Flight delay compensation, all other non-EU airlines

rabialiones

my return flight was delayed last year by about 24 hours from asia
I contacted emirates to complain.
their reply:-

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From: Alternative Dispute Resolution (EU) <ADR@emirates.com>

Sent: Thursday, 21 July 2016, 16:18
Subject: Automatic reply: complaint not resolved

Dear Customer
!
Thank you for your communication and we are sorry that we have been unable to bring this matter to a mutually amicable conclusion.
!
To comply with! the European Directive regarding The Alternate Dispute Resolution for Consumer Disputes (ADR) !- Regulation no 542/19 - 2015 we are providing you with the name and contact details of an approved ADR in the UK as below:-
!
Ombudsman Services Limited
The Brew House
Widerspool Park
Warrington
WA4 6HL
enquries@os-communications.org
!
https://www.omnudsman-services.org
!
!
Please be advised that subscription to the ADR is voluntary for airlines and not compulsory. Emirates like many other airlines operating from the UK do not currently subscribe to this service, therefore, they will not be in a position to handle your case on this occasion.
!
Please also be advised that if you are resident in the United Kingdom and your complaint concerns an Emirates flight between the United Kingdom and Dubai and falls under European legislation EC261/2004 or EC1107/2006, then the UK Civil Aviation Authorities complaint handling service PACT may be able to assist you further. Full details of their policies and procedures can be reviewed at https://www.caa.co.uk!
!
Yours faithfully

Emirates

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To
Alternative Dispute Resolution (EU)

Message body
!

thank you for the prompt reply, however,
as you have stated emirates does not subscribe to ADR , so it does not really help me in any way as it will be of no use contacting them.

it is only emirates themselves that can resolve this dispute, therefore I request again you , i.e. emirates to!!resolve! this matter and compensate accordingly.
!thank you

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any ideas if I can take this any further???????

Caz3121

rabialiones wrote: »

my return flight was delayed last year by about 24 hours from asia

EU261 does not cover non-EU airlines on delays starting outside the EU
You can check the Emirates conditions of carriage to see what they state for delays or your travel insurance

Alan_Bowen

You suggest it was the return flight to the UK that was affected. If that is correct EU261 does not apply and you have no claim as you were flying from a non EU airport on a non EU airline. Look and see if your insurance had any cover, although if it was a year ago, you are probably out of time to make a claim on your insurance policy anyway

Carol_B

Last month We travelled from Manchester to Miami on a through Virgin Atlantic ticket. Virgin code share with Delta. We arrived in Atlanta to discover our connecting flight to Miami had been cancelled , no warning or explanation. We were then placed on standby for four different flights, the last one of which we boarded and arrived inMiami 6 and a half hours late. Since then I have had a very frustrating time in trying to converse with Virgin Atlantic by e mail. The bottom line is that despite having a through Virgin Atlantic ticket they are denying all responsibility in this case. We were given no food or drink or help, we were just abandoned by them. I rang VA from Atlanta ( as getting nowhere with Delta as we weren't 'Delta Priority' although we were on a Premium Economy ticket). Since then VA have insisted that the responsibility lies with Delta and we should direct our claim for compensation through them. My point to them is that I bought a VA ticket and I don't have any influence who they code share with, that's their choice and if their partners let THEIR customers down then they are responsible. I can't find anything in Vaubans Guide to cover this and wonder if anyone else has faced a similar dilemma. Delta of course are not covered by the EU Regs but I believe VA are accountable for this delay and ultimate compensation ?

Vauban

So the bottom line is that the Regulations and the case law are not explicit on this. But the consensus seems to be that, if there was no delay on the first leg but the delay occurred entirely outside the EU on a non-EU carrier, then compensation is not due. Compensation is paid by the "operating air carrier", which means the company providing the flight. The fact that it was a code share with Virgin is immaterial, unfortunately. So you are owed nothing. If you had flown directly to Miami, on any airline, from the UK then you'd have been covered by the Regs.

boatman

At what point does a bit of light snow become the airlines fault? I can understand an hour or two delay. How long before they should shuffle some planes to fill the shortfall if its their base airport?

cheap-information

I was recently flying with Etihad from Manchester Airport to Colombo (Sri Lanka). Due to being Etihad, I had a connecting flight in Abu Dhabi.

