I am attaching a letter I sent to Lufthansa's chairman in Germany on December 29, 2008, that was copied to their New York consumer affairs office, seeking a refund of money extorted from me by Lufthansa's Shanghai ground staff. My letter was responded to three weeks later via a form letter that denied my claim without addressing the main issue, which is that Lufthansa deliberately entraps passengers via a policy of not informing passengers of extortionate excess baggage fees. A Google search under the heading "Consumer complaints about Lufthansa" yields roughly 25, 000 hits, underscoring that I am not alone in having been taken to the cleaners by this racket. What is amazing is that to date no law firm has organized a class action lawsuit against this airline. It would be a slam-dunk.


Wolfgang Mayrhuber
Chairman, Executive Board
Deutsche Lufthansa Aktiengesellschaft
Von-Gablenz-Strasse 2-6,
50679 Köln
Germany By Registered Mail

DEMAND LETTER

Dear Mr. Mayrhuber:

This letter is to demand immediate reimbursement from your company of $859.60 that was extorted from me by your Shanghai staff on 17 December 2008, in what amounted to a ransom payment to forestall an act of kidnapping and false imprisonment by your company.

Secondly, be advised that Lufthansa’s current business practices regarding levying ‘excess baggage’ charges merit immediate review by your legal counsel, as they evidently entail potential criminal and civil liability for your company’s officers and shareholders. The legal ramifications of Lufthansa’s policies, in a U.S. context alone, include the following: Racketeering (organized conspiracy to commit extortion), fraud, breach of contract, breach of implied contract (e.g., to apply baggage rules consistently), false imprisonment, kidnapping, invalid contract (duress), unjust enrichment, and negligence.

The details of my experience (see My Experience, below) are strongly indicative of a deliberate Lufthansa policy of cheating unwary customers – who are unwary by design. Accordingly, the contractual validity of many if not all air tickets being issued by Lufthansa worldwide is highly dubious.

Thirdly, I have been a loyal Lufthansa customer for eleven years, using your airline almost exclusively for travel back and forth from the USA to Europe, where I teach in executive MBA programs. Additionally, I am a stakeholder in a Prague-based travel company and have always recommended Lufthansa to our travel clients. I am shocked that, under your care, Lufthansa has resorted to some of the most unethical practices I have ever heard of in the airline industry.

My Experience Prague-Shanghai-Prague with Lufthansa

On 16 October 2008, in Prague, for the sum of $1161.36 charged to my US credit card, I purchased round-trip coach passage via Lufthansa from Prague to Shanghai. On 13 November 2008 I flew to Shanghai (through Frankfurt) with two pieces of check-in luggage, plus one backpack carry-on. The checked-in luggage contained heavy textbooks and readings to be used by me in teaching a business strategy course at a university in Shanghai.

On the evening of 17 December 2008, while checking in two pieces of luggage (minus the textbooks and materials that I had left at the university) I was told by Lufthansa ground staff that, in order to fly back to Europe, I must pay 600 euros for 20 kilograms of ‘excess baggage’. This sum equates to a 74% surcharge on my original ticket.

I asked the ground staff member, and her supervisor, to produce any document showing me that this demand was legal, and they could not. I was told that the class of ticket I held entitled me to 20 kilograms of carry-on luggage. I replied that this was news to me.

Lufthansa’s ground staff, specifically the check-in clerk and her supervisor, whose education and grasp of English seemed insufficient to discuss legal issues, told me it was irrelevant when I showed them my two luggage receipts for the Prague-Shanghai journey (Exhibits), and told them that ground staff in Prague had accepted my two pieces of checked luggage without comment.

I asked the ground staff supervisor what my options were, and was told that my only possibilities were that I could either pay or stay in Shanghai. I was told that the pending expiration of my visa was my problem, not Lufthansa’s, even though it would mean my violating Chinese law and being prevented from future travel to China. Similarly, Lufthansa’s ground staff declined to offer any assistance or advice regarding, for example, sending one of my bags via air freight or sea mail.
When I asked if I could take the smaller of the piece of checked luggage on board, along with my backpack, I was told that this was not possible because Lufthansa strictly enforces a ‘one carry-on’ rule.

