View Single Post
  #4  
Old Oct 14, 2009, 1:12 PM
AirlinesMustPay AirlinesMustPay is offline
Account Closed
 
Join Date: Sep 2009
Posts: 143
Default

With regard to travel by successive carriers, I don't think the EU legislation makes any specific provision, but Article 30.3 of the Warsaw Convention provides:
"As regards baggage or cargo, the passenger or consignor will have a right of action against the first carrier, and the passenger or consignee who is entitled to delivery will have a right of action against the last carrier, and further, each may take action against the carrier who performed the carriage during which the destruction, loss damage or delay took place. These carriers will be jointly and severally liable to the passenger or to the consignor or consignee."

You being the passenger could claim against either Lufthansa or Spanair.

If I were you I would proceed to claim against Lufthansa because:
(1) Your contract was with Lufthansa although your claim is not based in contract but under the Warsaw Convention
(2) Spanair only handled the domestic leg from Barcelona to Ibiza, but for the purpose of your claim all is considered international carriage.
(3) Lufthansa is an international airline while Spanair sounds like a domestic airline operating in Spain and less likely to have an office in Beirut where you are.
(4) Lufthansa has a reputation to maintain and more likely will try to settle your claim without too much publicity.