Flight delay compensation, all other non-EU airlines

Caz3121

there is a specific thread for Emirates where this is covered https://forums.moneysavingexpert.com/discussion/5201356

cmccoy004

Not relevant in other thread Caz3121

Caz3121

cmccoy004 wrote: »

Not relevant in other thread Caz3121

I am not sure what you mean - my response was to mervinsx re the Emirates not being able to appeal which is covered in the thread I linked to
http://forums.moneysavingexpert.com/showpost.php?p=74029283&postcount=3

CT6511

Hi,

I am new to this forum.

My partner and I wil flew with united from Newark - London Heathrow on Sunday 1st April 2018. The flight was scheduled for 10pm and boarding commenced at 9.15pm. Having all boarded the flight an annoucement came over the tanoy saying we might be slightly delayed as the there was a technical issue with the plane.

15 mins later we were told the plane was being put out of service and a new plane would be located for our flight. We all disembarked to the gate and awaited an updated. Fortunately this happened fairly quickly and within 30 minutes we had been given a new gate and a departure time of 11.00pm (optimistic seeing as it was 10.45pm by this time).

From this point onwards it went downhill. The plane needed cleaning and catering which took over an hour. We were then informed that the plane had a techinical issue that needed fixing and we were given a vague update as to how long this might happen - quote from one of the gate staff ' I dont want to put a time on it - maybe 25 minutes, maybe more, maybe less, but I am going home now anyway'.

The airport was pretty much closed by 10pm so at this point we had been delayed with no real access to food and drinks. We also were not offered the option to take a later flight. This was only highlighted to me as an option as a flight next to us also seemed to be suffering similar issues and pax were offered the chance to rebook on a later flight.

An hour after the technical issue was annouced we were told it was fixed and the plane needed safety checks before we could board.

In short, from point of disembarking first plane to boarding 2nd plane it took over 3 hours. Once we boarded the second plane we went through the push back process (we heard x2 annoucements to arm doors and disarm doors on the tanoy) to then be told the co-pilot was now illegal to fly so we had to wait for a relief pilot who was 30 mins away. What is mad is that they must have known this before boarding us? We then an hour of vague he is 3 - 5 mins away, he is 3 -7 mins away, he is on the property updates before he actually arrived 1 hr later. At each annoucement we were told we could get off the plane and get food if we wanted, although the terminal was closed at this point so I am not sure where they thought we could do this.

In the end the flight took off over 5 hrs late at 3am local time, but arrived in London only 4hrs 15 mins late due to a very fast flight time (6hrs).

United did email me with a generic apology and an offer of $100 dollars redeemable on a united flight. I am not planning on ever flying united again and have started the complaint process with the airline.

My grievances are as follows:

- original plane had landed at newark 9 hours earlier so how come it took so long to detect the issues
- the plane itself was 27 yrs old and had only the week beforehand suffered a mid air techincal fault that caused a diversion to Iceland - should it really be in service
- lack of clear updates / innapropritate behaviour from gate staff making jokes etc
- confusion over annoucements about flight status as the flight next to us was also delayed and neither gate staff made it clear which flight they were talking about
- i am a very nervous flier - have done therapy / have prescription from dr and the delay / techincal issues caused me to have a panic attack. When I spoke with the crew they ignored me.
- the plane was so old that airphone jacks did not properly work, even with the United earphones provided

What I would like to know is how likely I will get more compesation for the above claim and if anyone has been sucessful with complaints to united?

Sorry for the long post.

Thanks!

Justice13075

A non EU airline flying from a non Eu country no compensation due under EU261/2004

JPears

You are not due any compensation under regulation 261/2004 for the delay as it was non EU airline leaving non EU country.
Any other compensation is entirely at the discretion of United.
I wish you good luck with that.

James_Blonde

As mentioned elsewhere, myself and my wife were due to fly on Emirates Flight EK028 from Glasgow to Dubai on Friday 2 March 2018, with an onward flight to Hong Kong, as part of a months holiday - 4 days in Hong Kong, and the rest in Australia.

We checked into the flight on 28 Feb, however were notified via Email on 1 March that the flight was cancelled due to severe weather. I obviously have the cancellation Email.

We contacted the airline, that the earliest flight we could take would be on Tuesday 6 March, moving the whole holiday out by 4 days. This was impossible, due to hotel, activity and flight bookings in Australia, and therefore our only option was to cancel the Hong Kong portion of the trip, and associated hotels and arrangements, and fly directly to Australia - also missing a day in Australia.

