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Complaints & Reviews

The complaint has been investigated and
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Resolved
Lufthansa customer dis-service

I am awaiting a response on a request for refund which was sent on the 5 March 2008. I am attaching a letter I sent to them today.

Dear Mr Mayrhuber

I would like for you to consider the following and let me know if you believe that this is good business practice and furthermore to follow up on my complaint and refund.

I flew from South Africa to Portugal via Frankfurt using Lufthansa. As I am sure the flight was not the best, but this is not what this e-mail is about. I was not going to utilise the return ticket and contacted my travel agent for a refund. The travel agent contacted Lufthansa in Porto, Portugal and was informed that I was to contact you directly.

Now the fun begins. The return flight was booked for the 17 March 2008, and I sent an e-mail on 5 March 2008 requesting my refund. I completed the tedious task of sending an online request for a refund on a ticket for the above date. Check your records from roughly 2 and a half months ago and you will find it. I hope it takes as long for you to find it as it has me trying to find the right place to send this complaint to. Don't say it was never received as I have an automated response with a reference number (1429778). To date I have not had a response to this e-mail. The response noted that "...and will start the processing immediately.", How long is immediately in your company?

After a further, I don't know how many, e-mails and phone calls, I got one response which was for further information. This was from a Robert who requested more details on 21 May 2008, which I sent immediately, that is on 21 May 2008 which is the same day that I received his e-mail, and I have not heard a word since. I sent a follow-up e-mail on 29 May 2008, and guess what. he has not responded. That was no surprise for me.

I would like to inform you that I have been in the service industry for more years than you wish to know and these are my observations of Lufthansa.

1. Make it as difficult as possible for the customer to contact you when there is a complaint. That way you wont get as many as you should.

2. Don't give out personal e-mail addresses. That way nobody can be held responsible.

3. Under no circumstances give out managers contact numbers. This is in fear of having to face the client in a one on one call.

4. Because of the demand for flights, make compliments easy and look after these customers. Don't worry about the complaints as there is another customer waiting in line.

5. If the customer waits long enough, the frustration will make them go away.

With this in mind, I hope you do not deal with this e-mail the way all my other e-mails have been dealt with.

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    • Za
      zakraui abdaslam Nov 09, 2008
      This comment was posted by
      a verified customer
      Verified customer

      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.

      0 Votes
    • Pr
      pro Feb 18, 2009
      This comment was posted by
      a verified customer
      Verified customer

      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.[protected]@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.[protected]@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.[protected]@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.[protected]@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.[protected]@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.[protected]@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.[protected]@dlh.de, [protected]@LHsystems.com, andreas.[protected]@dlh.de, carl.[protected]@dlh.de, carsten.[protected]@dlh.de, holger.hä[protected]@dlh.de, lufthansa.europe.uk.[protected]@dlh.de, stefan.[protected]@dlh.de, hubert.[protected]@dlh.de, jurgen.[protected]@dlh.de,

      0 Votes

    Lufthansa disgraceful service and lost luggage and delays

    Send all your Complaint problems to the following people for help :

    Luciana Leybourne / Laura Pierce / Jessica Fawcett / Mary
    Customer Feedback Europe
    Lufthansa German Airlines
    Customer Feedback Europe
    PO Box 1289
    Liverpool L69 3AX
    UK
    E-mail: customer.feedback.[protected]@lufthansa.com

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      • Ab
        abdelhadey Nov 06, 2011
        This comment was posted by
        a verified customer
        Verified customer

        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

        0 Votes

      Lufthansa lost items!

      I was on board lufthansa's flight LH788 from hamburg to manila. After arriving Ninoy Aquino International Airport here in manila, i found out that my luggage was lost so i immediately filed a report at lufthansa. On the 20th of January, i still don't have and informations regarding the whereabouts of my luggage. One of the supervisor of lufthansa local office by the name of mr. fidel de la paz told me to fax him a list of items that were inside my luggage to facilitate the search for my luggage. I did what mr de la paz asked me to do. on the 23rd around 8:00pm local time, i was able to retrieve my luggage. upon arriving home, i checked my luggage and to my surprise. There are a couple of things went missing. my digital camera (two sets of sony cybershots), external hard disk drive (500GB) portable dvd player (hitachi). I was now trying to contact again mr de la paz but all the phones are busy.

      Is there anybody that could help me retrieved those missing items or be compensated.

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        • Ui
          Uinon Dec 24, 2010
          This comment was posted by
          a verified customer
          Verified customer

          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 !!!

          0 Votes
        • Ui
          Uinon Dec 24, 2010
          This comment was posted by
          a verified customer
          Verified customer

          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.[protected]@hotmail.com
          mobile number [protected]

          0 Votes
        • Jo
          Jocelyn Rivera May 09, 2011
          This comment was posted by
          a verified customer
          Verified customer

          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

          0 Votes

        Lufthansa bad service and treatment!

