Flight delay compensation, all other non-EU airlines

htb

Im in the same position with a united airlines 'journey' as they call it. delayed at LHR so missed connection. I think you need to look at whether you had a single ticket reference for the whole journey and if I understand it correctly its the end destination on that ticket that counts. Verbauns guide is really useful to check as referred to on the forum. United refused several times, took it to the CAA and CAA have written in my favours but cannot force the airline to pay as they are not an ombudsman. I have issued my claim via Moneyclaimonline today, its cost £105 but they need to respond within 14 days . I am hoping the CAA letter will add weight to my claim if it gets to the stage where united plan to defend the claim.

JPears

louisella wrote: »

Hi - it was delayed by about an hour

Might be helpful to contact CAA. Some people have won in court on this matter, others have lost. Of course they have only quaoted you one of the winnning cases. And I belive Sanghi was diferent circumstances, check the case out.

Caz3121

htb wrote: »

Im in the same position with a united airlines 'journey' as they call it. delayed at LHR so missed connection.

worth reading Lyndac40s tale with similar with United (which ended up with success) starts post 29
https://forums.moneysavingexpert.com/discussion/4445417

hello_hello123

Hi, let me know if posting in the wrong area, we have a scenario for which I am struggling to find an answer for... we booked a journey from Manchester, Uk to Fort Lauderdale, Florida. The flight was entirely with Delta but we were getting a connecting flight through JFK, New York. The flight from Manchester to JFK was on time but the flight from JFK to FLL was delayed by 222 minutes.

The specific delayed flight was obviously in the US only, but my overall flight journey delay was greater than 3 hours and started in the UK. Can anyone share any expertise on the validity of this claim?

Caz3121

hello_hello123 wrote: »

The flight from Manchester to JFK was on time

as the flight departing from the UK was not delayed then EU261 does not apply as the delay started outside the EU

htb

htb wrote: »

Im in the same position with a united airlines 'journey' as they call it. delayed at LHR so missed connection. I think you need to look at whether you had a single ticket reference for the whole journey and if I understand it correctly its the end destination on that ticket that counts. Verbauns guide is really useful to check as referred to on the forum. United refused several times, took it to the CAA and CAA have written in my favours but cannot force the airline to pay as they are not an ombudsman. I have issued my claim via Moneyclaimonline today, its cost £105 but they need to respond within 14 days . I am hoping the CAA letter will add weight to my claim if it gets to the stage where united plan to defend the claim.

Well, as of today United Airlines has not responded to the small claims court, so I have requested judgement to be made against them (moneyclaimonline)... not sure how long this takes, or what chances of success, but will keep you posted. Any one else had success other than Lynda.

JPears

Judgement process usually takes a week or so, then you have to start enforcement. UA can at any time, seek set aside, if they have good reason to give to the court.

DIYBaldyman

Caz3121 wrote: »

as the flight departing from the UK was not delayed then EU261 does not apply as the delay started outside the EU

Not according to the Air France v Falkerts judgement;

"Article 7 of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 must be interpreted as meaning that compensation is payable, on the basis of that article, 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, given that the compensation in question is not conditional upon there having been a delay at departure and, thus, upon the conditions set out in Article 6 having been met."

I may be wrong, but from the wording of the above ruling, I would suggest that providing you can demonstrate that the journey was purchased as directly connecting flights, compensation should be payable?

JPears

DIYBaldyman wrote: »

Not according to the Air France v Falkerts judgement;

.....
I may be wrong, but from the wording of the above ruling, I would suggest that providing you can demonstrate that the journey was purchased as directly connecting flights, compensation should be payable?

Alas that is the nub of the problem. It really needs clarification by the EU. In this instance, the second leg was non EU airline, outside of the EU. I suspect Folkerts applies to inside EU only...

Tyzap

Emirates flight connection problems, see these links.

https://www.flightdelays.co.uk/blog/2015/1308/connecting-flights-and-regulation-2612004

https://www.flightdelays.co.uk/blog/2015/1312/emirates-and-the-sanghvi-problem

Link to Juni's win against Emirates....

http://forums.moneysavingexpert.com/showpost.php?p=70242738&postcount=16