Lufthansa German Airlines
Reviews and Complaints

on arrival to india one of the bags was missing and only delivered after 4 days this is not correct and was not offered any compensation to buy basic necessitys and had to do un wanted shopping .

Missing baggage since 6/8/2014 from Nigeria to Ireland with Reference no DUBLH30402/06AUG14/1055GMT.

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

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,

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)

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,

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.

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.

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

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.

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

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 !

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 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 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 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,