        I want to share my worst flight experience ever with you.for more then 10 years I travel world because of my job .On 19 th december we take your 13.55 pm flight by Lufthansa from Istanbul to Frankfurt’then connecting flight to New York at 17.00 pm. From beginning I was concerned about 1 hour transfer time (the flight schedule was arranged by local Lufthansa office)so I talked at least 2-3 times with local Lufthansa people about this but they were so convincing that there won`t be any problems.First shock was by learning on 19 th while waiting in istanbul that flight will be delayed for 40 min.Lufthansa flight was the only delayed flight on schedule table since morning. I called Lufthansa office in Turkey there was about half an hour to boarding time, they were not aware of any delay with the flight! Then we rushed to lounge to talk but nobody Lufthansa was there. Then boarding time announced Lufthansa attendants ll tell same story; we`ll compensate loss on air, Lufthansa people will help when we`ll arrive, if necessary plane to plane transport will be made to reach us etc. We departure with more then 1 hour delay. Arrival time was announced as 16.50 but still I was hopeful that Lufthansa will transfer us or find a solution which we were continuously advised by your staff. Just before landing they begin to announce door numbers etc. but despite fact that there were more than 25-30 people to New York nothing announced. After landing only Amsterdam passengers were transferred to their plane directly. I had great difficulty in understanding why while they can wait us in Istanbul for more then 1 hour as we came on time why we`re not transferred to plane and wait plane for half an hour latest, but I found answer next morning before our flight,we were being offered extra 600-700 euros to wait for next plane because there were 4 people overbooked, so it was not logical to wait plane while they were people on wait list ready to pay 3-4 times of our fees and to keep people by paying only 100 euros per night who cares, sweet money! We were shocked and depressed and furious,when we get on bus we quickly learned we were not alone there were many others effected.we get off bus and was at least waiting some ground people to take care (there are at least 25-30 people effected in different flights) but no one was there and we were left to own destiny. Then we go to ticketing desk by asking people. at least we were waiting some understanding and good treatment to ease our pain. But Lufthansa people were acting like this was very normal and as we made a mistake and being punished for that.there was no flight till next morning 10.00 am and big shock came as we don`t have German visa(normally you don`t need for flying to US) we had to spend 16 hours at airport!!! We were granted 35 euro per person with great generosity!!! I asked at least to ease our pain can`t they let us to use Lufthansa lounge answer was no. I can`t explain how terrible to spend 16 long and never ending hours at an airport like a prisoner and even without a bed to slip and sleeping at hard chairs of airport.Ticketing people at Lufthansa first told us to come later to take pillows and blankets but then told they run out. It was most terrible night and experience we lived ever and will never forget. The point disappointing and frustrating me is not the delay or not catching the plane but attitude of Lufthansa against us and not treating us well.Firstly I strongly believe there was still chance for plane transfer as we arrived before departure of plane. But biggest disappointment is why it was so difficult to attain a ground personnel to take care of this people and showing you care. We`ll form a group at face book with all people effected, then we`ll prepare a declaration and share with internet platforms and newspapers, also we`ll check our rights legally because you have no right to treat us in such bad way, make us spent 16 terrible hours at airport without an excuse and ruin our holiday.

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          • Pr
            pro Feb 18, 2009
            This comment was posted by
            a verified customer
            Verified customer

            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.[protected]@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.[protected]@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.[protected]@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.[protected]@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.[protected]@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.[protected]@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.[protected]@dlh.de, [protected]@LHsystems.com, andreas.[protected]@dlh.de, carl.[protected]@dlh.de, carsten.[protected]@dlh.de, holger.hä[protected]@dlh.de, lufthansa.europe.uk.[protected]@dlh.de, stefan.[protected]@dlh.de, hubert.[protected]@dlh.de, jurgen.[protected]@dlh.de,

            0 Votes

          Lufthansa lufthansa capitalizing on a cancer patient!

          I have not expected from Lufthansa to act in a very inappropriate manner toward the people that need medical attention. My mother is a cancer survivor, and when she was purchasing tickets overseas, she was assured that there WILL BE NO EXTRA CHARGE for changing return date if it is due to the medical condition. She spend last 10 days in the bed, and I tried to change the ticket to the earlier flight, but the rudeness and the difficulty I have encountered were beyond what one can expect. Even though, the tickets we found we way in the future, (almost 4 weeks) in advance, Lufthansa did not want to change those without the charge. Later they explained that THE SYSTEM IS SET UP THAT WAY. "That way" means that they will take the payment and then you can ask for refund. Then they only have one FAX MACHINE for faxing your request, NO PHONE NUMBERS, NO REFERENCE NUMBERS,... so that you can not check if your request is received, is worked on, who is responsible. This is unheard of. I will make sure that i file complaints with all governmental bodies to get to the bottom of this.

          THIS IS NOT HOW YOU SHOULD TREAT A CUSTOMER WHO IS A CANCER PATIENT!!!

          Son of the passenger,

          Michael Stanic

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            • Pr
              pro Feb 18, 2009
              This comment was posted by
              a verified customer
              Verified customer

              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.[protected]@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.[protected]@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.[protected]@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.[protected]@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.[protected]@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.[protected]@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.[protected]@dlh.de, [protected]@LHsystems.com, andreas.[protected]@dlh.de, carl.[protected]@dlh.de, carsten.[protected]@dlh.de, holger.hä[protected]@dlh.de, lufthansa.europe.uk.[protected]@dlh.de, stefan.[protected]@dlh.de, hubert.[protected]@dlh.de, jurgen.[protected]@dlh.de,

              -1 Votes

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            Lufthansa poor service!

            1) On 14.10.2007 Lufthansa flight from Berlin to Frankfurt at 19:55 (connection to Istanbul) was canceled without any explanation,
            2) Service personnel behaved as if this is something normal to be accepted without questioning,
            3) During our discussion, the service personnel said several times that the price I paid for the ticket is already low (180 euro one way) that I do not need to complain. It looks like Lufthansa does not have standard service for economy class but gives poorer service (including flight cancellation) and humiliates those who choose lower fare flights announced on their web page.

            They put me to a flight through Munich next morning with 40 min connection time in Munich. The plane was late 20 minutes, and my luggage did not arrive.

            I talked to colleagues and they experienced similar domestic (within Germany) flight cancellations without any announced reason.

            Conclusion: Never ever with Lufthansa!!!

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              • Pr
                pro Feb 18, 2009
                This comment was posted by
                a verified customer
                Verified customer

                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.[protected]@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.[protected]@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.[protected]@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.[protected]@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.[protected]@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.[protected]@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.[protected]@dlh.de, [protected]@LHsystems.com, andreas.[protected]@dlh.de, carl.[protected]@dlh.de, carsten.[protected]@dlh.de, holger.hä[protected]@dlh.de, lufthansa.europe.uk.[protected]@dlh.de, stefan.[protected]@dlh.de, hubert.[protected]@dlh.de, jurgen.[protected]@dlh.de,

                0 Votes

              Lufthansa new baggage was almost totally destroyed when delivered

              Please, find below an e-mail that I have sent to Lufthansa and about witch I have never received any answer.

