Refund for Cancelled Ticket

[yellowplum]

I purchased a return ticket from LCA to LON in October 2019, the return date to LCA was set as June 2020. 

However Lufthansa cancelled the flight due to the pandemic. 

 

They did not allow me to partake in the voucher programme however they did issue me with correspondence stating they cancelled the flight and that I would be refunded.

 

Needless to say that I was not, so I complained and complained and was ignored.

I passed the matter to SOP the German arbitration agency that I was informed I had to complain through. 

SOP wrote back to me informing me that Lufthansa had agreed without claim that they would refund the ticket half that was unused some €265. 

 

I received a token refund of the taxes by Lufthansa but not the price of the ticket subsequently I have been ignored by SOP and Lufthansa. 

I then filed a chargeback/dispute with AMEX who took over a month and stated that Lufthansa's terms and conditions meant that they did not have to refund the ticket.  

 

However the airline cancelled the ticket.

 

I am somewhat at a loss how to proceed at this point, I was very surprised with the response from Amex over the dispute (although I haven't received the letter yet).  I have formally complained to Amex this evening.  

 

How do I enforce the arbitration award?  Can I continue to complain against Amex and ultimately the Ombudsman? 

[Kyosanto]

Hi yellowplum, a few questions here

 

• When was your cancellation notified to you, under or over 2 weeks before the flight? If under you can claim for EC261 comp, but it will likely be over because LH know what they are doing.
• Did they not offer any alternative flights? Only a flat out refund? Might help if you paste the correspondence you received from LH.
• How much did you pay in total and how much was offered back?

 

 

[yellowplum]

Lufthansa originally offered everyone a voucher and the ability to rebook any flight anywhere pay the difference no fees to change anything.  When I phoned to do this they told me that I had used half the ticket and they didn't know what to do.  I was told that I couldn't change the ticket only stick to the same location. 

 

I was offered the choice of a full refund at the time or change the ticket. I opted for neither and left it.  It was only then that Lufthansa then subsequently emailed to state the flight had been cancelled and offered a refund. 

 

I've uploaded the ticket original confirmation and the cancellation email I received.   The original ticket was €749.56 and I was offered the half that was unused which they calculated to be €265.54.

 

 

Gmail - Booking details _ Departure_ 09 November 2019 _ LCA-LHR.pdf Gmail - Cancellation Confirmation.pdf Gmail - Conciliation procedure F 133136_20.pdf

[Kyosanto]

Right, well you are lucky. They cancelled your flight on the 25th May and your flight was on the 3rd of June, this means that you are covered by EC261 as your flight was cancelled with less than 2 weeks notice.

 

Your flights is 2020 miles so it qualifies for medium haul flight. Therefore Lufhtanse owes you 800 EUROS!

http://www.gcmap.com/mapui?P=LCA-LCY

 

You will need to claim compensation directly from Lufthansa citing the articles that they are violating. Your claim will then be bulletproof:

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32004R0261

I'm highliting the relevant bits in RED.

 

Article 5

Cancellation

1. In case of cancellation of a flight, the passengers concerned shall:

(a) be offered assistance by the operating air carrier in accordance with Article 8; and

(b) be offered assistance by the operating air carrier in accordance with Article 9(1)(a) and 9(2), as well as, in event of re-routing when the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight, the assistance specified in Article 9(1)(b) and 9(1)(c); and

(c) have the right to compensation by the operating air carrier in accordance with Article 7, unless:

(i) they are informed of the cancellation at least two weeks before the scheduled time of departure; or

(ii) they are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; or   [Kyosanto: From your email it looks like you were NOT offered re-routing, thus the airline violated article 5.1.c.ii]

(iii) they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.

2. When passengers are informed of the cancellation, an explanation shall be given concerning possible alternative transport.

3. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. [Kyosanto: LH might try and pull this card BUT DO NOT LET THEM, as the corona pandemic was known WELL PRIOR to June 2020 and they had ample time to provide you with alternatives, which they did not] 

4. The burden of proof concerning the questions as to whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air carrier.

 

 

Article 7

Right to compensation

1. Where reference is made to this Article, passengers shall receive compensation amounting to:

(a) EUR 250 for all flights of 1500 kilometres or less;

(b) EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres;

(c) EUR 600 for all flights not falling under (a) or (b).

In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time.

2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked

(a) by two hours, in respect of all flights of 1500 kilometres or less; or

(b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or

(c) by four hours, in respect of all flights not falling under (a) or (b),

the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 %.

3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.

4. The distances given in paragraphs 1 and 2 shall be measured by the great circle route method.  [Use my link above]

 

[yellowplum]

Thanks for the quick reply, for clarity I presume this is including and regardless of the refund to the portion of my ticket that I attempted to claim from them, it is either or scenario.

 

Also do I have to go back to SOP to claim against Lufthansa?  What do you suggest is the best course of action to take now that SOP have decreed that Lufthansa should refund me and I tried to claim from Amex but they didn't uphold the charge back for the ticket?

 

Does Covid not impact on them giving out compensation also?

Edited September 26, 2020 by yellowplum

[Kyosanto]

Hey, this is an EC261 claim, so you go to the airline directly and you have to state that in according to article 5 and 7 you are claiming for 400 euros per passengers. No need to go through anyone else. This won't be Amex because it's not a refund on your unused ticket, it's a compensation that you are due from the airline.

 

However I believe you MIGHT be entitled to both the 253 euro refund AND the 800 euro compensation. Those are 2 separate processes from each other so I would pursue each of them separately. You can tell Lufthansa that you accept the refund but also are making an EC261 claim for the cancellation.

 

Regarding the refund itself I believe that the 253 euro calculation from LH is actually correct. Your away flight is in booking class H, which is a high paying tier of economy. Where as your return is in class K which is deep discount.

[yellowplum]

Ok I will give it a go with Lufthansa on what you suggest.  Just one question here, if they don't response/decline what is the course of action to further the complaint and claim for the compensation?

[Kyosanto]

It will be court / legal threats then, but that's out of my experience there. Good luck with the claim and let us know how it went.

[yellowplum]

Thanks for the help. I'll put in a claim against them, see what happens as you suggest I doubt it will be a walk in the park. It is just another avenue, to be honest their entire attitude has been not to engage - lets see what happens - happily come back and provide updates.

[yellowplum]

Update - 11.12.2020

 

Lufthansa have refunded the ticket but didn't respond yet to the claim for compensation. Amex still have a complaint against them for not processing the chargeback (leaving that one to see what happens). 

 

Will come back and update if anything further happens.