Compensation for delayed flights Discussion Area

Threebees · 15 December 2014 at 10:33PM

My wife and I booked a package holiday with Kuoni to the Maldives which included return flights with Emirates from Gatwick to Male via Dubai. Departure from Gatwick was delayed by 1hour 50 minutes which meant we missed our connecting flight. We were put up in a hotel in Dubai and arrived in Male 17 hours late.

My claim for delay has been rejected as Emirates had issued separate tickets for each leg of the journey. So they say that because the first leg was delayed for less than three hours and they consider the second leg as a separate flight, outside the EU, they will not accept my claim.

So although I consider that I purchased a journey from Gatwick to Male, by issuing two separate tickets Emirates appear to have circumvented the requirements and minimised their risk. It looks like we're not entitled to any compensation from Emirates...unless anyone out there knows different?

NoviceAngel · 15 December 2014 at 10:46PM

Hi Threebees,

Thanks for an interesting first post.

Have a look here:- https://forums.moneysavingexpert.com/discussion/5128329

JP makes some very good points and perhaps the fact that Emirates decided to split your journey may make them still liable?

Hope that helps, have a read and re-post your thoughts .....

JPears wrote: »

Caz the arguement would be that the passenger has booked a flight from UK to Chandigarh with a single carrier. The fact that it requires a change at airport should be irrelevent, sury it should be treated as single flight?

Caz3121 wrote: »

The regulations are very unclear on this, I was quoting the only case I have seen where similar cases has gone to court and had they have been unsuccessful, different judges may well have different views but there appears to be no guarantee that the regulations cover this instance

Savvy_Sue · 16 December 2014 at 12:35AM

NoviceAngel wrote: »

Very interesting post Savy_Sue.

I think this is a really difficult one to answer, if the fault developed mid flight due to a technical fault and therefore diverted and couldn't take off again meaning the final landing time at the destination was more than what is permissible under EC261 then BA should pay compensation.

The obvious difficulty is that if the delay was caused by a medical emergency then the delay would not be covered.

I think you would have to demonstrate what part of the delay was caused by the medical emergency and what part of the delay was caused by a technical fault.

For example, a flight from Spain lands in Paris due to a medical emergency but then can't take off again for 24hours because of a technical fault then I think that should be covered under EC261?!?

I don't think it is hard to demonstrate which part of DS1's delay was a technical fault. They disembarked sick passenger, tried to take off and were unable to do so. I don't have the exact timings in my brain, but I'm sure he has them in various emails, I think it was over 12 hours.

They were so late back to London he couldn't make his onward journey so had to pay for a hotel himself, he's been able to reclaim that eventually but even that took a while.

NoviceAngel wrote: »

Trust a board guide to come up with a scenario like this to test us :cool::p:)

:rotfl: Unintentional, I assure you.

NoviceAngel · 16 December 2014 at 12:49AM

Savvy_Sue wrote: »

I don't think it is hard to demonstrate which part of DS1's delay was a technical fault. They disembarked sick passenger, tried to take off and were unable to do so. I don't have the exact timings in my brain, but I'm sure he has them in various emails, I think it was over 12 hours.

It seems obvious that DS1's delay was not an EC and indeed falls within the scope of EC261/2004 and therefore should be compensated for the delay.

If DS1 doesn't have the time or inclination to pursue the claim, there are some very good NWNF Solicitors that will assist for a 27% share of the compensation gained.

Cheers,

NoviceAngel

rob_ncl · 16 December 2014 at 4:23PM

Hi
I followed all the advice from here about claiming compensation for my delayed flight (Manchester to Malaga 5 hour delay in May this year).
Filled in my claim form that Monarch sent me and returned it 16th November.
I have just received email from Monarch saying my claim had been accepted and my cheque for £319.60 would be sent within 28 days.

So pleased I followed the advice on here!

glentoran99 · 16 December 2014 at 5:28PM

rob_ncl wrote: »

Hi
I followed all the advice from here about claiming compensation for my delayed flight (Manchester to Malaga 5 hour delay in May this year).
Filled in my claim form that Monarch sent me and returned it 16th November.
I have just received email from Monarch saying my claim had been accepted and my cheque for £319.60 would be sent within 28 days.

So pleased I followed the advice on here!

Glad you are getting your compo but it makes a mockery of monarch processing claims in any logical order

sindyjames · 16 December 2014 at 5:47PM

Some great advice on here.

We were delayed 9 hours in Orlando with 2 kids in tow, had an absolute nightmare trying to get compensation for it. They sent me a standard letter saying that it was an extraordinary circumstance and therefore they didn't have to pay.

Many letters later I ended up going with flightclaimuk.com, got us nearly £1,750 overall without too much fuss and that was after they’d taken their fee. I think it’s a percentage of the compensation, but don’t think you have to pay unless they win. Maybe worth a try if you’re struggling. Good luck all

Threebees · 16 December 2014 at 5:52PM

Thanks for the suggestion NoviceAngel. Having done a bit more research I've just fired off a broadside back at Emirates.

The Regulations define "final destination" as 'the destination on the ticket presented at the check-in counter or, in the case of directly connecting flights, the destination of the last flight'.

The Regulations/Sturgeon case say compensation should be paid where arrival at the final destination is more than three hours late.

I have argued that Emirates provided me with two tickets entirely for their administrative convenience and that I had purchased one journey from them with a final destination of Male.

To top it all I found the case of Air France v Folkerts where a 2 1/2 hour delay in a four leg journey from Germany to Paraguay meant a connection was missed and arrival was 11 hours late. The European Court of Justice ruled that ' compensation is payable ... to a passenger on directly connecting flights who has been delayed at departure for a period below the limits specified in Article 6 of that regulation, but has arrived at the final destination at least three hours later than the scheduled arrival time.'

So I now think we have a strong argument. I await Emirates' reply.

batman44 · 16 December 2014 at 6:47PM

Don't know about you guys but I have had enough, I intend to start up a no 10 e-petition, any comments additions? Don't know if will do any good but we could try.

[FONT=&quot]"We the passengers demand the government take action to force the Department of Transport governing body for air, the Civil Aviation Authority to instigate legal proceedings against airlines for non compliance of regulation EU 261/2004. Despite clarification from the Supreme Court airlines are still denying legal and valid claims for flight delay compensation and that the Civil Aviation Authority has the power to fine airlines for non-compliance of the regulation under EU law and to date no prosecution has been instigated".[/FONT]

NoviceAngel · 16 December 2014 at 6:55PM

Threebees wrote: »

To top it all I found the case of Air France v Folkerts where a 2 1/2 hour delay in a four leg journey from Germany to Paraguay meant a connection was missed and arrival was 11 hours late. The European Court of Justice ruled that ' compensation is payable ... to a passenger on directly connecting flights who has been delayed at departure for a period below the limits specified in Article 6 of that regulation, but has arrived at the final destination at least three hours later than the scheduled arrival time.'

So I now think we have a strong argument. I await Emirates' reply.

Do let us know how you get on, I have the utmost admiration for members of MSE that given one nugget of information come back with more that I didn't know about, good luck in your case.

Cheers,

NoviceAngel

Compensation for delayed flights Discussion Area

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