              "As you recently noticed, my luggage was lost during a flight between Porto and Krakow, with transfers in Lisbon and Munich (1st of July, 2007). This file was referenced by you with the number KRKLH10300. After more than 24 hours, my bag was delivered at my temporary address in Krakow, but I was speechless when I saw what you where delivering to me. It was a new bag two days before, and this was its first utilization. As anyone could expect, it wouldn't arrive as new as when it left Porto, but I never thought that I would see something like this. It costs around 70EUR in Portugal and thanks to your service it will never be able to be used again. It is completely damaged! I'm sending some photos in attach for you to see how your workers have treated my luggage. Inside, obviously, it was a complete mess like I have never seen before (and believe me that I have used Lufthansa and TAP before with much better results). Therefore, I'm hoping that you have a quick answer to me, in which you explain how you will compensate me for the damage that you have caused (and I'm only talking about the material loss).

              Best regards,

              Goncalo Gaspar"

              This is my advice: DO NOT USE LUFTHANSA. Some low cost companies seem more careful and don't charge as much...

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                • Fa
                  Fahdl Alqashamah Nov 13, 2007
                  This comment was posted by
                  a verified customer
                  Verified customer

                  My name Fadh Alqashamah I traveled on 10/09/2007 and one of my luggage was lost Tickets or tag # LH 075045 When I got to my final destination in Sanaa Yemen they said that the luggage was not shipped from Detroit Michigan. Now I dont know where is my piece of luggage. Thank You!

                  Fadh Alqashamah
                  4842 Mead St
                  Dearborn, Mi 48126
                  Tel [protected]
                  Fax [protected]

                  0 Votes
                • Pr
                  pro Feb 18, 2009
                  This comment was posted by
                  a verified customer
                  Verified customer

                  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.[protected]@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.[protected]@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.[protected]@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.[protected]@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.[protected]@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.[protected]@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.[protected]@dlh.de, [protected]@LHsystems.com, andreas.[protected]@dlh.de, carl.[protected]@dlh.de, carsten.[protected]@dlh.de, holger.hä[protected]@dlh.de, lufthansa.europe.uk.[protected]@dlh.de, stefan.[protected]@dlh.de, hubert.[protected]@dlh.de, jurgen.[protected]@dlh.de,

                  0 Votes

                Lufthansa poor service!

                I traveled by Lufthansa flights from Hyderabad (India) to SFO (USA) on 27th from India.Though we had asked wheel chair for me and my wife at Frankfurt airport we were taken in the small car inside the airport to our terminal from the alighted terminal.We were asked to shift to three such cars(we had knee problem and still we managed with pain and all), asked to walk few yards etc., and finally asked to sit in the waiting hall near to the flight no 454 to sfo. Again at sfo after getting from the flight only one wheel chair was available though we asked for both of us. On top of it when I asked why like this sort of treatment even though we had booked well in advance the reply we got was astonishing. The gentleman told that if we want we could avail only one and told us to accept forcibly and shouted at me telling me not to argue and block the way. Finally I put my wife in the wheel chair and came out. Being a elderly persons with some problems only we ask for wheelchair helps and the and this treatment we got is really painful.

                The same airlines gave us nice treatment when we traveled by Lufthansa in 2005 April to USA from India.

                I hope they would correct and extend courteous treatment in future to one and all!!!

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                  • Sr
                    Srinivas Sep 10, 2007
                    This comment was posted by
                    a verified customer
                    Verified customer

                    I am not surprised by reading this complaint. I traveled in Lufthansa 3 times so far between India and USA, for now I am forced to travel in this stupid airline because I don't have alternative direct flight choice to HYD - India. Lufthansa is operated by a bunch of racists who treat indian passengers like dogs. I am not flying Lufthansa any more, all indians should ban this airline. I am waiting for Indian private sector to take over Indian market.

                    0 Votes
                  • Fl
                    flyhi152 Jun 06, 2009
                    This comment was posted by
                    a verified customer
                    Verified customer

                    I don't believe that all LH employees are racists. You might have had a bad experience but I would not call LH a racist company. I had some really good experiences with very nice and helpful employees and i am saying this despite my negative experiences with this company. I believe that it is unfair against the nice ones who try to give their best in a difficult working environment.

                    The one Airline that I will definitely avoid under any circumstances is Air India. I used them only once and that was enough. (canceled flight due to the lack of passengers, had to spend night at the airport, no hotel, no compensation, no refund for the new ticket that I had to buy for my connecting flight..)

                    0 Votes

                  Lufthansa terrible costumer service!

                  The BEST advice I can give anyone who is about to fly Lufthansa is DON'T CHECK YOUR BAGS!! Thats if you can help it... I recently flew Lufthansa from Venice to Miami with a plane change in Frankfurt. The customer service agent in Venice informed that I could only take one carry on bag with me, I had a small rollerboard type suitcase, a small tote, and a laptop in a laptop case inside my rollerboard.. So I decided to take my laptop and check my small tote and rollerboard.

