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hhvgoetz
hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 1752
Experience:  LL.M. in International Trade Law (Newcastle upon Tyne, UK)
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How do I go about claiming compensation for a flight from Stuttgart

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How do I go about claiming compensation for a flight from Stuttgart to Buffalo, NY when the United Airline plane denied 35 people boarding for they said sending too small of an aircraft to Zurich, Switzerland where we would have been flown into Newark, NJ and then on to Buffalo........after much stress (we were on our way to my Husbands Fathers Funeral) we got out on a later standby flight that did get us to our final destination within 4 hours of the original time.....but my understanding is they owe us each a minimum of 300Euro.....I just can't figure out how to get it.....Thank you
Submitted: 1 year ago.
Category: German Law
Expert:  hhvgoetz replied 1 year ago.

Yes, if the 4 hour delay ist correct, 300 Euros is the minimum, see Art. 4, 7 of the Regulation.

 

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:046:0001:0007:EN:PDF

 

For the delayed baggage you should be able to get paid what you had to buy in Buffalo in order to get dressed (you will need the receipts).

 

Max.= 1.131 SDR (Special Drawing Rights), see Art. 19 und Art. 22 II Montreal Convention.

 

http://en.wikipedia.org/wiki/Special_drawing_rights

 

If nothing is paid, you should contact a lawyer nearby.

 

Regards.

Customer: replied 1 year ago.

I know I'm entitled.....the question is....How do I go about getting it from the airline....???? On my way to work and can't get back to a computer until around 15:30.....thank you for your help.......Karen

Expert:  hhvgoetz replied 1 year ago.

You claim the compensation by letter to United as you did. It would be better to put a specific date until when they should have paid on which account.

In order to prove that they received the letter, a fax with a copy of the first page on the ending receipt will be helpful.

 

If they don't pay, contact a local lawyer. You can even file a lawsuit a the place of departure (Stuttgart) due to Art. 5 (1) (b) EC Reg. 44/2001.

 

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001R0044:DE:HTML

 

Regards

 

 

Expert:  hhvgoetz replied 1 year ago.
How can I help you?
Customer: replied 1 year ago.


Well, I don't know what I was expecting from you so I will change my poor smiley face to an okay as I pretty much had the same information that you gave me already.....I just got off the phone with United in the states and she has forwarded my case to what she call their offshore Q and said they up to 30 business days to respond to me.....it just seems that if there is a law in place.....it should not be so difficult for me to claim it.......thank God my husband kept our bording passes with the flight info on the actual re-routed flights they got us on as she insisted on that information from me.....the clerk in Zurich said not to worry about all of that because it was all in the computer. Time will tell. If you fly at all you might want to figure it out for yourself just in case it happens to you or your family while traveling.....as a matter of fact, if it were not for this man we " bonded" with while standing in the same lines for hours I would not even know about this European Law!


 

Expert:  hhvgoetz replied 1 year ago.

I am afraid, I could not tell you anything new. You just have to claim the compensation and maintain your boarding passes and try to maintain proof for the actual delay.

 

Don't forget to put specific dates for the payment of any compensation in order not o keep waiting eternally. Without date, an attorney cannot recover his costs when he contacts the airline.

 

Regards XXXXX XXXXX luck.

Customer: replied 1 year ago.

I don't understand what you mean by put specific dates for the payment ..... how and where would I put the dates?

Expert:  hhvgoetz replied 1 year ago.

In the letter to the airline you put:

 

"The payment of 300 Euros on our account X is expected until XX.XX.13."

 

 

hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 1752
Experience: LL.M. in International Trade Law (Newcastle upon Tyne, UK)
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