Flight delay compensation, all other non-EU airlines

AnnTaylor_18

My husband and I were due to fly out of manchester on the first leg of a flight to Australia.the emirates flight was delayed for over 5 hours.we were given vouchers for food at manchester.
We subsiquently missed our flight in Dubai and further food vouchers were issued.
I have sent the pro form are flight delays to emirates but as the flight was delayed for technical problems. And a new plane had to be flown out to us...they said it was not covered by the eu mandate as planeshad to technically safe to fly..have attached their reply.Our Ref No: LON/X/SH/081113/6893881
12 November 2013

Ms Kathleen Taylor
Email: Katcon18@yahoo.com

Dear Ms Taylor,

I note your further comments in your email dated 7th November 2013, regarding compensation under legislation EC261/2004.

I have personally reviewed the records and the reports pertaining to this case and I am now in a position to respond.

The incoming aircraft operating flight EK017 from Dubai to Manchester pushed back from stand with 479 passengers onboard, however, had to return to stand due to a fault with the engine starter driver, which sheared on start up.

Therefore, as you will see this was not a defect that had been discovered by routine maintenance or by our failure to maintain the aircraft. Our engineers commenced the repair which was necessary for safety reasons and the aircraft was declared serviceable. Emirates would never compromise the safety of its passengers and would never operate a flight until we are informed by our engineers that is was safe to do so.

In summary, our Airbus A380 registration A6-EDD, scheduled to operate flight EK017 from Manchester to Dubai was scheduled to depart Dubai at 07.55 hours Dubai local time and arrive at Manchester at 11.45 hours UK local time.

The actual time of departure was 12.11 hours Dubai local time and arrived at Manchester at 15.43 hours UK local time. Therefore the arrival in Manchester was 3 hours and 58 minutes late.

This subsequently had a knock-on effect and delayed the departure of flight EK018 scheduled to depart at 13.30 hours UK time, by 4 hours and 8 minutes at 17.38 hours UK local time.

Flight EK018 arrived in Dubai at 04.19 instead of 00.30, therefore, 3 hours and thirty nine minutes later than scheduled.

Furthermore, I would take this opportunity to advise you that the Civil Aviation Authority wrote to us regarding this particular flight on behalf of another passenger who had contacted them regarding this flight delay, a copy of which I have provided below.

'Thank you for providing some more information on the reason why flight EK18 on 02-Nov-12 was delayed.

Following consultation with airworthiness and flight operations colleagues in our Safety Regulation Group our review of the evidence provided we are of the view that the problem caused the delay could not have been reasonably foreseen.

From the information provided so far, it is our view that the delay was due to 'extraordinary circumstances' for the purposes of EC261/2004 (the denied boarding Regulations). As such, in our view compensation is not payable to the passenger concerned.

Our view is that, in this case only and under these specific circumstances only, the delay was due to extraordinary circumstances.'

I trust this helps to clarify why EU compensation is not applicable for this particular flight.

Yours sincerely,

Sharon Hurdiss
Customer Affairs Manager UK & Ireland




Is this actually the case ..thank you for your help.

Caz3121

you would be better posting in the correct thread but have a good read of the links relating to technical problems in post #2
https://forums.moneysavingexpert.com/discussion/4445423

KMBayes

I recently suffered an 8 hour delay on a flight from Manchester to Bangkok connecting in Abu Dhabi. the airline is Etihad. The first leg was ahead of time, the onward flight was 8 hours late. Based on previous responses I believe I'm covered under EU regulations since it's a single ticket booking even though the delay was on the Abu Dhabi to Bangkok leg.

At the time we were told the delay was due to a storm in Hyderabad delaying the inbound aircraft. I don't believe this since they were very precise aboutthe length of the delay even 2 hours before the scheduled departure time. also This storm did not delay an Emirates flight departing bangkok for Dubai at a similar time with a near identical route.

Any advice on how I takethis forward? How much detail should I provide in my letter?

beautymadison

I am hoping for some advice regarding flight delay compensation. I have looked on the money saving expert website and feel that we would be entitled to compensation however the company that we flew with (Emirates) are rejecting our claim.