                  We boarded the flight in Venice and had to sit on the plane at the gate for over two hours due to bad weather in Frankfurt, we arrived in Frankfurt 20 minutes after our connecting flight to Miami was scheduled to leave but decided to run to the gate just in case the flight to Miami was still at the gate which it was and we boarded the flight. When we arrived in Miami I was not surprised that our luggage did not make it due to the short connection time. We quickly went to the baggage counter and filled out a claim at which time I was told that my bags would be on the next flight, which would have been Friday and that I would receive a phone call after the bags cleared customs and were picked up by the driver who was to deliver them to my home giving me a time frame on when he would deliver them. After waiting all day and not hearing from Lufthansa I decided to call the 800 Number at about 8pm at which time I was told that my bags were not loaded on the flight and that there had been bad weather in Frankfurt and my bags should be on tomorrow(Saturdays) flight. Well, Saturday came and went and still I heard nothing from Lufthansa, so at about 8pm I call them and am told that my bags were not loaded on todays flight and to check back tomorrow (Sunday) in the mean time my cell phone has lost its charge because my charger was in my luggage so I was forced to buy a new one. So Sunday at about 2pm I called Lufthansa and was informed that one of my bags was loaded on the flight and that the driver would call me once he picked the bag up, well after waiting all day like I had be doing for the last 3 days I called the 800 number for baggage and was treated horrible by the lady on the phone!!! She kept saying "MAAM, your bag was one of 93 bags loaded on this flight today, it made me feel like my bag was just a number, which I know it was to her but it is not the appropriate thing to say to someone who is and has been without their personal things (I had a ton of clothes in my bag as I had been away for a while) finally at 1045 pm Sunday night a man showed up with my small tote bag , I was hoping the one bag that was loaded was my larger bag that contained most of my things... But at least I had one. On Monday I called and was told my second bag was on the load list for the flight that day so again I waited all day for the call which once again I never received, I called the 800 number for baggage and was told my bag did not arrive in Miami and was scheduled for Tuesday... So Tuesday I call and was told that yes my bag had arrived, at which time I offered to pick up my bag and was told no that was not a good idea the driver was scheduled to pick up the bag , at about six pm I did receive a call from the driver saying he would deliver the bag between 8 and9 pm So once again I rearrange my schedule and I wait and wait and finally at 1245 am my bag is delivered!!! While I am so relieved to have my things back, I am disgusted with Lufthansa and their lack of regard for my property and most of all my time. I was never once offered an apology and was treated horrible when I called to check on my bags. I by choice will never fly Lufthansa again and will tell my company to never book me on them again. I will never ever check a bag on any airline again. Lufthansa is by far the worst customer service experience I have ever had!!!

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                    • Pr
                      pro Feb 18, 2009
                      This comment was posted by
                      a verified customer
                      Verified customer

                      Best advice?

                      Do not fly Lufthansa!

                      I encourage every one to Boycott the worst world wide airline:

                      Lufthansa German shoddy predatory greedy Airline !!

                      Let them as they are planning to do ... dream to acquire other airlines and to destroy the competition: Air Austria, Air Italy, LOT, Swiss Air.

                      Would you fly to be screwed, arrested and even jailed?

                      Fly LUFTHANSA!

                      Lufthansa apparent Customer Service and Marketing Plan: Screw them!
                      LUFTHANSA CEO WOLFGANG MAYRHUBER Marketing Plan:
                      Hire the cheap incompetent idiots as stewardeses and ###s as captains, for your money they will help you to be arrested jailed and fined, just for supporting and flying on shoddy LUFTHANSA Airlines in old tradition of SS!
                      On February 10, 2009 the people of Poland were told and had the best proof how well the employees of LUFTHNSA are carring about passengers, when member of Polish parlament, candidate for polish Premier, Jan Maria Rokita on Lufthansa flight LH3336 first was assaulted by Lufthansa stewardess, than late after her racist behavior and fraudulent claim to aircraft captain, he and his wife were denied boarding and due to fraudulently claimed alleged “agressive behavior“ wrongfully arrested by evidently racist German police.

                      Lufthansa Airlines confirmed that on 10 of February, 2009, the passenger was escorted by the German authorities from the aircraft on flight LH3336 between Munich and Cracow.
                      Unfortunatelly the idiots from Lufthansa did not know the gentelman whom they assaulted, was11.07.1992 - 26.10.1993 Chief of the Office of the Council of Ministers, the potential Prime Minister of Poland, Member of Parliment, and his wife Nelly Rokita, who is the adviser of Polish President Lech Kaczynski, but the polish citizens know very well his always set back and restrained behavior. In 2003, Jan Maria Rokita was awarded “Man of the Year“ title, which is a very prestigious award.

                      That is the marketing act of the century!

                      Lufthansa latest Marketing slogan:
                      We hope that in spite of the irregularities you had a successful and pleasant trip and you will choose Lufthansa again in the near future.

                      Really?

                      I hope you will be soon out of business, you damn german crooks!


                      My best LUFTHANSA EXPERIENCE:

                      Canceled flight LH 9052 on trip to Honolulu, Hawaii:

                      Iterinary:

                      GDN LO 359, Saturday, December 27, 2008

                      FRA UA 901 / LH9052, Saturday, December 27, 2008

                      SFO UA 79 / LH9136 Saturday, December 27, 2008

                      HNL UA1036, Saturday, January 17, 2009

                      SFO UA 0906, Sunday, January 18, 2009

                      MUC LO 396 Sunday, January 18, 2009

                      Lufthansa knowingly abandoned the passengers, failed to inform them of their rights, than refused to pay mandatory cancellation compensation.

                      The governing laws:

                      ● Regulation (EC) No 261/2004, being valid from February 17, 2005, establishing common rules on compensation and assistance to passengers in the event of of cancellation of flights. In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, and this definitively is not the case.

                      ● European Court of Justice: case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008. The European Tribunal of Justice (EJC) on December 22, 2008, in Wallentin-Hermann case closed the loophole of always abused frivolous interpretations used by the airlines of “technical or extraordinary circumstances“, when further defined and limited the use of such defense. Finally the definition of “technical and / or extraordinary circumstances“ by the ECJ court now stands firm and solid. Any carrier must prove that the alleged mechanical problem leading to the cancellation was “beyond its actual control, ” the court affirmed in a statement.

                      Complaint:

                      In case of any flight cancellation for whatever reasons the airline(s) are required to provide passengers with:

                      • emergency flight booking, and an alternative transport to final destination, what was not at all done by either of the airlines.

                      Canceled was the segment (UA 901 / LH 9052) of my multiple segments flight, starting on December 27, 2008. The flight operator is United Airlines (UA 901) while the contractual booking carier is Lufthansa with flight number LH 9052.

                      My reservation was through Lufthansa airlines on Lufthansa flight LH9052, I am entitled to claim compensation from Lufthansa, the airline with which I have the contract, for breach of that contract.

                      The governing laws:

                      ● Regulation (EC) No 261/2004, being valid from February 17, 2005, establishing common rules on compensation and assistance to passengers in the event of of cancellation of flights. In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, and this definitively is not the case.

