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Old Oct 12, 17, 12:49 pm #16

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Originally Posted by Often1 View Post
OP - You said that there were two flight cancellations: FRA-PVG on your way to China and FRA-MAD on your return.

What carrier operated each of those flights?
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Old Oct 12, 17, 5:01 pm #17
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all flights were operated by swiss, but cancelled.
then they gave us a flight transfer to frankfurt and another to shanghai / madrid operated by lufthansa
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Old Oct 12, 17, 5:23 pm #18
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Bottom line is that you need to figure out whether your claims agent sued LX and lost or simply have up sending nasty letters. If your chosen agent, lawyer, sued and lost, you then can't go out and sue again. But, if all the firm did was send nasty letters, you are free to sue LX.

But, before you waste time, effort, and money, you should consider that lawyers you hired only get paid if they win. They have no incentive to give up unless they don't believe they can win. Perhaps they were wrong and you are right. But, the firms that do this are specialists and it is unlikely that you know more.
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Old Oct 13, 17, 12:56 am #19

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Don‘t worry to contact FOCA. There is no risk for you involved as long as you report true facts. Just be careful to report things as ‚I know‘, which you don‘t know.

Btw: Maybe your claims got time-barred already. But you should not hesitate to report to FOCA because of that.
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Old Oct 13, 17, 3:55 am #20
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Quote:
Originally Posted by Often1 View Post
Bottom line is that you need to figure out whether your claims agent sued LX and lost or simply have up sending nasty letters. If your chosen agent, lawyer, sued and lost, you then can't go out and sue again. But, if all the firm did was send nasty letters, you are free to sue LX.

But, before you waste time, effort, and money, you should consider that lawyers you hired only get paid if they win. They have no incentive to give up unless they don't believe they can win. Perhaps they were wrong and you are right. But, the firms that do this are specialists and it is unlikely that you know more.
No, they didn't sue them
The case was passed on to the specified lawyer's office for an exact audit of the prospects of success of a court action. They said that The lawyers have examined my case thoroughly and have come to the conclusion that a claim enforcement is not advised.

I think I will go on with FOCA and see what's going on.
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Old Nov 6, 17, 6:30 am #21

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Just curious, maybe I'm missing something.
Why do you say that the airline owes you something? As I understand you were given an alternative flight albeit with a delay.

I understand that you can, under certain conditions, claim for any delay above x number of hours. But after 2 years, why would you spend so much time on this. Did you actually lose money? Did you have expenses? Have you considered the opportunity cost of spending so much time on this?
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Old Nov 7, 17, 5:32 am #22

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Quote:
Originally Posted by Marco1981 View Post
The case was passed on to the specified lawyer's office for an exact audit of the prospects of success of a court action. They said that The lawyers have examined my case thoroughly and have come to the conclusion that a claim enforcement is not advised.
I would say that statement should make t pretty clear you won’t get anywhere. If a specialized claim agency wasn’t able to get the compensation and their lawyers think the case probably will not be won if taken to court... then most probably there you do not have any chance of getting compensated.

if the flights were not canceled due to weather delays there is a good chance the Chinese ATC issued air corridor restrictions which forced Swiss to cancel. Happens quite a lot in China when the military does fun stuff That would be also considered out of the airlines control and no compensation would be due.
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Old Nov 7, 17, 7:50 am #23

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Quote:
Originally Posted by fassy View Post
I would say that statement should make t pretty clear you won’t get anywhere. If a specialized claim agency wasn’t able to get the compensation and their lawyers think the case probably will not be won if taken to court... then most probably there you do not have any chance of getting compensated.

if the flights were not canceled due to weather delays there is a good chance the Chinese ATC issued air corridor restrictions which forced Swiss to cancel. Happens quite a lot in China when the military does fun stuff That would be also considered out of the airlines control and no compensation would be due.
I think in this case in makes sense to complain to FOCA just to learn what actual reason of cancellation was, because this practice of not telling the customers the reasons for cancellation is definitely very dirty.
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