When I asked to speak with the manager of Lufthansa in Shanghai, I was told that he was a European, did not work the night shift, and could not be contacted.
Lufthansa ground staff provided me a boarding pass only after I signed a charge against my credit card for 600 euros (see Exhibits). No other options were presented to me or suggested to me by Lufthansa ground staff.

While boarding the aircraft, I saw that, contrary to what Lufthansa ground staff had told me minutes earlier, approximately 70% of passengers in economy class were each taking on board two maximum-size pieces of carry-on luggage. These passengers typically had one bag with a metal frame including wheels and telescoping handle, and another large bag on top of that. The overhead storage bins were already filled, just two thirds into the boarding process; cabin crew were stacking carry-on pieces in front of the A-340’s stairway, and even putting carry-on pieces in spaces reserved for cabin crew. The passenger seated on my right, destined for Barcelona, had three maximum-size carry on items.
On 22 December I met with my highly experienced and reliable travel agent in Prague and, before relating the above experience, asked him two questions:
Has Lufthansa ever provided his travel agency in writing or in any other way communicated to him their list of charges for ‘excess baggage’? Answer: No.
If, hypothetically, I had been deemed to have had ‘excess baggage’ on my journey back from Shanghai, what, in his opinion, would the likely surcharge levied against me? Answer: $25

Conclusions

Lufthansa ground staff in Shanghai could have found other solutions than to charge me 600 euros, for example, by allowing me to repack my bags and substitute my smaller piece of luggage for my carry-on backpack, or by helping me send a bag to Europe by alternative means. Their training evidently forbids them from allowing passenger-victims to escape or reduce ridiculously punitive charges.

Lufthansa does not enforce baggage ‘rules’ in a consistent way. In this case, ground staff in Prague waived luggage that ground staff in Shanghai used as a pretext for extortion. And Lufthansa’s allegedly strict ‘one’ carry-on bag rule is not enforced at all.

Although, as I have subsequently researched, Lufthansa buries on a web site a obscure (and difficult to understand) PDF file listing your outrageously punitive ‘excess baggage’ fees, Lufthansa issues electronic tickets that contain no alerts to prospective customers that this PDF exists or should be referred to as part of the passenger’s contract. Nor does Lufthansa make any other attempt to make your baggage surcharge policies transparent, such as pre-departure emails to passengers, or clear notice in your inflight magazine. These omissions by Lufthansa evidently are clearly deliberate, to facilitate unjust enrichment at the expense of unwary customers. Finally, Lufthansa’s present excess baggage PDF is dated September 16, 2008 when fuel prices were extremely high, which makes it all the more indicative of unsavory intent that, while fuel prices have fallen steeply, Lufthansa makes no effort to alert customers of these charges. They are, in short, pure profit windfall and it would not surprise me if your ground staff in places like Shanghai are instructed to meet a daily quota of victims.

In closing, Mr. Mayrhuber, I would appreciate a refund check in the amount listed above at your soonest convenience, and also, if you can find your way to it, an apology commensurate with the inconvenience and distress caused me.

I also would like to recommend that you, as a leader, take steps to mitigate the liabilities that your firm is accumulating by condoning a racket that is eventually going to attract a huge class-action consumer lawsuit and embarrassing punitive sanctions by regulatory authorities. In a nutshell, greatly reduce the excess baggage fees or widely publicize them.

Yours very truly,


DP

Exhibits: Luggage receipts, 600 euro charge for 20 kilos, itinerary provided by travel agent

Our flight was scheduled for landing at 01:20 local time in Athens International Airport. Unfortunately the pilot could not land the plane -twice- due to weather conditions and decided to head for the Thessaloniki International Airport. Despite the unfortunate turn of events, everything seemed to be getting on quite well. The problems started when we landed at Thessaloniki.

We were informed by the stuff that we could disembark, however on our own responsibility. The official plan was that the plane would head for Frankfurt. Although I understand that this is the company's policy I cannot understand the rationale behind this decision. At this point it is worth noticing the fact that a British Airways flight landed successfully minutes after our second failure (at 01:30 local time, there was no problem with weather conditions), raising serious concerns about the abilities of our captain. Additionally, no other flight before or after us had any problems landing, although weather conditions remained more or less the same (windy and rainy).