                      ● European Court of Justice: case Wallentin-Hermann v. Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008. The European Tribunal of Justice (EJC) on December 22, 2008, in Wallentin-Hermann case closed the loophole of always abused frivolous interpretations used by the airlines of “technical or extraordinary circumstances“, when further defined and limited the use of such defense. Finally the definition of “technical and / or extraordinary circumstances“ by the ECJ court now stands firm and solid. Any carrier must prove that the alleged mechanical problem leading to the cancellation was “beyond its actual control, ” the court affirmed in a statement.

                      Flight Cancellation (Article 5): Cancellation is the non-operation of a scheduled flight on which at least one place was reserved. From this, claims for compensation and assistance under Articles 7, 8 and 9 of the a.m. EC Regulation will arise (see summary in the attached table). Under extraordinary circumstances, the operating air carrier is partially or totally exempt from the obligations under the a.m. EC Regulation. Examples: Political instability, meteorological conditions incompatible with the operation of the flight, security risks, unexpected flight safety shortcomings, strikes, etc.

                      Disclosure:

                      The operating air carrier is obliged to comprehensively inform the passengers of this EC

                      Regulation. For this purpose a notice at check-in is required and in addition a written

                      description of the rules for compensation and assistance in the case of denied boarding,

                      cancellation or a delay of more than two hours is to be handed over to each passenger

                      concerned. At the same time the passengers shall be informed in writing of the responsible

                      body for complaints.

                      Derogating or restrictive clauses in the contract of carriage cannot limit or preclude the

                      contents of the Regulation.

                      Policy enforcement: The Luftfahrt-Bundesamt (LBA) is the competent authority for the implementation of Regulation (EC) No 261/2004 in Germany. Under this task the LBA analyses on the basis of the complaints the individual air carriers’ policies and causes the air carriers to eliminate systematic infringements of the EC Regulation. If necessary, sanctions will be imposed consisting of fines. The aim is to ensure proper implementation of the consumer protection regulation according to EC law in Germany and to reduce the causes for passenger complaints.

                      Rights to compensation : Under the following conditions, compensation or assistance according to the EC Regulation (Article 3) may be claimed:

                      1. The passenger is departing from a German airport or the passenger is departing from an airport in a third country, the arrival airport is a German airport and the operating air carrier is an air carrier licensed under the Council Regulation (EEC) No 2407/92.

                      2. The passenger has a confirmed reservation and presents himself/herself for check-in at

                      the time indicated in advance or if no time has been specified, not later than 45 minutes before the published time of departure or the passenger has been transferred by the air carrier or the tour operator from a booked flight to another flight and presents himself/herself for check-in at the time indicated in advance or, if no time has been specified, not later than 45 minutes before the published time of departure.

                      Determination of compensability: In case of flight cancellations, the operating air carrier is not obliged to pay compensation in accordance with article 7 of Regulation (EC) No 261/2004, only if it can prove to the Luftfahrt-Bundesamt (LBA) that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

                      The reasons leading to the flight cancellation shall be given in the form of the statements as requested in this form and shall be verified by appropriate documentation. LBA will resolve upon the acceptance of the statements on the basis of the information and documentation provided.

                      Information about the kind of documentation that is to be provided as means of proof is given in the note boxes coloured in grey (see below) in each section. If more than one complaint refers to the same flight, it is sufficient to fill out the just once. In this case, however, the LBA reference No of the complaints concerned shall be stated in section 3.

                      This form is to be signed in section 8 by the person acc to article 63d lit. 4 of Luftverkehrs-Zulassungs-Ordnung (German Air Navigation Certification Order) being the competent person for clearing and accepting complaints in your company.

                      Changes concerning this person and/or in the contact addresses are to be declared in writing to LBA without delay. If your company has not yet provided this information, the person and/or the contact address are to be announced in writing to LBA without further delay.

                      If one is refused entry to flight because of overbooking or find that your flight has been cancelled, the airline must hand you a leaflet explaining your rights and describing how much money one is entitled to. The rates are: ● Flights of 1, 500 km or less: € 250 ● Flights between 1, 500 km and 3, 500 km: € 400 ● Flights of more than 3, 500 km: € 600

                      It is up to enforcement agency LBA to determine if airline is obliged to pay compensation, not by Lufthansa customer service office clerks (Fabian Herrmann and Janine Seidel) or United customer relationship.

                      Airlines liability insurance minimum coverage: The law requires mandatory insurance for each airline against liability as follow: In accordance with Article 6 of the Regulation (EC) No 785/2004 and §§ 45-47 Luftverkehrsgesetz (Air Navigation Act) the minimum liability insurance cover in respect of passengers, baggage and cargo shall be as follows:

                      ● 250.000 special drawing rights per passenger for bodily injury

                      ● 4.150 special drawing rights per passenger for delayed carriage of passengers

                      ● 1.000 special drawing rights per passenger for damage to baggage and delayed carriage of baggage ● 17 special drawing rights per kilogram for damage to cargoBoth, Lufthansa Airline or United Airline never handed to any of the passengers as required liflets and / or explaining customers rights.

                      Passengers rights enforcement:

                      The competency to deal with passengers complaint is with the national enforcement body where the flight - segment problem had its origin, and / or where the airline is domiciled.

                      Consequtly I have requested mandatory compensation from Lufthansa airline as the result of canceled one of the segments of my on round trip flight from Gdansk (GDN) Poland, to Honolulu (HNL), Hawaii, USA.

                      The European Court of Justice assured that the airlines must pay up, unless the technical fault was due to “exceptional circumstances“ exclusively defined by the court, such as an act of terrorism or deliberate sabotage.

                      Further the compensation may be refused only, if the technical problems stem from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier, are beyond its actual control.

                      Both airlines in violation of Regulation (EC) No 261/2004, negligently abandoned the passengers. Both United Airlines as well as Lufthansa are jointly in contempt of the European Court of Justice. The final decision in Wallentin-Hermann case final verdict, was delivered in mid December of 2008.

