Flight delay compensation, all other non-EU airlines

Carol_B

Thank you for the advice Vauban. I know it will be right and therefore won't waste my time by pursuing it. It's astounding that in the USA they can just treat passengers this way, seemingly without any apology, recourse or recompense. Thanks again

Timothea

Carol_B wrote: »

It's astounding that in the USA they can just treat passengers this way, seemingly without any apology, recourse or recompense.

In the US, service providers rarely give assistance or compensation when things go wrong. This is because consumer protection laws are generally weak, and are the responsibility of each State. Air travel between different States or internationally comes under US Federal authority, so you have virtually no recourse in US law. Also, American culture is very strong on self-reliance, so Americans generally don't expect help from anyone, least of all a corporation.

mervinsx

[FONT=&quot]I have been battling with Emirates for compensation since 2015, for a flight from Heathrow to India via Dubai in 2013. The Heathrow departure was delayed by Emirates (i.e. no extraordinary circumstance) and therefore, as a result, I missed my connecting flight in Dubai, reaching my final destination 10 hours later than planned.

I was very close to taking Emirates to court via small-claims, but with the CAA's recent press release regarding enforcement action, I once again wrote to Emirates and their response was as follows:

"Emirates takes all customer complaints involving flight delays very seriously and adheres closely to all applicable regulations. [/FONT]
[FONT=&quot]Currently, we are involved in legal proceedings here in the UK surrounding such issues and we will adhere closely to the findings of the court once decided."[/FONT]

[FONT=&quot]Looks like the CAA are doing something about this!![/FONT]

Tyzap

After years of ignoring the mounting problems created by Emirates, regarding missed connections outside the EU, it does look like something is finally stirring inside the CAA.

Emirates have been the main ringleader, with many others willing to follow, so perhaps this action will finally close the loophole.

Please inform us about any updates to your claim.

JPears

Although there 2 years to go before 6 Year limit, it may well take CAA that long to sort things out. If it does, get your legal claim into court before your 6 years is up.

Faldinio

I have a similar complaint with Qatar Airways although they say that they are waiting for an appeal based on the definition of "final destination".

My gf and I were delayed 24 hours to our final destination of Male (Maldives) due to our Manchester -> Doha flight being late leaving Manchester and arriving 1hr 39m late to Doha. We only had only been allowed 1hr 45m to make our connection and the next flight was the same time the following day.

We lost a full day of the holiday we booked with Virgin, but were advised to speak to Qatar Airways about the delay. Here is their reply:

Thank-you for your email letter dated 26th March 2017, from which we were indeed very sorry to learn of the inconveniences encountered whilst travelling with us.

We can assure you that on time performance is of paramount importance to Qatar Airways and therefore sincerely apologise that your flight from Manchester to Doha was delayed 1 hour & 39 minutes due operational reasons, resulting in you missing your connecting flight to Male.

It is most regrettable that this meant that you subsequently arrived into Male some 24 hours later than originally planned.

The experience that you have encountered is certainly not a characteristic of the high standards of service we are striving to provide. As one of the fastest growing airlines in the world we are aware of the expectations of our customers and certainly try our best to meet these.

The airline industry and its operations are notoriously affected by multiple uncontrollable factors and for this reason timings are not guaranteed. Although we fully understand the consequences of your late arrival, we regret to inform you that the airline cannot be held liable/responsible for separate missed connections or contracts such as hotels.

We can only advise that if independent travel insurance is held, this may be the only possible avenue for restitution.

With regard to compensation in accordance with EU Regulation EC261/2004, all claims are currently being stayed as there is a legal challenge in the Court of Appeal with regard to the terminology of “final destination”.

Once the outcome is known, please contact us again, if applicable.

We ask you to accept our repeated apologies for the inconvenience caused & hope that we will have the privilege of welcoming you aboard our services again in the near future, under altogether happier circumstances.

Is there anything else I can do or is it a case of just waiting for this appeal, whenever that might be?

111KAB

So long as time is on your side ie you are not getting near the 6 year (legal action) threshold then I suggest you await the outcome of the appeal.

Vauban

Is there definitely an appeal? Beyond a vague threat of CAA action (which I wouldn't put much faith in) is there actually a court case going in front of a precedent-setting court? Does anyone have any details - apologies if I've missed something.

111KAB

Gahan v Emirates ..... no actual date set as yet but will be end July 2017. Liverpool are staying all relevant cases pending Appeal Court decision.


http://www.4kbw.net/news/15082016185509-court-of-appeal-to-settle-the-question-of-delay-and-missed-connections/

Vauban

111KAB wrote: »

Gahan v Emirates ..... no actual date set as yet but will be end July 2017. Liverpool are staying all relevant cases pending Appeal Court decision.


http://www.4kbw.net/news/15082016185509-court-of-appeal-to-settle-the-question-of-delay-and-missed-connections/

Many thanks 111KAB for flagging this - also a really interesting article that explains the legal issues very well!