Lufthansa strikes again!!

[Happy Dude]

What a world. A successful outcome for the OP will form precedent in similar future lawsuits brought by tiktokers because the hostie looked at them sideways or weren't pretty enough.

 

[docjames]

Fascinating on so many levels.



Will be following thread and awaiting OP reporting outcome.

 

[MEL_Traveller]

Fascinating on so many levels.



Will be following thread and awaiting OP reporting outcome.

I am struggling to think of a cause of action here.

Montreal Convention doesn’t apply. EU261 doesn’t apply. Contract law doesn’t apply. Australian consumer law doesn’t apply.

There is a contract around the purchasing of the fare. That could be refundable provided the OP had an applicable fare. And save for any complicating factors.

 

[RooFlyer]

I am struggling to think of a cause of action here.

Montreal Convention doesn’t apply. EU261 doesn’t apply. Contract law doesn’t apply. Australian consumer law doesn’t apply.

There is a contract around the purchasing of the fare. That could be refundable provided the OP had an applicable fare. And save for any complicating factors.

A claim for some points compo for lack of cleanness which could be supported by the Cabin crew would not be unreasonable

 

[MEL_Traveller]

A claim for some points compo for lack of cleanness which could be supported by the Cabin crew would not be unreasonable

Sure. But the OP says they are going to bring a claim to recover their expenses.

I can’t think of a possible avenue for them to do that?

 

[NoName]

Have to say that I find the suggestion that any compensation would be owed to be totally ludicrous. Keep dreaming OP!

 

[RooFlyer]

I can’t think of a possible avenue for them to do that?

Only a civil suit I guess. And I like to see the expression on the judge’s face when he reads it.

 

[MEL_Traveller]

Only a civil suit I guess. And I like to see the expression on the judge’s face when he reads it.

Well yes, a civil suit. But you need a cause of action. You need to claim there has been a breach of ‘something’.

That’s what I can’t work out. There is no general contract law or contract of carriage issue. The Montreal Convention applies to the flight as a whole, but there’s been no delay or injury. There’s no EU261 issue as there was no delay, denied boarding or downgrade. And no aussie or european consumer law issue. There’s been no negligence.

 

[anat0l]

Well yes, a civil suit. But you need a cause of action. You need to claim there has been a breach of ‘something’.

I guess taking chances with a civil suit might be better as it's a balance of probabilities rather than beyond a reasonable doubt.

Once again, if Lufthansa doesn't send anyone to court, they can't veritably defend or expect a ruling in their favour, no matter how outrageous the original claim of breach may seem. The fact that Lufthansa has any presence here is quite interesting (maybe I shouldn't be so naive), but it would also be the basis for claiming damages (i.e. without a presence here, who would you go after to pay the money or seize property if it came to it).

 

[MEL_Traveller]

I guess taking chances with a civil suit might be better as it's a balance of probabilities rather than beyond a reasonable doubt.

Once again, if Lufthansa doesn't send anyone to court, they can't veritably defend or expect a ruling in their favour, no matter how outrageous the original claim of breach may seem. The fact that Lufthansa has any presence here is quite interesting (maybe I shouldn't be so naive), but it would also be the basis for claiming damages (i.e. without a presence here, who would you go after to pay the money or seize property if it came to it).

Sure. But you can’t just bring a civil suit without a cause of action. You have to be claiming ‘something’.

The OP has to be claiming damages (their expenses) based on… [breach of contract]/[something else].

 

[Happy Dude]

Sure. But the OP says they are going to bring a claim to recover their expenses.

I can’t think of a possible avenue for them to do that?

OP seems to go direct to the Australian Lufthansa GM who settles out of court. That avenue just raises more questions of course.

 

[Quickstatus]

On the aircraft, I was only told, I could move to another seat, but i didn't know exactly how may there were, other than those i could see within my particular cabin. Of course I knew there was another cabin behind and the upper deck, but i couldn't see those from where I was, and I certainly would NOT have ever entertained a middle seat in the 2-3-2 rear cabin.

Sorry, lost me there again
Its just a quick walk into the other cabins to see availability and It would have taken mere minutes.
I think it is reasonable to say that it could have easily resolved it without deplaning.
Alternatively, just get the cleaners back in.

Overreaction? i cant see how it can be anything else.

 

[Quickstatus]

Thats the beauty of the situation. I dont need to convince you of anything.

Im not asking you to convince me. I already have a reasonable picture.

Im a little confused why you're so "invested" given it wasn't your flight or your money.

Invested? No. I think the better word is amused and reason Im here is because this thread exists. Obviously you want people to hear your side??..

 

[Quickstatus]

All you do is sit here, coughing and moaning about "blah blah blah"

Sounds like post #1

 

[RooFlyer]

Sounds like post #1

Zing!

 

[NoName]

Ah, thanks. A review of posts does indeed show that its not the OP's 'first rodeo'. Oh, well, it was i

I wonder if police had to be called this time?

 

[3dprintingsaus]

You’d expect better from Lufthansa, especially on a long-haul flight with the 747. Totally get why you bailed, those pics say it all. Hope you can get your money back without too much hassle.