                      The law requires that in situation like this airlines, not the passengers themselves, arranges reservation service as the replacement for cancelled flights, what was never offered or done. Both United Airlines as well Lufthansa not communicating with each other, are “Star Alliance“ members.

                      Over public announcement service we were informed to seek the hotel Steigenberger, and no one who is not familiar with the town could not locate them. We were only told where to go to the exit, nobody assisted us to find hotel shutlle bus-stop. We were running to and from seeking that bus stop. There was no any form of help to direct us in the right direction.

                      All Lufthansa did is to tell all passengers to call toll free number: [protected], to United Airlines located “somewhere“ in all center in the United States.

                      Consequently as many passengers were calling at the same time it was impossible to get to United Airlines employees, the phone were busy, the waiting time was tremendous, mobile (cellular) telephone bill as the consequence are enormous.

                      If someone was lucky and get connected after several hours of trying, than United told Lufthansa passengers, that have no records of any passengers booked as Lufthansa passengers, and in my cast I am not listed on United Airlines Flight UA 901 passengers list, only due to incompetence of airline employees causing counterproductive tremendous stress, aggravation and tremendous general confusion.

                      My flight was more than 3, 500 km and as the boarding was denied, I am entitled to the regulatory damage of not less than € 600, plus any and all the expenses on any consequent flights.

                      In addition should any airline flying from EU airports responsible for the delay or cancelation of the flight anywhere in the world, passengers are entitled to claim 4, 150 SDR (Special Drawing Right), which at the currency exchange rate was about 4, 897.00 €, equivalent of about 6, 300.00 U$, (the exchange rates needs to be prorated to actual currency exchange rates on the day of occurrence, December 27, 2008).

                      Both airlines after the incident caused only by airlines negligence, ground support mechanics damaged the winglet of the aircraft, negligently abandoned all passengers.

                      Incident was clearly preventable, was caused only as the result of not following by airline(s) personel mandatory operating safety procedures on the airport ground, tarmac, by ground support crews. The parties are governed by the binding contract and whenever a passenger purchases a ticket, he does so for a comfortable journey.

                      Travel time: As the travel took from 05:00 am Friday, December 27, 2008 Polish time, (06:00 pm Friday, December 26, 2008, Honolulu time) with the arrival (landing) at 11:55 am, Sunday, December 29, Polish time (Sunday, December 28, 2008 10:55 pm Honolulu time), with consequently lost luggage which was delivered at the local address, which I have received later at 4:00 am Honolulu Time, all time being sleepless. My entire hardly earned vacation were ruined by flight delay. That is almost 58 sleepless hours in transit or travel.

                      Compensation entitlement: Regulation 5 (EC) No 261/2004, European Court of Justice in Luxembourg: Case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), December, 22, 2008.

                      Justice agreed that any technical issues during aircraft maintenance don’t constitute “extraordinary circumstances” that would allow airlines to avoid paying passengers compensation for canceled flights.

                      In its judgment, the Fourth Chamber of the Court of Justice held:

                      “Extraordinary circumstances” was not defined in the 2004 Regulation, but the phrase was to be interpreted narrowly since article 5(3) constituted a derogation from the principle, indicated in recitals 1 and 2 of the preamble, of protection of consumers, in as much as cancellation of flights caused serious inconvenience to passengers.

                      In addition to denied boarding on flight of more than 3, 500 km, compensation of not less than € 600, I am entitled also to claim flight cancelation 4, 150.0 SDR (Special Drawing Right), of about 4, 897.00 €. I am also entitled to any and all incurred travel expenses, and any legal fees I should encounter.

                      Airlines failed to provide mandatory accommodations after flight cancellation. No notifications, no refreshments (until 18:00 - 6:00pm with first and quite late meal), no flight reservation service.

                      Travel expenses (reconstructed or estimated): Phone calls expenses related to notifying other party (long distance and rooming fees) about flight delay (air time on 2 mobile phones): lump sum of 20, 00 €. Reimbursement for the lunch at Frankurt Airport of 25, 00 € . Air time on my mobile phone for calling for seveal hours from Frankfurt to toll free number in United States lump sum of 25, 00 €. Refreshments at Frankfurt 20, 00 €. Entertainment at Frankfurt, while forced to spend night at hotel 50, 00 €. Meals while waiting at the San Francisco airport (per diem), lump sum of 35, 00 €, refreshments 20, 00 €. Taxi in Honolulu lump sum of 25, 00 € (I missed the free transpportation from Airport to residence). Refreshments and dinner in Honolulu (per diem) 50, 00 €. Recuperation from jet lag after the travel (5 days) at per diem rate of 500, 00 € per day.

                      Total claimed lump sump casual and ordinary out of pocket travel expenses are: 2, 9035.00 €.

                      Complaint preparation fees 250.00 €.


                      What was the air carrier’s reaction?

                      Lufthansa after classical stunt of denial of the compensability due to as alleged fraudulent claim “ unfortunate event was an unforeseeable, unexpected and exceptional accident“ and is now arogantly ignoring me, is NOT at all responding any more to any correspondance related to claim submitted via e-mail, or their website.

                      The communication with the airline is extremally difficult. Airline(s) has not informed passengers of their rights, neither has disclosed any proper procedures for submitting complaint, and such despite the demand were never disclosed to me, to properly communicate between the passengers and the carriers. Many passengers as foreign nationals were not proficient in german or english languages.

                      1. The flight was cancelled. Both United Airlines as well Lufthansa are Star Alliance members. Passengers were abandoned by both airlines.

                      2. All Lufthansa did was to provide passengers with the Toll Free number: [protected], of course to United Airlines located somewhere in the United States. No efforts were undertaken to accommodate the (non English speaking passengers). Many foreign travelers couldn't also not speak German. Many were Germans, who are not obliged to speaking English in their home country!.

                      3. Over public announcement service we were informed to seek the hotel Steigenberger. There was no any form of help to direct us in the right direction.

