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Old Oct 11, 17, 8:05 am #1
Original Poster

Join Date: Oct 2017
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SWISS refuse compensation, but I don't give up. Help for advice!

Hello everybody,

My name is Marco.
1) In 2014 I reserved a trip to China from Madrid, passing through Zurich, all with SWISS.

In this trip we had 2 flights cancellations:
from Frankfurt to Shanghai (to go there) and from Frankfurt to Madrid (to come back).

In both cases they gave a flight to Frankfurt and then one to our destinations.
In both cases the delay was very long, more than 5 hours.

2) In 2014 I made two complains application through REFUND.ME

The procedure took 2 years, but In both case they had no success and they gave up.

3) NOW: I DON'T WANT TO GIVE UP.

I contacted personally Swiss through their complain form but off they answered me a big NO.

I would like to go on, so I know that I have to contact FOCA through their complain form.
I am eager to do it, but what worries me written in the application is this:

I am aware of the fact that based on my report FOCA could open an administrative penal
procedure against the airline.


I am aware of the fact that my declarations are testimonies and might be used in an
administrative penal procedure. I am obliged to tell the truth. I am prepared to answer further
questions in the course of the proceeding.


Does it mean I will have to be involved in a penal procedure and pay for a lawyer? Or that I should go to Switzerland to testify?

I thank anybody could help a bit with this.

Marco
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Old Oct 11, 17, 1:05 pm #2

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First of all, I may misunderstand but if your cancelled flights were Frankfurt - Shanghai and Frankfurt - Madrid, then those would be Lufthansa flights, not SWISS?

What was the exact itinerary you booked, which flights were cancelled, and how were you reprotected?

Then, what was the reason given for the cancellations? And what was the reason given to Refund.me and to you by Swiss for not paying compensation? You know, they may be right...

Finally, no - if you complain through FOCA you will not have to pay for a lawyer, but you could be called as a witness in an administrative proceeding, so you'd have to answer further questions.

Of course, if you don't want to do that, you can always drop the case. But no $ in that case.
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Old Oct 11, 17, 4:12 pm #3
Original Poster

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Hello!

Thanks a lot for your reply!
The flights cancelled were:
Zurich - Shanghai and Zurich - Madrid (To come back).

In both cases flights were cancelled and we were given a flight transfer to Frankfurt then a flight to our destination so:
Zurich --- Frankfurt and then Frankfurt - Shanghai
and
Zurich --- Frankfurt and then Frankfurt - Madrid.

That was their answer:
I have checked the reason of the cancellation and can inform you that this flight irregularity is not eligible for the compensation provided by the EC 261/04.

Your file has been reviewed and I can inform you that this flight irregularity is not eligible for the EC compensation. Unfortunately, reasons of irregularities can only be provided to relevant authorities.

Would you insist?
Thanks!
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Old Oct 11, 17, 8:02 pm #4

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if you have specific grounds to believe (or prove!) that the flights were indeed cancelled for reasons within the airline's control, as defined by the Swiss interpretation of EU261, then you should insist.

But given that this is 3 years ago and the professional claim service you hired has given up, I am not sure if your effort is worth it. I guess it depends on how you value your time in dealing with FOCA vs. the potential pay-out. In any case, there is no financial risk for you with filing a FOCA complaint.
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Old Oct 11, 17, 8:28 pm #5

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Well, I think airlines have the obligation to provide passenger the reasons for cancellation. LX is not telling you why so you could just answer them that you gonna take the case to court. It doesnt really mean you have to do it. Sometimes it helps sometimes not. But atleast you could try.
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Old Oct 12, 17, 1:40 am #6
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Quote:
Originally Posted by mylabel View Post
Well, I think airlines have the obligation to provide passenger the reasons for cancellation. LX is not telling you why so you could just answer them that you gonna take the case to court. It doesnt really mean you have to do it. Sometimes it helps sometimes not. But atleast you could try.
is it obliged? I don't know. I just know that they own to us 600*4= 2400 euros of compensation!!!

I think I am going to send the letter to FOCA.
If then nothing happens, what would be the next step?

Thanks a lot for all your support!!!
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Old Oct 12, 17, 1:40 am #7
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should I write to SWiSS AIR responsible here in the chat?
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Old Oct 12, 17, 3:43 am #8

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Look, you already had a professional claims agent to act of your behalf and they didn't succeed. Why do you think LX is going to pay you all of a sudden just because you continue the claim yourself? You will get nowhere with this.

Let it go - most likely it will be a waste of time and efforts.
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Old Oct 12, 17, 4:32 am #9

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Quote:
Originally Posted by Marco1981 View Post
should I write to SWiSS AIR responsible here in the chat?
What on earth do you think that will accomplish?

You used an agency to try and claim compensation. They did not succeed. That's it.
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Old Oct 12, 17, 5:45 am #10
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So you suggest to simply give up? But FOCA is an authority that force company to respect the rules, why shouldn't they force them? I mean, it is clear they cancelled the flights without reason (apart probably the fact that flights were not full of people)


Regarding the light Zurich - Madrid, Swiss Air never replied, probably because it is a flight to a EU country.
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Old Oct 12, 17, 9:04 am #11

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Those agencies have no teeth. Just because the agency gave up, doesn't mean the claim is not valid.

Quote:
Unfortunately, reasons of irregularities can only be provided to relevant authorities.
Courts do not like statements like that.

I would be careful that the statute of limitations may kick in soon. I don't know if the FOCA proceeding are stopping this. You should check this first.
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Old Oct 12, 17, 9:30 am #12

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Quote:
Originally Posted by mapleg View Post
What on earth do you think that will accomplish?

You used an agency to try and claim compensation. They did not succeed. That's it.
This.
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Old Oct 12, 17, 9:43 am #13

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Quote:
Originally Posted by warakorn View Post
Those agencies have no teeth. Just because the agency gave up, doesn't mean the claim is not valid.

OP used refund.me, which is not an agency but a profit driven company. Since refund.me charges 25% if they win the case, what incentive would they have to just "give up" on a supposedly valid claim?

Per Wikipedia: refund.me operates according to a 25% contingent fee, marketed as “no win, no fee”. It has recorded a success rate of 93.71%
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Old Oct 12, 17, 9:51 am #14
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Quote:
Originally Posted by warakorn View Post
I would be careful that the statute of limitations may kick in soon. I don't know if the FOCA proceeding are stopping this. You should check this first.
What do you mean? I a not sure I understand this part...
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Old Oct 12, 17, 10:43 am #15
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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? Please understand that who ticketed your flight is irrelevant.
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