Flight delay compensation, all other non-EU airlines

jpsartre

jugulator wrote: »

Is there anything else I could do get some compensation. Surely there would be some other law, if EC 261 doesnt apply.

Not that I know of. Sounds like it could have been handled better but these kind of things can happen when flying.

jugulator

Thank you very much for your reply. Much appreciated

James_Blonde

Hi all, so further to my last post regarding my complaint to Emirates about a cancelled flight at the beginning of March (posted for advice here in April - on previous page) I've had a response back from Emirates. Unsurprisingly, it appears that they haven't read or investigated the content of my complaint, and simply sent out a stock response - bad weather caused the cancellation of my flight, you're not entitled to compensation.

Had they actually read the complaint, they would have seen that I'd said I was aware that the "cancelled" flight boarded and flew on the day of departure.

So, for background, I watched the Glasgow Airport departure board on the day the flight was due to depart, and saw the flight on the board, showing as Boarding, and then showing as departed around an hour after the scheduled departure time. On my return from my holiday, I confirmed this using a subscription flight tracking service, which confirmed the flight departed Glasgow at 1.57pm. So I'm confident that the flight flew, and that evidence exists that it flew.

So far, so good.

However, the flight tracking service has the following, in bold, in it's terms and conditions:

Restrictions on Use
You may not:
Use the Services or the Data for any passenger rights claims actions, for example actions pursuant to EU Regulation 261/2004.

So I have evidence I apparently can't use. So what am I supposed to do to pursue this claim?? Surely this data exists somewhere that I CAN use? Don't mind paying, as I paid for this service, but seems a bit strange that they won't allow the data to be used?

Thanks in anticipation...


Oh, update for info, someone thought it might have been diverted into Prestwick and then managed to hop over to Glasgow when the weather cleared. Thought I'd check that, not that it was necessarily relevant, but of interest as part of an explanation. It appears that the flight arrived into Glasgow direct from Dubai on 2 March, landing at 1:08pm, so delayed arrival (scheduled at 11:30am) but departed Dubai at the scheduled time, and quick turnaround to depart less than an hour later. So wasn't diverted or routed elsewhere overnight. The flight notes are interesting too - looks like the flight from Dubai was marked as cancelled, and then scheduled again. However the flight from Glasgow was never marked on the notes as cancelled.

NoviceAngel

James_Blonde wrote: »

.........

However, the flight tracking service has the following, in bold, in it's terms and conditions:

Restrictions on Use
You may not:
Use the Services or the Data for any passenger rights claims actions, for example actions pursuant to EU Regulation 261/2004.

So I have evidence I apparently can't use. So what am I supposed to do to pursue this claim?? Surely this data exists somewhere that I CAN use? Don't mind paying, as I paid for this service, but seems a bit strange that they won't allow the data to be used?

Thanks in anticipation...

Well that’s a new one on me many people use flight radar 24, I personally use plane finder which I think I paid a one off fee for the app and don’t need to pay monthly subs..

Which one was it? Your question is perfect for one of our regulars to comment on - I hope he spots it and if he doesn’t I send him a PM.

I personally would use any data from any source I’d accessed legally, that’s my view despite that ridiculous disclaimer.

It will be there to protect themselves against the unlikely event that the data they have is erroneous. Legal T & C’s again

NoviceAngel

Apologies for the double post, but .....

I would definitely use the data you have - just don’t reveal the source and let the defence try to disprove it, which of course IF it is accurate then they won’t be able to do. If pushed, you used the services of several various sources of information on the internet to gain the information that you put before the court.

Ridiculous you would have to be pushed into that misdirection though.

Good luck

It will be interesting to hear others comments.

NoviceAngel

James_Blonde

I have the FlightRadar app, but it doesn't seem to do historical data that far back - I could only find 2 (I think) services that offer proper historical data, and both were paid for. I'm using FlightStats. I've also got the historical forecast and actual weather data for Glasgow airport for the 36 hours preceding the flight, though not sure it shows anything of any great relevance, there were snow showers, but the general forecast was actually fairly clear, nothing there that would have screamed out to me that the flight should be cancelled like was in the forecast for the previous day, and observations show good visibility, high cloudbase and no weather after 6.50am.

I just don't get it.

And I don't get Emirates just sending out a template Email, though I guess as a first response, they've got to try to fob me off.....

Tyzap

Try using planefinder, it's free and does go back to your flight.

What was your original flight schedule (date and flight number) prior to any change or cancellation.

Not sure if this was your flight....

http://theeksource.com/emirates-b777-300er-a6-enx-ek25-prestwick-diversion/

More here too...

https://www.pprune.org/10069352-post820.html

James_Blonde

Thanks for that - interesting. Nope, niether would have been my flight, but interesting that they're suggesting that the flight at Prestwick was boarding? So they either bussed passengers to Prestwick, or told passengers to make their way there.

Tyzap

James_Blonde wrote: »

Thanks for that - interesting. Nope, niether would have been my flight, but interesting that they're suggesting that the flight at Prestwick was boarding? So they either bussed passengers to Prestwick, or told passengers to make their way there.

It looks like your flight did not operate, according to the following link...

http://theeksource.com/02-03-18-emirates-flight-cancellations/

Probably due to so many Glasgow aircraft being diverted etc around that period of bad weather.

However, it looks like Glasgow was clear of snow by the 2nd and seemed to be operating fairly normally. If it was cancelled in anticipation of bad weather but, as it turns out, could have then operated, are you due compensation.

BA do this quite a lot at LHR, but that is in conjunction with ATC and the CAA. Emirates seem to have done it unilaterally, so it's worth claiming imo.

Good luck.

James_Blonde

It's not even that it could have operated, it's that it looks like it DID operate - both watching the departure boards on the day (out of curiosity - lets be fair here, I had nothing better to do!) and seeing our flight showing as boarding and then departed, and also through subsequent investigations of the flight trackers on my return that show it flew and I wasn't imagining it.


I'm guessing that site takes its information from the same location that sent out my cancellation Email, so possibly static and not based on what actually happened on the day. I'm suspecting there may have been some kind of disconnect between operations and customer services.


my theory at the time was that they'd bumped the passengers off the flight on the second to accommodate the passengers from the previous days flights that had been cancelled - that would potentially also account for the fact we were delayed by 4 days, rather than booked on the next available departing flight


Either way, from the information I have, I've got a case - I just need to know how to use the information I have, or where to get information I'm allowed to use!