                      4. Passengers booked on United Flight under Lufthansa were told by United that they are not on passengers list. I learnt about it after my call to United Number [protected]. Only by jogging from Hotel to Airport, and between United and Lufthansa with substantial arguments the passengers were able to fight themselves for the reservations, on connecting flights.

                      5. The stress was building up as: Lufthansa persistently mislead all passengers claiming that it was United flight and reservations must be made with United Airlines by the passengers. United refused to accommodate Lufthansa passengers.

                      6. In case of cancelled flight the airline has the obligation to arrange the reservations for the passengers not the passengers themselves.

                      7. That is what the passengers are paying for to their travel agents. The Star Alliance members are required to settle their professional duties between themselves. Abandoning passengers in case like this raises to criminal negligence.

                      8. The Airline is responsible to accommodate the passengers in any way passengers may require, with no exception.

                      10. As it was impossible to connect with United as to many abandoned passengers were calling reservation office in the US.

                      11. Many people on that flight were even non English speaking people (Polish, German, French, Italians, Russians, etc.)

                      12. Shockingly passengers booked on this flight through exchange with Lufthansa, apparently according to United Airlines, were not on the list of the United Airlines.

                      13. No any form of assistance either by either Lufthansa or UNITED AIRLINES were ever offered to any passengers at Frankurt Airport. That is contrary to statments in the email. Passengers were abandoned, were forced to make their own travel arrangements, despite that they were not proficient in foreign to them language(s).

                      14. Considering that the damaged aircraft was Boeing 747 400 series, accommodating close to at whether they had made adequate arrangements for a substitute plane to be available. Typical seating capacity of Boeing 747- 400 series is 524 passengers. Instead of abandoning passengers after flight cancellation, carrier should immediately arrange for substitute plane through any available airline brokerage. Providing replacement booking for such a huge number of passengers on already booked flights was clearly mission impossible, arogant, unprofessional, ruthless and highly questionable regarding the airlines mission statement, its approach to passengers, and business. It well demonstrates how well the airline is organized and how really cares about its passengers.

                      Some passengers spent over 3 nervous days without the assistance of Lufthansa or United Airlines awaiting for the booking.

                      15. Neither of airlines have had a substitude stand by aircraft at any of the nearest European hubs.

                      Lufthansa deliberately and with malice misleads passengers, denies compensation in violation of the governing law(s) and in contempt of European Court of Justice rulling in Wallentin- Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07), dated December 22, 2008.


                      Citations from Lufthansa written response to the request for compensation: ( customer.feedback.[protected]@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.[protected]@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.[protected]@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.[protected]@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.[protected]@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.[protected]@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.[protected]@dlh.de, [protected]@LHsystems.com, andreas.[protected]@dlh.de, carl.[protected]@dlh.de, carsten.[protected]@dlh.de, holger.hä[protected]@dlh.de, lufthansa.europe.uk.[protected]@dlh.de, stefan.[protected]@dlh.de, hubert.[protected]@dlh.de, jurgen.[protected]@dlh.de,

                      0 Votes
                    • Ch
                      Charlene Dec 02, 2009

                      Lufthansa does not care about the passengers only their profit!!!
                      Do not ever fly Lufthansa. They take your money and do not give you the service. There are countless complaints against them. They ignore customer complaints. In fact in 30 minutes I could not find a customer complaint email address!!! It does not exist. They simply don't care about their customers.
                      Please read the complaints about is company. Don't waste you time or money. There are many other carriers who do care about their customers who will work with you. This company doesn't care about you or your needs. Ok you try to find the customer complaint email address. I dare you!!!

                      0 Votes
                    • Tr
                      Truth In Flying Dec 11, 2009

                      This airline used to be good - now it ranks as one of the most cut-rate "pretend luxury" airlines on the list. Terrible service - even for business class passengers.

                      0 Votes
                    • An
                      Andrzej J Jan 30, 2010

                      The BEST advice I can give anyone who is about to fly Lufthansa is DON'T CHECK YOUR BAGS!!Do not ever fly Lufthansa . We boarded the flight in Warsaw flaying on september 2 2009 to Chicago when we arrived in Chicago I was surprised that our luggage did not make it . We quickly went to the baggage counter and filled out a claim, I was told that my bags would be on the next flight, when my bags arrive after the bags cleared customs and were picked up by the driver who was to deliver them to my home i find my bag with mising bootom, and all my personal things was missing . The total lost over few thousand US$ >In January2010 still not resolve claim.

                      0 Votes
                    • Ve
                      verybadlufthansa Feb 28, 2011

                      Although very comfortable for the price and very welcoming at airport and on flight, the structure of the customer relations service is absolutely terrible, the worst ever seen all services put together. The company makes it impossible for customers to reach their staff to claim anything for lost luggage, putting customer in a complete black hole when it comes to track the complaints sent through their website - as it is the only way to complain!!! The company does not even care replying to complaints except for sending an automatic response saying the complaint has been received. 1st time flying with them and definitely the last one.

                      0 Votes

                    Lufthansa mistreatment / mishandling following ticket problems

                    Re: Lufthansa

                    My companion Ms. Milena Mancuso and I have flown Lufthansa many many times over the past seven years for our regular visits to the United States and have been satisfied with your services. Which is why we were extremely surprised and disappointed by the way we were treated during our last round trip from Marseille, France to Chicago, USA via Munich on 13 April 2007.

                    When we arrived in Munich at 8:45 that morning, my companion's Italian passport was erroneously refused by the private security service employed by the Munich Airport. We were immediately aware that a mistake had been made, and have since obtained proof from both the US Border Police in Chicago and from the Italian Consul in Marseilles that a mistake was in fact made and that her passport is perfectly valid. But by the time the problem could have been resolved, our flight had already left for Chicago.

                    Your agent at the Lufthansa service desk in Munich agreed that a mistake had been made, and agreed to put my companion's ticket on hold until we could get the problem resolved, and Ms. Mancuso had her ticket changed so that she could fly back to Marseilles. We then learned that the Lufthansa agent who had checked us in that morning at Marignane in Marseille had erroneously put all three bags under my name without informing me. This meant that Ms. Mancuso was forced to fly back to Marseille without her bag.

