[james777]

When the big snowstorms hit the Northeastern US, I had a ticket to fly out to Germany on Lufthansa. Because of the snowstorm, the flight that I had booked, along with many other flights on those days, was cancelled. When that happens, the ticketholder is given a choice of two options, either a full refund of the price that was paid for the ticket, or a future credit of the price paid towards a ticket anytime within the next year. I called into their reservations center and told them that I would take the credit towards another ticket. I decided to take the credit toward a future flight because I fly to Europe about three times a year, and I did not think there would be any problem. Lufthansa connections, cabin service, and food is very good, and they certainly aren't going out of business anytime soon. According to their rules, I had one year to use that credit. I tried to use that credit several times during that year, but each time, after literally hours on the phone, I was told that I could not use it for one reason or another. Usually they had a "pricing problem' in that they could not figure out how to deduct that credit from the price of a ticket. It seems fairly simple, but their reservations clerks did not have the authority to deduct the credit. During that following year that the credit was suppostedly available to me, I travelled to Europe twice, and each time I had to buy the tickets, even though Lufthansa was still holding my money (over $1,000). A year later when my credit expired, I was rudely told by Lufthansa employees at their reservations center that my credit had expired and they could nothing about it. That is, I lost my $1,000 credit and would not be getting my money refunded, nor would I be getting a new ticket. To say the least, I was very mad. Yes, I made the wrong choice; I should have asked for a full refund when the snowstorm hit and the flight was cancelled. I trusted Lufthansa with my money, and they did a fine job of stealing it from me. I have filed a complaint with the US government FAA consumer protection division and I am writing to Lufthansa to reconsider refunding my money, but Lufthansa should have never put me through this, their reservations personnel should never have been rude to me, and they should not have stolen my money.

Never, ever take a future credit if your flight is cancelled!! ALWAYS get a refund!!

[jimworcs]

James...
Are you aware of EU Regulation 261. This regulation applies to all airlines flying into or out of the EU or those travelling on EU based airlines, which Lufthansa most certainly is. If your flight was cancelled due to weather, you were entitled not just to a refund but also compensation. Weather has been found to not be "extraordinary circumstances" by the courts who have upheld the rights of passengers to be compensated when flights are cancelled due to weather delays. Although your flight originated in the US, the regulation applies because you were travelling on an EU based airline, travelling to an EU destination. You were entitled to a refund plus €600 compensation.

Now you are faced with the dilemma that you voluntarily accepted a lower offer. However, the law is still on your side. Lufthansa were legally obligated to make you aware of your rights under the Regulation. It is clear from your post that they did not do so. I would write to Lufthansa and tell them you have only just become aware of your rights under this law. State that they were in breach of this law by failing to notify you of your rights and that you would not have accepted their offer had you been aware of them. Ask them to reinstate your rights on this basis. If they refuse file a complaint with

Luftfahrt-Bundesamt (LBA)
DE - 38144 Braunschweig

You can call them on +49 531 23 55 115 (9am to 4pm Mon to Fri German Time)

You can email them on [email protected]

The website is : http://www.lba.de

The airlines are working hard to limit your rights as a passenger and are taking an increasingly hard line trying to avoid paying you the compensation you are legally entitled to. They may try the extraordinary circumstances excuse, but they cannot get out of their failure to advise you of your rights. You were entitled to know these and would not have accepted their offer had you known them. It is on this basis you should fight to overturn their decision.

I hope that helps and good luck.

Jim