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Flight delay compensation, all other non-EU airlines

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  • richardw
    richardw Posts: 19,459 Forumite
    Part of the Furniture 10,000 Posts
    How long were you delayed arriving at EWR?

    Did you change planes at EWR?
    Posts are not advice and must not be relied upon.
  • richardw wrote: »
    How long were you delayed arriving at EWR?

    Did you change planes at EWR?

    I was delayed for hour and half in arriving at Newark as we almost missed our connector. However we then realised that the connector (different plane, same airline) was delayed by 4 hours.

    The final journey caught up some time,making us over 4 hours late arriving at MCO.
    Thanks
  • richardw
    richardw Posts: 19,459 Forumite
    Part of the Furniture 10,000 Posts
    taylor2012 wrote: »
    I was delayed for hour and half in arriving at Newark...

    I think UA would defend a claim because of this.
    Posts are not advice and must not be relied upon.
  • Caz3121
    Caz3121 Posts: 15,832 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 13 January 2014 at 4:51PM
    I am sure there will be a difference of opinion here but my view is that EU compensation does not apply here
    non-EU airline, with the delay in departure from a non-EU airport

    Had your connecting flight been on time and you missed it due to the 1.5 hour delay from the UK and this mean you arrived in MCO over 3 hours late you would have a claim (as per Folkerts)

    Had your flight to EWR arrived over 3 hours later you would also have had a claim for that journey

    There have been similar cases on here with connections with other non-EU airlines and I would expect United to respond saying that you have no claim under EU rules

    others may think differently

    edit - you can read other United tales in this thread https://forums.moneysavingexpert.com/discussion/4445417
  • Thanks for the views, I am confused but I understood that the delay applied if the original flight took off from an EU country (London) and the delay is a delay until it arrives at the FINAL destination. I did not buy the flights seperately so I thought they counted as one.
    I understand that this was part of the new legislation but I could be wrong
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    Yes there is a difference of view. I tend to the view that the Folkerts judgement means compensation is payable (on the basis that a directly connecting flight is considered a single journey). But I note my esteemed colleagues Centipede and CobyBenson have a different take.
  • A brilliant forum.

    Wonder if anybody can help, mum and dad were denied boarding to a connecting flight from Abu Dhabi to Ahmedabad,India tonight. They initially departed from Manchester in the morning with Etihad.

    They are currently given meals and a hotel at the airport, however, the next available flight is 24 hours after initial flight was scheduled.
    This morning whilst I was at the airport, the lady at the Etihad counter at Manchester Airport refused to give them a boarding pass for the connecting flight and told them to collect it from Abu Dhabi, she admitted the flight was over-sold.

    From reading the forums, I'm a little confused on how much or if any compensation will be paid? How do I start the initial process to claim? In the meantime, I hope my parents don't accept anything small offered by the airline as I can't get through to them.

    Any help from someone knowledgable will be very much appreciated.
  • Caz3121
    Caz3121 Posts: 15,832 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 15 January 2014 at 7:19AM
    Peardrops wrote: »
    A brilliant forum.

    Wonder if anybody can help, mum and dad were denied boarding to a connecting flight from Abu Dhabi to Ahmedabad,India tonight. They initially departed from Manchester in the morning with Etihad.

    They are currently given meals and a hotel at the airport, however, the next available flight is 24 hours after initial flight was scheduled.
    This morning whilst I was at the airport, the lady at the Etihad counter at Manchester Airport refused to give them a boarding pass for the connecting flight and told them to collect it from Abu Dhabi, she admitted the flight was over-sold.

    From reading the forums, I'm a little confused on how much or if any compensation will be paid? How do I start the initial process to claim? In the meantime, I hope my parents don't accept anything small offered by the airline as I can't get through to them.

    Any help from someone knowledgable will be very much appreciated.

    According to the Etihad website

    Overbooking
    Given the fact that there are “no-shows” on almost every flight, Etihad Airways, like all international carriers, may overbook services in order to match demand with supply. While we do our best to match the number of available seats to the number of guests that we expect will appear for the flight, on rare occasions we may have a situation where a guest with a confirmed ticket is denied boarding even when they have checked in at the recommended time. When this occurs we will:
    a) Endeavour to ensure that families with children, expectant mothers, elderly or infirm guests or those in transit from an earlier destination point or with onward connecting flights are not denied boarding.
    b) Offer guests denied boarding a seat on the next available flight (on Etihad where possible, with another carrier where not).
    c) Offer guests ground transport, meals and accommodation for the duration of their enforced delay.
    d) Offer denied boarding compensation in accordance with our defined policy and the applicable laws and regulations. Compensation levels vary according to the sector in question. Please ask Etihad staff for more details.


    As the denied boarding was outside the EU on a non-EU airline then the EU regulations will not apply, but as a guide, if this was an applicable flight, they would be dues €400 each plus their hotel/meals etc whilst they wait
  • Thank you for the response.
    Going off the different messages from the forum, my understanding is that our flight started with Etihad from Manchester, hence, the EU regs will apply.
    Also, I read 600 euros as compensation should be paid by the airline.
    Lastly, just spoke to my dad and the airline gave them 200 dollars, obviously, this was accepted under duress as the Airline did argue nothing more can be done. Therefore, I guess we will have to settle for this payment.
    There were a number of able-bodied passengers allowed on the connecting flight, however, my friend's blind mother was not allowed as she was left with other passengers to argue her case........makes me cringe.
    I guess we live and learn.
  • I too was on this same flight and keep in touch with other passengers and know that a fellow passenger has been compensated by emirates for the cost of his hotel in sydney as he arrived too late to use the room.I am pursuing my claim as i have only been offered 30,000 air miles by emirates and Cruise 1st (with whom i booked )have been unable to offer anything.
    you booked the flight through emirates to fly you from uk to Sydney and Emirates transferred you to a connecting emirates flight in Dubai and it was that flight that arrived in Sydney 7hrs and 37 minutes late.(in our case we flew from Manchester- dubai then dubai - sydney
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