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Why did Lufthansa refuse to honor my UK261 compensation claim?
UK261 is the UK equivalent of the EU261 regulation, established after Brexit, which maintains air passenger rights for flights departing from the UK and for foreign carriers flying into the UK.
Lufthansa may refuse compensation claims under UK261 by arguing that the flight in question does not meet the criteria established by the regulation, which includes the nature of the delay and whether the airline is at fault.
A significant aspect of UK261 is that it mandates compensation for delays of over 3 hours, cancellations, and denied boarding, provided that the airline is responsible for the disruption.
The European Court of Justice (ECJ) has set several precedents regarding EU261 compensation, which may influence claims under UK261, such as the Wallentin-Hermann case that clarified the definition of "extraordinary circumstances."
Lufthansa often cites "extraordinary circumstances," such as weather or air traffic control issues, to refute compensation claims, asserting that these factors exempt them from liability under both EU261 and UK261.
The burden of proof lies with the airline to demonstrate that a flight disruption falls under "extraordinary circumstances" and not with the passenger to prove otherwise.
Compensation amounts under UK261 can vary based on the flight distance, with passengers entitled to £220 for flights under 1,500 km, £350 for flights between 1,500 km and 3,500 km, and £520 for longer flights.
The UK Civil Aviation Authority (CAA) oversees compliance with UK261, and passengers can escalate their claims to the CAA if airlines like Lufthansa reject their compensation requests.
Airlines, including Lufthansa, are often known to complicate the claims process, requiring written submissions and lengthy response times, which can frustrate passengers seeking compensation.
The time frame to submit a claim under UK261 is generally within 6 years of the flight date, but this can vary depending on the specific circumstances and the legal jurisdiction.
Lufthansa’s refusal to honor compensation claims has been documented in various consumer reports, indicating a pattern of challenging or denying claims, especially when passengers are not aware of their rights.
The discrepancies between EU261 and UK261 highlight the importance of understanding which regulation applies to your flight, especially for passengers traveling on connecting flights that may involve multiple carriers and jurisdictions.
Some passengers may be unaware that their flight could be eligible for compensation even if it was booked through a third-party agency, as long as the operating airline is covered by the applicable regulations.
A delay caused by technical issues or maintenance is generally not considered an extraordinary circumstance, meaning airlines like Lufthansa can be held liable for compensation in these scenarios.
Airlines are required to provide care and assistance during long delays, such as meals and accommodation, which Lufthansa may offer to mitigate liability, but this does not negate the right to compensation.
Many passengers do not realize that they may be entitled to compensation even if they accepted a rebooking or alternative flight arrangement offered by the airline.
The complexity of international air travel regulations often leads to confusion among passengers regarding their rights, which can result in undervalued claims or missed opportunities for compensation.
The use of automated systems by airlines to process compensation claims can lead to delays and errors, as these systems may not adequately consider the individual circumstances of each case.
Understanding the nuances of air passenger rights can significantly impact a traveler’s experience and financial outcome, highlighting the importance of being informed about regulations like UK261.
AI Flight Refunds: Get Your Compensation Fast and Hassle-Free with Advanced Technology (Get started for free)