Our flights EK0018/EK0414 were on 4th October 2011 from Manchester to Dubai following on to Sydney with the scheduled departure time of 14.10. The flight from Manchester to Dubai arrived 9 minutes late causing us to miss our connecting flight which resulted in us arriving 11 hours late into Sydney airport. This was a connecting flight booked on the same ticket, which initially departed from an EU airport (Manchester).

Emirates reply was as follows-
'A review of your case shows that you were travelling on flight EK018 from Manchester to Dubai at 00.24 local time, whereas the scheduled time of arrival was 00.15. Therefore this flight arrived 9 minutes behind schedule. 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 Sydney is not governed by EU legislation.'

In my opinion Emirates are ignoring the fact that our flights were connecting flights booked on the same ticket which did depart from an EU airport.

Can anyone advise me whether we have a case and if so how we should proceed?

richardw

Have a read http://curia.europa.eu/juris/document/document.jsf?text=&docid=134201&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1&cid=2338776

CobyBenson

In my opinion the Regulations apply to your flight, however in my experience Emirates will dispute this and let the case run to court.

So far a litigant in person has tried this themselves and lost, however they're currently appealing that decision. See more info here:-

http://www.dlapiper.com/files/Publication/8fa0e4d7-e8db-416d-ba7c-7f83ba4a62ba/Presentation/PublicationAttachment/d570e9ad-ed1b-4bd0-a8c9-80dfc1707b82/Aviation-missed-flight-connections-outside-EU.pdf

JPears

It could also be argued seperatly that Emirates did not allow sufficient contigency between their own connecting flights. 9 minutes late to miss a connection really sounds a bit tight to me?

shrewdbird

I have a similar situation regarding regarding flight delay compensation. My claim has also been rejected by Air Canada.

Our flights AC859 left London Heathrow on 6 December 2013 and departed over two hours late to Toronto. We were due to get connecting flights to Buenos Aires but after running through the airport in Toronto and arriving at the Air Canada desk 15 minutes before the scheduled departure time we were told we had 24 hours to wait for the next connecting flight. We were put up in a hotel for the night and eventually caught our flight out of Toronto to Buenos Aires 24 hours late.

Air Canada's reply was as follows-
'The delay of flight AC859 on 6th December was less than 3 hours. Air Canada submits the connection flight of AC0092 from Toronto to Buenos Aires is not under the scope of the EU Regulations 261/2004. Air Canada is not a community carrier and this flight was departing from Canada and not the EU. In cases where flights are not operated by community carriers, the EU Regulations 262/2004 only applies where passengers are departing from an airport located in the territory or a Member State to which the Treaty applies. As such, in this case, compensation is not payable under EU Regulations 261/2004.'

Does anyone have any suggestions please about other Regulations which may apply or help on where to go from here?

Many thanks.

richardw

See post number 3 above shrewdbird.

nickyotron

My query is this. In Dec 2013 the mrs an I flew from a UK airport with Emirates to Dubai, to connect to Sydney. The connection was meant to be almost immediate (about 1 hr 15 mins).
On arrival, which was about 20 mins late, with no explanation why, they herded us up, and took all Sydney bound peeps to a desk. ( We expected to be rushed through customs etc to meet our Sydney connection at this point..)

The Emirates desk girl explained we aren't going to Sydney now, but Perth instead (?) and its leaving in about 9 hours !...

They told us then to go through customs an wait for a mini bus to take everyone (lots of confused tired people) to a hotel in the desert & come back later for the Perth departure. Incidentally no one told us of any delay, or why this was going on, or even offered us a drink of water in 42 degree heat!
So, would we be entitled to compensation for this?
Our friends tracking the flight have since told us our original connection went off to Manilla instead of Sydney btw Havent since checked this but wth! lol. An we never had any apology off Emirates :mad:
Incidentally we lost 1 night of accommodation in Sydney which i had already paid for