All passengers that decided to disembark in Thessaloniki were afterwards informed that they could not get their baggage! Nobody from the stuff was able to explain this decision also. During these minutes the credibility of Lufthansa was seriously hurt.

While disembarking, nobody checked our identities. That means that Lufthansa was not aware who was in Thessaloniki and who was flying back to Frankfurt. Our names were listed only after our numerous requests during the baggage claiming procedure. Many passengers left the airport without listing their names.

The stuff repeatedly misinformed the passengers trying to convince as many as possible to head back to Frankfurt. I personally was informed that there was a bus strike in Greece therefore I was told that my best choice was to get back to Frankfurt. Of course this was a lie.

The stuff informed us that we would have to travel to Athens by our own means. Another lie here! Lufthansa partner, Aegean, quickly informed us that we would travel to Athens with the first morning (06:00 local time) flight, free of charge. They took full responsibility of our staying in the airport, indirectly undertaking the responsibilities of Lufthansa (and admitting of course that the problem was not the weather).

Despite our numerous questions nobody from your stuff was able to inform us about anything! Cabin crew members answered all questions by stating that this was their first time ever facing this situation. Considering the fact that Lufthansa operates numerous flights worldwide this was really extraordinary. Moreover in numerous times we were asking questions and your stuff was unable to answer or replied in a rather impolite manner.

In the initial announcement we were told that there was no Lufthansa stuff in the airport, and this was the reason of returning back (as well as not taking any responsibility and not providing our baggage) to Germany. Amazingly, minutes later, a Greek Lufthansa representative appeared (or at least claimed to be a Lufthansa representative)…

How can a company like Lufthansa deny any responsibility of its passengers? Being a quite frequent traveler this is the first time that I am told that if I disembark then the air company does not have any responsibility. I booked a ticket for Athens and therefore expect that Lufthansa stands up to my expectations and take me to Athens. Moreover, as a customer, I expect that this takes place in a normal time frame. Considering the fact that a trip to USA is almost 10 hours long the solution of travelling back to Frankfurt was unacceptable.

I am traveling with a 7-month baby, and Lufthansa cannot give me a bassinet seat. I am caught between Lufthansa and my travel agent - both blaming each other for the cancellation of my bassinet seat assignments after one leg was re-scheduled. Lufthansa says it notified my agent of the change in travel date, and travel agent vehemently denies it. Lufthansa cannot explain how my seat assignments got dropped for the leg that did not change. At this point, they don't seem very co-operative to addressing my concerns. Any ideas as to who I can complain so as to make Lufthansa notice.

I have always love flying with Lufthansa.
I appreciate the respect and treament you give to us (the customers)in even difficult situations.

Anyway there are some odd suituations that surprise me.
On Friday 17 October I had a bad and bitter exprience with one of your staff, that left me very stressful.
My flight was with Easyjet and arrived at MUC early.

I went on my vollution to customer service to make enquiry about a flight to Nigeria and the sort of mileage that will be awarded.
After she gave me the information I thanked her.

Then, I remebered that my inward bound flight to MUC from LHR I was told that I have more
than one airmiles card number, and that I should sort it out.
Also that I mentioned to her i recived a communication from Lufhtansa that I needed
23000 miles to maintain my frequent flier status. So I made further enquiry about the two issues.

My further enquiry resulted to a total negative attitude from your staff at Customer Services.
I gave her my card for the further enquiry and then she said the card has expired, but I have 149000 miles, and she said also, she has to
order a new card for me. She asked me for my address and I told her, then said, the new card will be sent in two weeks.
She gave the card back to me.

One of her co-worker then asked me for the card, and said there is another system at the back office
that will give her more information. Then she went for a long time not returning untill I sent one her mate to get her.

She now came back and went attend to another customer. I called out to her and requested my card.

