Flight delay compensation, all other non-EU airlines

Caz3121

If you read the FAQs there is a link halfway down post one called
Emirates Airlines address

https://forums.moneysavingexpert.com/discussion/4421185

Butterfly05

Thank you that's really helpful!

TravelCork

Well having stated my case to Malaysian, they have stood by their previous defence that the technical fault could not have been foretold. In fact they have now brought in the fact that the aircraft was just 16 months old and therefore a fault such as the one experienced could not have been expected. They explain:

'There is considerable discrepancies between the Judgments as to what can or can not amount to 'Extraordinary Circumstances'. This has led to much uncertainty on the issue and as a result of this the CAA together with other enforcement bodies have produced a list of when they believe the defence of 'Extraordinary Circumstances' can be relied upon. The CAA are the highest authority in the aviation sector in the UK and we as an airline have taken the view that we can and indeed should rely on the list provided to us by the CAA.

In this instance, and as previously advised, the delay falls firmly in No 24 on the list which refers to 'Failure of an on condition' part. This was an aircraft that was only 16 months old and this part had no history of ever having sustained a fault, so clearly there were no steps that we as an airline could have taken to avoid this incident and the resulting delay.'
I think that maybe my correspondence has run its course and maybe the cause of the delay was extraordinary. However, as I said at the start, my suspicions were raised because when checking in I was offered 600 euro (co-incidentally the same amount due for a delay of this length and distance!!) to take the later flight. Call me cynical!! Anyway, just wanted to say thank you to you guys for all your help and advice.

steyu

Had a delay with Iceland Express in August 2011,couldn't contact as in Administration.Similarly with Astreus who operated their service.
Tried Tesco section 75 route but they declined and their decision up held by Financial Ombudsman Service. Anybody had any joy with Iceland Express or any other avenues to explore?? Thanks

111KAB

TravelCork wrote: »

'There is considerable discrepancies between the Judgments as to what can or can not amount to 'Extraordinary Circumstances'. This has led to much uncertainty on the issue and as a result of this the CAA together with other enforcement bodies have produced a list of when they believe the defence of 'Extraordinary Circumstances' can be relied upon. The CAA are the highest authority in the aviation sector in the UK and we as an airline have taken the view that we can and indeed should rely on the list provided to us by the CAA.

In this instance, and as previously advised, the delay falls firmly in No 24 on the list which refers to 'Failure of an on condition' part. This was an aircraft that was only 16 months old and this part had no history of ever having sustained a fault, so clearly there were no steps that we as an airline could have taken to avoid this incident and the resulting delay.'
I think that maybe my correspondence has run its course and maybe the cause of the delay was extraordinary.

It is a pity you are willing to just accept what the airline say as you have a very valid claim. At the very least I would approach a no win no fee firm to take up your case and I will post a long edit as to why the airline are being economical with the truth in their response.

Caz3121

Start with the FAQs - claim is from the airline and if the airline is bust then there is no claim

111KAB

Rather than edit the previous post....


12 April 2013 > Guidelines dreamt up by CAA/NEB and airlines marked as preliminary and non binding - http://www.scribd.com/doc/187964205/Neb-Extraordinary-Circumstances-List-Version-1
Summer 2013 > Guidelines issued and complaints flood in
19 September 2013 > Issue of Guidelines challenged by representation to EU Ombudsman - http://www.ombudsman.europa.eu/en/cases/caseopened.faces/en/51767/html.bookmark
28 November 2013 > Ombudsman apologises that examination of reasons why NEB list was included as EU document is taking longer than she thought and accordingly they have instructed NEB's to reissue marking as Draft, not legal and non binding. NEB's reissue however they do not change the date (12 April 2013) so there is nothing to stop them just sending out version 1. - http://www.scribd.com/doc/187964637/Neb-Extraordinary-Circumstances-List-Version-2
The standing of the NEB list is also discounted in the Huzar case > "I am informed that a meeting of European national enforcement bodies has provided guidance on this issue which would tend to support the respondent’s argument. However its provenance is unclear and in any event the guidance is just that. It does not purport to be definitive or binding. Whilst it is drawn up by a body whose view deserves some respect, that body is not part of the legislature and is not tasked with interpreting the intention of the legislative body in any particular case."

JPears

111KAB wrote: »

Rather than edit the previous post....


12 April 2013 > Guidelines dreamt up by CAA/NEB and airlines marked as preliminary and non binding - http://www.scribd.com/doc/187964205/Neb-Extraordinary-Circumstances-List-Version-1
Summer 2013 > Guidelines issued and complaints flood in
19 September 2013 > Issue of Guidelines challenged by representation to EU Ombudsman - http://www.ombudsman.europa.eu/en/cases/caseopened.faces/en/51767/html.bookmark
28 November 2013 > Ombudsman apologies that examination of reasons why NEB list was included as EU document is taking longer than she thought and accordingly they have instructed NEB's to reissue marking as Draft, not legal and non binding. NEB's reissue however they do not change the date (12 April 2013) so there is nothing to stop them just sending out version 1. - http://www.scribd.com/doc/187964637/Neb-Extraordinary-Circumstances-List-Version-2
The standing of the NEB list is also discounted in the Huzar case.

And that is being kind - totally discredited and shot to pieces is probably nearer the truth...

Dom1952

I have recently returned from a trip to Australia on Emirates. My flight from Manchester took off 2 hours late because they had trouble fuelling the aircraft, and so I arrived in Dubai about 90 minutes late. That resulted in my missing my connecting flight to Sydney, and so Emirates transferred me on to the next flight over 8 hours later. Emirates put me up in a hotel overnight, which they paid for. My query is whether or not if I would be entitled to any compensation under the EU rules for the delay of over 8 hours in my eventual arrival in Australia.

Caz3121

It all depends on why the flight left Manchester 2 hours late, have a read through the FAQs - you will find a Emirates address in there too