On the way out, my Manchester>Abu Dhabi flight was delayed due to technical faults by 3 hours.
This resulted in me missing my Abu Dhabi>Colombo connection, the next connection was around 14 hours later and so I arrived into Colombo 14 hours later than planned.

From my understanding, as it was booked under one ticket and the delay happened in the UK, I should be entitled to compensation. However, Etihad have now said twice that I am not entitled due to them being a non-EU airline and Abu Dhabi being a non-EU airport. They mentioned that the Manchester flight was delayed by less than 3 hours and so am not entitled to compensation:

"Thank you for writing to us.
I am sorry to learn that your flight EY022 on 13 November 2016 from Manchester was delayed and that you subsequently missed your connecting flight to Colombo.

Whilst I can appreciate that this must have been disappointing for you, please be advised that the delay of flight EY022 cannot be considered a long delay which requires the application of EU Regulation 261/2004. Being a non EU carrier, EU Regulation 261/ 2004 will apply to Etihad Airways only in respect of delays of 4 hours or more at an EU airport.

In this case the delay at the EU airport was less than 4 hours so EU Regulation 261/2004 is not applicable.

The flight from Abu Dhabi to Colombo, your ultimate destination, is a separate flight segment for which EU Regulation 261/2004 does not apply. Therefore the total delay in getting to the ultimate destination is irrelevant in determining whether we, as a non EU carrier, would be liable to pay compensation for a long delay under EU Regulation 261/2004.

In light of the foregoing, I am sorry to advise you that we are unable to comply with your request for EU261 compensation."

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My response to this was the issue that it is the final destination which matters and it was booked under one ticket, so should be entitled to compensation. However, they have replied back saying exactly the same thing:[/FONT]
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Further to your request for EU261 compensation, please allow me to reiterate that non EU carriers are obliged to pay compensation under RegulationEU261/2004 for delays of 4 hours or more, at an EU airport only.

In this instance, the delay was not at an EU airport, and Etihad Airways is not an EU carrier. Therefore, we are not in a position to consider your claim for compensation. The flight from Abu Dhabi to your ultimate destination is a separate flight segment for which EU Regulation 261/2004 does not apply. Therefore the total delay in getting to the ultimate destination is irrelevant in determining whether we, as a non EU carrier, would be liable to pay compensation for a long delay under EU Regulation 261/2004.
In closing, on behalf of Etihad Airways, I would like to thank you for allowing us the opportunity to review your concerns, and hope that, in spite of your disappointment on this occasion, you will choose to travel with us again in the future.

I have read through the previous posts and seem to get mixed messages. I have also read through Vauban's useful guide but didn't find anything specific to my case.

What does everyone think?

Vauban

cheap-information wrote: »

I have read through the previous posts and seem to get mixed messages. I have also read through Vauban's useful guide but didn't find anything specific to my case.

What does everyone think?

see here: http://www.caa.co.uk/News/Five-major-airlines-face-enforcement-action-for-denying-passengers-compensation-for-delayed-flights/

cheap-information

Thanks for that, I had actually seen that and it seems to be an example of my case.

But as to how I take it on as they seem to have shut the door on me. Do I go to the CAA or should I wait for the outcome of their action against them?

Vauban

cheap-information wrote: »

Thanks for that, I had actually seen that and it seems to be an example of my case.

But as to how I take it on as they seem to have shut the door on me. Do I go to the CAA or should I wait for the outcome of their action against them?

I bet there will be no legal action from the CAA - they lack the stomach for it. So you'll be waiting for a long time.

No, the only thing you can do is to take the airline to court, based on the CAA guidance and the Folkerts judgement. I bet they'll settle then.