in Frankfurt late overnight at the airport the next day 13 July 2019 I was reroute to Doha with Quatar Airways to Windhoek spend a two nights just within the airports.
I am requesting to consider my request as per passenger rights during the difficult time experienced to claim for compensations eligible as per description.
I will be highly appreciated if my request is considered in good faith
Ticket: LH/ETKT 220 [protected]
your sincerely
Johannes Haiyambo
hi i was wondering if i could ask a question.My 13 year old is flying from dublin to frankfurt and i was wondering do i need to bring her to the check in myself or can she just go there on her own.Thanks
My Lufthansa 20% Transatlantic Savings Certificate expired on September 30th 2015,
Feedback ID: [protected], Approval Code: [protected]
I was told it is renewable, I called several numbers and eventually was directed to send email to your office to issue renewed certificate in order for me to use it within one year extention.
Can you please send me the renewed 20% Savings Certificate in the mail again, my name including address is:
Parso C. Hingorani, 33 Williams Avenue, Spring Valley, New York. 10977, U.S.A.
My Email address: paulhingorani@aol.com
My Landline phone: [protected]
Please acknowledge receipt confirmation and shall appreciate your prompt attention.
I had bad experience with Lufthanza though I always travel with them but this last trip I was coming from Beirut to Atlanta the plane delayed twenty minutes in Beirut so I missed the flight to Atlanta I had to stay the whole 24 hours in the airport they didn't pay me to go to the hotel and unfortunately I missed very important audit I was supposed to do.
I have booked fights (see pages below) the first was with Netflights, once I received the paper work it had the wrong dates on it and as these dates had passed before I found out I lost the full cost of the fares.
Despite trying to take this up with Netfilghts, all kept repeating is that I must have booked the wrong dates, which I insist that I did not; they did contact you to make sure that I did not fly, but despite this they still would not accept that it was their fault.
I rebooked the fights using Expedia for the same date 05/11/2010 return 22/11/2010 (see below) selecting business class, I have just received an update on the ticket.
Which I discovered that the return is booked in economy and not business class, I took this up with Exepdia and they say that there system picks the lost fare, this why I they put in this option.
I have been informed that the return flight ticket is no refundable or upgrade able.
This means I have spent over £5000 and still not got the flights with the correct business class seat for the dates I want to travel. Out 05/11/200 return 22/11/2010.
I would also like to point out that I would never travel economy, as I can only stand for short periods of time, due to having my left kneecap removed and arthritis in my right knee. I am also what you would call a large person 6-2 tall and 270 kilos, so an economy seat would cause me a great deal of discomfort.
I know these problems are not of your making, but surely you can sort this out as a gesture of good will.
suite au voyage que nous avons effectué avec votre compagnie aérienne "LUFTHANSA" un départ paris CDG Terminal 1 le lundi 2 août 2012 destination Chennai (INDE) en passant par FRANKFURT par le vol LH 1051 T et LH 758 T et le retour le jeudi 30 août 2012 avec le vol LH 759 S et le vol LH 1030 S ... nous étions trois personnes ma comcubine LERMINA Marie Bernadette, (moi) MAGNIFIQUE Maren Yves et ma petite fille agée de 1ans MAGNIFIQUE Mélonie Maha le code client 031802, vendeur AMOUDAN
agence SOUNDER TRAVELS 207 rue du faubourg saint denis 75010 PARIS tél [protected] fax [protected]. Pour ma fille ils n'ont pas proposé de solution nous l'avons gardé à la main tous le long du voyage Paris(FRANCE) à Chenai (INDE) De plus le voyage globalement nous n'a pas satisfait du service, les repas, et l'accueil ... et encore j'ai perdu des élements de mon bagage (voir le documents ci joint) les bagages dégradées c' est je vous demande un remboursement du préjudice subit
Mon adresse c'est MR MAGNIFIQUE Maren 22 place des genottes 95800 Cergy Saint Christophe (FRANCE) Tél [protected] ou [protected] Mon e mail : magnifique260872@yahoo.fr
Lufthansa (Feedback-ID #[protected])
2 weeks ago I writed you a message with my personal staff and I steal don´t have a anserw.
Please coll my phone nr. 0033 [protected]
hi
My name is Soledad Calderon, I recived the letter date 13/06/2011
for the process an approprite fefund .
I m still wating for this refund
my agency told me the Lufthansa have to refund to me
Can you tell me who is the person has to refund
many thanks
S Calderon
I had fly from danzig to frankfurt 18 december and I steal don´t get my bagage back
Dnia 10/01/11 wyslalam listem poleconym reklamacje w sprawie lotu, na trasie Nowy York JFK-Rzeszow Jasionka z dnia 27/12/10 w sprawie opoznienia lotu o jeden dzien i