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  • FIRST POST
    • Kalashnikov
    • By Kalashnikov 19th Mar 15, 4:14 PM
    • 12Posts
    • 2Thanks
    Kalashnikov
    Emirates Missed connection at DUBAI
    • #1
    • 19th Mar 15, 4:14 PM
    Emirates Missed connection at DUBAI 19th Mar 15 at 4:14 PM
    GOD I am LIVID!!!, Emirates are refusing to payout compensation because they are hiding behind some loop hole about how their airport is outside the EU and my connecting flight was flying outside the EU, even thou it was the flight from BHX that caused the missed connection and me reaching my final destination a whole 17+ hours late.

    They had assured me they would hold the flight back when asked at BHX.

    Dear Mr XXXXXX

    I refer to your online feedback received yesterday, regarding compensation under EC261/2004.

    Passengers are now able to claim for compensation for delayed flights from the UK where the delay to the arrival in Dubai is more than three hours and if the delay was not due to extraordinary circumstances which were beyond an airline's control.

    A review of your case shows that you were travelling on flight EK038 from Birmingham to Dubai on 29 January 2015.

    Flight EK038 arrived on stand at Dubai 2 hours and 16 minutes later than scheduled which regrettably caused you to misconnect with your onward flight to Colombo. As this is less than three hours, EU compensation does not apply.

    For further clarification to avoid any doubt your departing flight from Dubai to Colombo, has no connection with the EU and does not involve an EU carrier and is therefore not governed by EU regulations.

    Thank you for contacting us and for allowing me to clarify our position.

    Yours sincerely

    Customer Affairs UK
Page 2
    • Kalashnikov
    • By Kalashnikov 13th Oct 17, 4:27 PM
    • 12 Posts
    • 2 Thanks
    Kalashnikov
    there has been significant update to this scenario and case.

    please see flow links or find my similar thread with more info on flyer talk.

    In light of recent court ruling B2/2017/0942 Darren Buckley Karen Buckley Jordan Buckley and Emirates.

    the Liverpool County Court ruled in the case of Buckley that passengers flying from the EU to a non-European destination via a non-European connecting hub were due compensation for a delay of more than three or four hours to their overall journey, even if delays on the European leg fell below the ordinary threshold required to attract compensation. Judge Baldwin said the wording of the regulations and subsequent interpretative case law clearly stated that delays were quantifiable based on a passenger’s time of arrival at their final destination, irrespective of whether that journey was broken into two separate legs.

    find the CAA new article cant post here
    Last edited by Kalashnikov; 13-10-2017 at 4:27 PM. Reason: f
    • Tyzap
    • By Tyzap 13th Oct 17, 7:07 PM
    • 1,243 Posts
    • 594 Thanks
    Tyzap
    Link to article found here...

    http://forums.moneysavingexpert.com/showpost.php?p=73252135&postcount=10796
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • Happychappy
    • By Happychappy 25th Nov 17, 8:45 AM
    • 2,670 Posts
    • 2,601 Thanks
    Happychappy
    Following the Buckley ruling as my claim is identical

    Emirates delayed the flight from Manchester for just over two hours which missed the connecting flight in Dubai to Sydney, which meant being stuck in the airport for 9 hours before the next flight and Zero help from Emirates with refreshments etc

    I was initially told by Botts Solicitors I had no chance of compensation and they wouldn't attempt or support a claim as the flight although booked from Manchester to Sydney all with Emirates, the flight was out the UK/Europe so I couldn't claim, fortunately a legal firm with more backbone supported the Buckleys and won their claim

    Now this ruling has changed, I wrote to Emirates, who said they are waiting for the Supreme Court to rule.

    Dear Customer

    Emirates takes all customer complaints involving flight delays very seriously.

    We note the Court of Appeal’s ruling in relation to the application of EC261 on our flights from the UK involving a stopover in Dubai, we are currently awaiting to hear from the Supreme Court who we have asked to look into this matter further. Once this has been finalised, depending upon that outcome, you can resend your claim for further review.

    Yours sincerely

    Emirates.
    • JPears
    • By JPears 25th Nov 17, 8:52 AM
    • 3,406 Posts
    • 951 Thanks
    JPears
    So it would appear that Emirates have appealed to the Supreme to see if they can get leave to appeal an appeal.
    Anybody know when we'll get a decision on this?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • araeho
    • By araeho 8th Jan 18, 4:13 PM
    • 8 Posts
    • 0 Thanks
    araeho
    Any Update on the appeal of the appeal?
    Hi JPears

    Sorry I have posted in the wrong area of the site !!

    We have a similar circumstance to the Buckleys case with an Emirates delay into dubai from Manchester resulting in high overall delay to final destination (Kuala Lumpur).

    Did you ever get to find out re the appeal cade or time line?

    Thanks in advance for any advice / help.

    Andrew.
    • JPears
    • By JPears 8th Jan 18, 5:51 PM
    • 3,406 Posts
    • 951 Thanks
    JPears
    No appeal for leave to appeal or date with SC yet AFAIK.
    Looking into things it would appear that Emirates made a commitment to CAA in a letter of 5th March that the CoA decision would be definitive.
    https://www.caa.co.uk/uploadedFiles/CAA/Content/News/News_files/2017/Letter%20to%20Emirates%20from%20AH.pdf
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • araeho
    • By araeho 9th Jan 18, 8:37 AM
    • 8 Posts
    • 0 Thanks
    araeho
    Any Update on the appeal of the appeal?
    Thanks JPEARS so am I correct in thinkjng:

    The appeal took place in July and went against Emirates.

    CAN contact Emirates by letter in October referring to the appeal and asking them to honour the commitment Emrates made in the March letter to the CAA which they would treat as difinitive?

    So are we now waiting for a further appeal to the Supreme Court for which we don't have any date set.

    Don't suppose you've got a copy of the reply from Emirates to the CAA letter of 12th October have you? Presumably would say we are going to appeal further?

    Thanks again JPears.
    • JPears
    • By JPears 9th Jan 18, 9:22 AM
    • 3,406 Posts
    • 951 Thanks
    JPears
    There is nothing further on the CAA website.
    I can find no information on the SC website regarding any appeal. It doesn't appear to be a very active or current website, only updating with cases well after any actual decision.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • araeho
    • By araeho 9th Jan 18, 4:56 PM
    • 8 Posts
    • 0 Thanks
    araeho
    Flight delay - Emirates
    I've emailed Andrew Haines at CAA to ask him if there was any more contact / developments or to point me in the right direction.

    I'll post any response I get, cheers.
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