She said the card has expired and she will not be returning the card back to me. why ? I asked.
She said, she does not want me to use the lounge . I said I never used Lufhthansa Lounge I do not have the time.
She said may be the card is not yours anyway. Then I was not happy with that.
I demanded a complaint form. She said, she can not give me.
I asked for her name and her title. She decilned as well.
Then I said, you took the card from me when I do not have any other card to pick up my eletronic tickets.
She said I can get my tickets without the card.
I said how ? she said try and find out yourself.
I insisted that need her name.By this time the Police has been called.
The two Policemen are just standing arround. Watching when to make their move. Their presence is already initimidating.
Five minutes after the men inform arrived she decided to give me are name without a complaint form.
Her name is B.Gebert. She even snatched the pen from me when I asked her what is the B initial for.

This Event took place in TERMINAL2 OF Munich Airport (MUC) on Friday 19:45pm and 20:20pm

I am still without a card to pick up my booked tickets or book new tickets.

I will have to book new set of tickets from Mid November 2008 to Jan 2009 and Lufthansa Star Ailliance might be missing out.

I am just an Ordinary British Black professional man, who have enjoy flying with Star Alliance
and working in Foreign country( Germany) and cannot speak German language.

Treatment like the above can only send out one message.

Regards with deepest regrets as a customer

I want to share my worst flight experience ever with you.for more then 10 years I travel world because of my job .On 19 th december we take Lufthansa 13.55 pm flight from Istanbul to Frankfurt�then connecting flight to New York at 17.00 pm.From beginning I was concerned about 1 hour transfer time (the flight schedule was arranged by local Lufthansa office)so I talked at least 2-3 times with local Lufthansa people about this but they were so convincing that there won`t be any problems.First shock was by learning on 19 th while waiting in istanbul that flight will be delayed for 40 min.Lufthansa flight was the only delayed flight on schedule table since morning.I called Lufthansa office in Turkey there was about half an hour to boarding time, they were not aware of any delay with the flight!Then we rushed to lounge to talk but nobody Lufthansa was there. Then booarding time announced Lufthansa attendants ll tell same story; we`ll compansate loss on air, Lufthansa people will help when we`ll arrive, if necessary plane to plane transport will be made to reach us etc.We departured with more then 1 hour delay.Arrival time was announced as 16.50 but still I was hopefull that Lufthansa will transfer us or find a solution which we were continiously advised by your staff.Just before landing they begin to announce door numbers etc. but despite fact that there were more than 25-30 people to New York nothing announced.After landing only Amsterdam passengers were transferred to their plane directly.I had great diffuculty in understanding why while they can wait us in Istanbul for more then 1 hour as we came on time why we`re not transferred to plane and wait plane for half an hour latest.but I found answer next morning before our flight, we were being offered extra 600-700 euros to wait for next plane because there were 4 people overbooked, so it was not logical to wait plane while they were people on wait list ready to pay 3-4 times of our fees and to keep people by paying only 100 euros per night�who cares, sweet money!We were shocked and depressed and furious, when we get on bus we quickly learned we were not alone there were many others effected.we get off bus and was at least waiting some ground people to take care(there are at least 25-30 people effected in different flights)but no one was there and we were left to own destiny.then we go to ticketing desk by asking people.at leat we were waiting some understandindg and good treatment to ease our pain.But Lufthansa people were acting like this was very normal and as we made a mistake and being punished for that.there was no flight till next morning 10.00 am and big shock came as we don`t have German visa(normally you don`t need for flying to US )we had to spend 16 hours at airport!!!we were granted 35 eur per person with great generousity!!!I asked at least to ease our pain can`t they let us to use Lufthansa lounge answer was no.I can`t explain how terrible to spend 16 long and never ending hours at an airport like a prisoner and even without a bed to slip and sleeping at hard chairs of airport.Ticketing people at Lufthansa first told us to come later to take pillows and blankets but then told they run out. It was most terrible night and experience we lived ever and will never forget.The point dissapointing and frustrating me is not the delay or not catching the plane but attitude of Lufthansa against us and not treating us well.Firstly I strongly believe there was still chance for plane transfer as we arrived before departure of plane.But biggest dissapointment is why it was so diffucult to attain a ground personnel to take care of this people and showing you care.we`ll form a group at facebook with all people effected, then we`ll prepare a declaration and share with internet paltforms and newspapers, also we`ll check our rights legally because you have no right to treat us in such bad way, make us spent 16 terrible hours at airport without an excuse and ruin our holiday.