Flight delay compensation, all other non-EU airlines

hawkeye3

In August, my partner and I were returning to the UK from Melbourne to London. We booked the first flight from Melbourne to Kuala Lumpur with Air Asia. When we arrived at Melbourne Airport the flight was already listed as being delayed by over 1 hour. We asked the staff of Air Asia what could be done as we had another flight from Kuala Lumpur 4 hours after their flight was scheduled to land. They told us they would make the time up in the air. When we had landed over 3 hours late, and after waiting for our luggage to arrive on the carousel, we caught the train to the terminal for our Emirates flight to London. The Emirates staff informed us the check in desk had closed 2 minutes before we had arrived and there was nothing we could do. We rang the boarding gate through the help desk and they just told us "no". We were directed to the Emirates office, and after going there, found that it was closed for two days, until the Monday. The number on the door rang but there was no answer. The Emirates desk, once again staffed, 4 hours later, told us we could buy two £4000 business class tickets on the next flight. As a teacher and a nurse in our late twenties this seemed a bit steep. In the end, after getting no assistance at all from either Air Asia or Emirates, we had to book another set of tickets to London for £1000 and 2 unscheduled nights in a hotel waiting for the flight, putting us well out of pocket.

Since getting home, we have contacted our travel insurance company who told us that our policy only covers outbound flights at the beginning of the holiday. This wasn't stated anywhere until after we had purchased the policy and was not clearly expressed. Why would we buy a one way insurance policy for a two way trip? Air Asia will not respond to our emails and are unable to process complaints by phone, or at the desk when we tried at Kuala Lumpur Airport. Their website says they are not responsible if they make you miss a flight, unless it is one with Air Asia. Emirates say it isn't their responsibility to refund the flight.

Overall, we are very unhappy with Air Asia who made us late, the insurer who had a misleading product and Emirates for being completely inflexible. Please could you let us know if there is something we can do in order to recover the cost of the flight we were prevented from taking, or for the extra flight we had to pay for, as well as the accommodation cost of staying for 2 unscheduled nights in Kuala Lumpur waiting for the new flight?

jpsartre

There's nothing you can do. When you book separate tickets you bear all the risk associated with missing a connection. If you don't want to do this you need to book a single ticket.

JPears

And check your insurance policy very very careful.
Unfortunately life is a lesson of mistakes, especially when it comes to insurance of any kind. I've learnt over the years what to look for in a policy. One day I will get caught out

If the insurance policy doesn't let you check the T&Cs before purchase then don't buy it.

Keep_pedalling

Outbound the insurence will cover you for a cancelled holiday if the delay was excessive. compensation for delays usually comes from the airline under EU legislation.

The big mistake you made was splitting the journey with separate tickets on different airlines. With a single ticket you would have been put on a separate flight at no cost and would have been able to claim compensation, but your first leg does not fall under EU law, and I don’t think Australia has any similar laws.

Caz3121

hawkeye3 wrote: »

Please could you let us know if there is something we can do in order to recover the cost of the flight we were prevented from taking, or for the extra flight we had to pay for, as well as the accommodation cost of staying for 2 unscheduled nights in Kuala Lumpur waiting for the new flight?

I suspect you are going to have to swallow this as an expensive lesson re booking separate tickets. With a long haul flight at risk you really should have allowed much longer or travel to KUL the day before the Emirates flight (having travel insurance for the situation too)
Did you save a lot by booking separate tickets?

Computersaysno

Went thru Emirates process with a complaint [used Resolver]


No joy so Resolver allowed me to send it to CAA PACT ...that was two months ago.


Not had a single word back from CAA.


Is this usual??

JPears

When you say no joy, is that because Emirates didn't respond?
Or did they deny liability for any compensation/expenses?
If the former, it maybe that Emirates don't recognise or respond to Resolver system (its quite common)
If the latter, then either ADR or courts are your best options.

Don't hold your breath with CAA, they are next to useless.

Justice13075

Don't give them that much credit, Chocolate teapot comes to mind.

Computersaysno

They initially denied it citing 'exceptional'...I disputed that and then they just went silent, despite several chase up emails.


Guess it's a visit to MCOL on the cards....

JPears

You need to send an NBA with a time limit for payment, say 14-21 days, before proceeding with MCOL.
Good read of Vauban's most excellent guide, if ytou haven't already done so.