                    The next morning, she learned from her travel agent in Marseilles that her ticket from Munich to Chicago had not been put on hold, as your agent in Munich had told us, but had in fact been canceled as it had not been used!

                    Meanwhile, I flew on ahead to Chicago with our two year-old daughter. I arrived in Chicago the next day to discover that Lufthansa had lost all our bags. I was told that our bags might be arriving at Milwaukee's Mitchell Airport (the closest location to my final destination in the US), two days later, but that someone would call me to confirm first. No one ever called, so I drove out to the airport two days later, to find my daughter's bag (my bag and my wife's were still missing) sitting right out in the middle of the public access terminal with many other piles of bags, where anyone could have taken it! I was told that US Airways had flown it to Milwaukee, but their agents had no record of the bag I'd found. The next day, I found my bag and my wife's sitting out in the street in front of my mother's house upon returning home that afternoon, and no one had called to tell me they were coming.

                    Ms. Mancuso was forced to buy a new round trip ticket, this time with Alitalia and transferring in Milan, with the same return date: 27 April 2007. Before taking our return flight on 27 April, I called the Lufthansa Customer Service Department in the US to confirm our flights, asking specifically if Ms. Mancuso's ticket Chicago-Munich-Marseille was still valid. I was informed that it was. Ms. Mancuso's travel agent checked as well in Marseille, and your agency in France also confirmed her return ticket.

                    When we arrived at Chicago O'Hare for our return flight, Ms. Mohrmann, the woman who checked us in, gave us our three boarding passes through to Marseille, but could not establish a seat number for Ms. Mancuso's Munich-Marseille ticket. She informed us there was a computer problem but that we would get the seat assignment when we passed by the Lufthansa Customer Service in Munich.

                    I explained to her that if there were any problems with my wife's ticket she should tell us now, because my wife was prepared to use her Alitalia ticket to take the return flight to Milan that was leaving from Chicago that same afternoon. Ms. Mohrmann assured me that we would have no problem. She also said that she was sending a telex ahead to Munich to inform them of the problem. A few minutes later at the gate, I noticed that there was only twenty minutes between the arrival and departure times in Munich, so I asked the agent at the gate, Mr. Curtic, to resolve the problem before we left. He said that he could not, but not to worry; a telex had been sent ahead to Munich, and since there was so little time between the flights, someone would be waiting for us at the gate to take us right over to the Marseilles flight. A Lufthansa agent would quickly find us a seat, he assured me. So Ms. Mancuso decided to travel with me and our daughter instead of on Alitalia.

                    Alas, we never should have listened to Mr. Curtic. When we arrived in Munich, no one from Lufthansa was waiting for us, leaving me, my pregnant companion, and my two-year old daughter approximately twelve minutes to run across two terminals of the Munich Airport and to go through security. We arrived exhausted at the gate for the Marseille flight. Here, we were told by your agent, Ms. Scholz, that Ms. Mancuso could not enter the airplane, and that I would have to run back to customer service to resolve the problem. Ms. Scholz refused to give us the seat assignment even when I told her we had all just literally run to make the flight. She would not let us on the airplane.

                    At customer service, your agents refused to help me, saying that the agent in Chicago had, in fact, misled us. When I said a telex had been sent, your agent, Ms. Blattenberger, only smiled ironically and didn't even bother going to check! Her superior, Mr. Arico was particularly unsympathetic. He informed me that the boarding pass I had in my hand was not a ticket, but only a RESERVATION for a ticket, and Ms. Mancuso had no ticket at all. He said all he could do was sell me a new ticket, but there was no more places on any flights that day, and that me, my pregnant companion, and our two-year old daughter would just have to stay in the airport that night or go to a hotel.

                    You can imagine how upset I was. I told him I would have been willing to discuss the matter the morning before in Chicago, but there was no way that Lufthansa could issue us what they said were tickets in the US and then refuse them in Munich. He said there was nothing he could do, and refused to be helpful in any way. I continued to complain and demanded he call his superior, who finally told him to change Ms. Mancuso's unused ticket Munich-Chicago into a ticket Munich-Marseille (which proves her ticket from Munich to Chicago was in fact still valid). Mr. Arico still told us that we could not fly out on that same day, despite the fact that my wife was pregnant and not feeling well and we were with our two-year old daughter. He couldn't have cared less.

                    Luckily, there were technical problems with the airplane for our Munich-Marseille 6:10 am flight, and it left one hour late. Please note that I was the one who discovered the flight was late, and not Mr. Arico. I told him twice that the flight was late but he refused to believe me. I insisted he check and he finally saw it on his screen. We were finally able to use Ms. Mancuso's original reservation to get her a seat on the flight. If the flight had been on time, Mr. Arico and Ms. Scholz would have left us stranded in Munich.

                    I'm afraid all this mistreatment is just too much to accept. Your company bungled our trip from beginning to end and ruined our vacation. We were misled in Munich, lied to in Chicago, and mistreated by your personnel when we tried to explain what had happened after arriving exhausted and panicked in Munich. I have already contacted our family lawyer but I first wanted to let your service know how we were mistreated, and ask you to reimburse Ms. Mancuso's ticket. We feel that this is the least you can do. It's much more than about the money; you can't treat your customers so callously and shuffle them around to various airports, especially with a pregnant women who is unwell and traveling with a young child.

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                      • Pr
                        pro Feb 18, 2009
                        This comment was posted by
                        a verified customer
                        Verified customer

                        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.[protected]@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.[protected]@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.[protected]@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.[protected]@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.[protected]@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.[protected]@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.[protected]@dlh.de, [protected]@LHsystems.com, andreas.[protected]@dlh.de, carl.[protected]@dlh.de, carsten.[protected]@dlh.de, holger.hä[protected]@dlh.de, lufthansa.europe.uk.[protected]@dlh.de, stefan.[protected]@dlh.de, hubert.[protected]@dlh.de, jurgen.[protected]@dlh.de,

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