We did ask about adding the Hong Kong portion on to the end of the trip, however the customer service agent advised this would cost around £5-600 per passenger, and the flight would be via Dubai, so completely impractical. We also asked whether they'd be willing to upgrade a sector of our trip as a goodwill gesture, which probably would have stopped me even looking into claiming, but I'm guessing the customer service agent wasn't empowered to do this.

Anyway, I decided to look at the Glasgow flight departure board on Friday 2nd and noted that flight EK028 was scheduled, and was boarding - the flight had not been cancelled. I've subsequently checked a flight tracker and confirmed that the flight did depart. This would therefore suggest that there were no extraordinary circumstances, as severe weather did not stop the departure of our flight. It appears we had been bumped from the flight - possibly to allow passengers from previously cancelled flights to fly.

Is this logic sound?

What are our options? I've drafted a Resolver claim, but wanted to check with real people first.

Thanks

JPears

Not much point using resolver, the templates in Vauban's guide are more suitable. Resolver does nothing that you can't do your self. Indded some airlines, eg KLM, just ignore resolver, wasting your time.
Your's is a slightly unusual case, as I've mentioned. If you try to claim denied boarding under regulation, 261/2004 they will probably just counter with the fact that you didn't present at the boarding.
So you will have to go with the fact you were delayed in reaching your destination by more than 4 hours as you were told that the flight was cancelled, when apparently it wasn't. And you were given less than 14 days notice of your flight change.
POst a redacted (no personal info ) copy up heare and we'll let you know if you've included all the relevant stuff.
Expect Emirates to fight this. They have a chip on their shoulder at the moment after losing in the Court of Appeal.

James_Blonde

How's this as a starter for 10?

Dear Emirates Customer Services

I am writing regarding a cancelled Emirates flight, Flight number: EK028
Departure airport: Glasgow International Airport, GLA
Scheduled departure time: Fri 2 March 2018 at 13:00
Arrival airport: Hong Kong (HKG) via Dubai International Airport (DXB)
Number of passengers: 2
Other passenger names:
Booking Reference:

Myself and my wife were recently scheduled to fly from Glasgow to Hong Kong, via Dubai, due to depart on 2 March on Flight EK028 on booking reference. We checked in to this flight on Wednesday 28 February, however, significantly less than 14 days before the flight, we were notified that this flight was cancelled on 1 March 2018 due to severe weather. We are, however, aware both through monitoring flight departures from Glasgow on the day, and confirmed through subsequent investigation, that flight EK028 flew from Glasgow on 2 March, departing at 1.57pm, despite us being advised that it was cancelled. Meteorological conditions were clearly sufficiently favourable to allow aircraft, and in fact the flight we were supposed to be on, to depart, and therefore I don’t believe that there were any extraordinary reasons for the cancellation of our flight.

The earliest flight that your customer service agents could rebook us on was EK028 on Tuesday 6 March - 4 days later than scheduled.

As we received less than 7 days notification of this cancellation, our new flight arrived more than 4 hours after the original flight, and that this was a long haul flight, flying a distance of 5848km, I am seeking compensation under EC Regulation 261/2004 for this disrupted flight. l am seeking €600 compensation per person - €1200 compensation in total for cancelled / delayed flight for both myself and my wife.

Additionally, being removed from this flight resulted on us having to cancel the Hong Kong portion of our holiday, therefore we lost flights (Glasgow – Dubai - Hong Kong and Hong Kong - Brisbane) and associated hotels, activities and accommodation with friends.
We tried to rearrange this portion of our holiday with your customer service agent, by moving the Hong Kong trip to the end of our holiday, but we were advised that this would not be possible without significant cost – I believe around £500 per person. We suggested an upgrade to one of our revised sectors would provide a degree of compensation for our lost Hong Kong trip, and at no cost to you as an airline, but again, the customer service agent was not able, willing, or empowered to assist. We believe that the cost of these flights should be refunded, as through no fault of our own, we were not able to complete this planned and booked sector of our holiday.

I look forward to a full response to this letter within 14 days. If I do not receive a satisfactory response I intend to pursue my complaint further, which could mean taking it to court.

Name

Address:
Phone:

jpsartre

You can still cut it down quite a bit (e.g. the stuff about being refused an upgrade is irrelevant and should be left out). But before giving concrete suggestions, how were you rebooked? You were originally booked to fly to HKG and Emirates changed the ticket to Australia? If so, I would question the request to ask for a reimbursement of your ticket (although I would pursue any out of pocket expenses such as lost hotel accommodation). What a screw-up on Emirates' part though.