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  • FIRST POST
    • brocq_18
    • By brocq_18 4th Dec 17, 3:44 PM
    • 15Posts
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    brocq_18
    Kuwait Airways refusal to make suitable amends
    • #1
    • 4th Dec 17, 3:44 PM
    Kuwait Airways refusal to make suitable amends 4th Dec 17 at 3:44 PM
    On 6th August my brother and I set off from London to India via Kuwait. The flight left 1.5hrs late, our fellow passengers notified the staff about the connecting flight from Kuwait, which was scheduled to leave 35 minutes after our original landing time. The staff reassured us that the connection would wait for us knowing there were transfers.

    Upon landing in Kuwait at 9pm, we found out the connection did not wait. After talking with trans-passenger desk, it was just reiterated that our flight had left without us, despite earlier promises. We were told the next direct flight was the next day at 6pm. The only alternative was a flight is to another airport leaving at 3am, we decide to take this and waited a further six hours.

    On arrival we had to waste another 2/3 hrs as one of our items was lost. Eventually we boarded a minivan to our original destination which was now 200km by road, a further 4.5 hours travelling time.

    When we arrived it was 20 hours later than our original arrival time. I contacted Kuwait Airways with all the details and this is the response:

    Kindly note KU104 of 06th August 2017 arrived in Kuwait with 45mns delay i.e. under 3 hours and consequently you and your brother misconnected in Kuwait

    Under Regulation EC 261/2004 compensation is payable only if a delay of over 3 hours takes place within the EU or for events occurring outside the EU, the operating carrier must be a community carrier as defined by the Regulation.
    In view of the above, the Regulation only applies to your flight from London to Kuwait, Flight KU 104 which arrived in Kuwait with under 3hrs delay and therefore unfortunately as per EC regulation 261/2004, you are not entitled to compensation.

    With reference to your flight from Kuwait to TRV (India) on Kuwait Airways, both countries are not members of the European Union or European Economic Community, and the airline is not a community carrier within the meaning of the Regulation, therefore EC regulation 261/2004 Regulation does not apply to this sector

    However, in view of the Court of Appeal judgment in Gahan v Emirates, kindly note we are staying this claim pending the outcome of the application made by Emirates for permission to appeal to the Supreme Court. The stay will remain in place until after the Supreme Court decision when we will re-open your case and reply to you with regards to the delay taking into account the Supreme Court Decision.

    With regards to your lost item, I would appreciate if you could provide me with your lost luggage file reference so that we can check with the appropriate department and let you know the procedure to follow in order to claim if the luggage has not been found to date.
    Is there anything further we can, we paid nearly double for the ticket we bought compared to the eventual journey we took.

    Thanks in advance.
Page 1
    • JPears
    • By JPears 4th Dec 17, 4:06 PM
    • 3,332 Posts
    • 924 Thanks
    JPears
    • #2
    • 4th Dec 17, 4:06 PM
    • #2
    • 4th Dec 17, 4:06 PM
    Why was your original flight delayed?
    So are you saying that you paid for the alternative flight to a different airport with Kuwait Airways, as well as your original flight?
    If so this should not have happened.
    There is little point in doing anything until we know the result of Emirates application for leave to appeal to the Supreme Court.
    If they are denied, or they lose the appeal of the appeal the way will be open for you to claim the compensation, additional airfares paid and the cost of your journey between the 2 different airports.
    And 35 min flight transfer time is unrealistic at ANY airport but especially on long distance flights.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • brocq_18
    • By brocq_18 4th Dec 17, 4:14 PM
    • 15 Posts
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    brocq_18
    • #3
    • 4th Dec 17, 4:14 PM
    • #3
    • 4th Dec 17, 4:14 PM
    Why was your original flight delayed?
    Originally posted by JPears
    Not sure.

    So are you saying that you paid for the alternative flight to a different airport with Kuwait Airways, as well as your original flight?
    Just the original price paid, which was equal to nearly double for the journey we were forced to take.

    And 35 min flight transfer time is unrealistic at ANY airport but especially on long distance flights.
    This transfer was sold as part of the journey and it was using themselves for both legs.
    • JPears
    • By JPears 4th Dec 17, 4:37 PM
    • 3,332 Posts
    • 924 Thanks
    JPears
    • #4
    • 4th Dec 17, 4:37 PM
    • #4
    • 4th Dec 17, 4:37 PM
    Not sure.

    Just the original price paid, which was equal to nearly double for the journey we were forced to take.

    This transfer was sold as part of the journey and it was using themselves for both legs.
    Originally posted by brocq_18
    So you didn't pay any additional money for the alternative flight? And was that flight with Kuwait Airlines?

    Just saying for future reference, that is an unrealistic flight transfer time. Always check your stopover time. Anything less than 60 mins is asking for trouble.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
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