Flight delay compensation, all other non-EU airlines

Justice13075

Certain airlines signed up to a dispute resolution either ADR or CEDR American Airlines are not signed up to either so your only option will be to use MCOL (money claim on line) but before you take that action you need to send them a letter before action giving them 14 days to pay or you will sue using MCOL. Download Vaubans guide from the internet on page 6 is a template letter just fill it out and send it to American Airlines UK HQ. Send it to customer services

American Airlines Waterside HAA3, Harmondsworth, UB7 0GB get a receipt as proof of purchase

Justice13075

Just re read your post you will use the ESCP (European small claims procedure not MCOL.

smilingbright

Thanks so much Justice13075, your advice is really appreciated. I presume I need to use the ESCP because I flew from Dublin not the UK?

Justice13075

Yes, Good Luck

JPears

Unless you are resident on the UK? I assume you can sue through Uk courts even though flight left from Dublin.

Justice13075

Doesn't make sense it's like saying I was on an a Delta flight from Oslo to Toronto which was over 4 hours late and suing Delta in a UK court because I live in Plymouth

JPears

Why? Its an EU law. Its no different to claiming compensation for your return flight really. If I live in the UK and the airline in question has a UK business address, it makes no difference where the flight started or finished. If i got a flight to Dubline with X airline and then got a flight wether 1 or 2 leg from Dubline with airline Y and airline Y caused the delay on airline Y's flight I would still claim in the UK?
The only reason we use the ESCP system (through UK courts) is for airlines that don't have a UK business address or have it in their terms and conditions re legal action, like Ryanair.
In fact I have looked at getting a flight to Dublin to then go on to Milan with a different airline. If the Milan flight was delayed, I would be claiming through a UK court.

garlieston

Would appreciate any further advice from the pro's on here.
Emirates wouldn't play ball so had to go to aviation ADR

This is what i submitted through ADR

Booked to fly Manchester to Clark via Dubai on through ticket ,both flights with Emirates . Flight details depart Manchester flight no EK018 30th jan 2019 13:10 to arrive Dubai 31st jan 00:25 , connecting flight no EK338 Dubai to Clark departing Dubai 02:45 31 st jan arriving Clark 31st jan 18:25 (all times local times as per ticket) ,flight departed Manchester 15:31 , 2 hour 21 mins late ,arrived Dubai 1 hour 40 mins late causing us to miss our connection to Clark ,emirates actually cancelled our connection to Clark by email at 18:50 gmt whilst we were still on route to Dubai and rescheduled our flight to Clark 24 hours later so we did not arrive at Clark till 18:25 on feb 1st , I have complained to Emirates and asked for compensation due under eu rule EC261/2004 due to us arriving at our final destination over 4 hours late ,Emirates have denied our claim claiming the delay was due to severe weather conditions , there had been a closure of manchester airport due to weather on the morning of jan 30th ,the runway was back open about 11:30 am ,incoming flight no EK 017 which was to be our outbound flight EK 018 landed 11:35 15 mins behind schedule ,a small insignificant delay inherent in any flight operation, at the time of our scheduled depature 13:10 there was no severe weather conditions to prevent our flight departing in a timely manner ,i twice asked emirates for a full explanation of how severe weather impacted our flight but they refused to answer, under EC261 to claim weather as an EC it has to directly impact on a flight ,in this case it did not and any delay was down to operational decisions under emirates control and therefore not an EC so i feel we are fully entitled to compensation as set out by EC/261
Claim Outcome 600 euro x two people ,total claim 1200 euro

Today this is what Emirates submitted as their defence

I have sent to Kimberley the ops report, performance report, METAR, Media Coverage and passengers PNR. This is to illustrate that Manchester Airport was closed due to snow on the morning of 30th January. One runway opened at 11.am and our inbound flight EK017 from DXB to MAN landed at 11.43 hours.


The airport continued to be congested and remarks from our Flight handling report shows.

EK018 MAN-DXB was delayed by 1 hour 57 minutes due to reactionary (18) and issues associated with the weather. Snow and ice caused gridlock on roads and passengers reported late as well as ground handling difficulties.

Mr Aspinall does not seem to take into account that whilst the inbound flight managed to land after one runway was cleared the affect the snow had on handling procedures at Manchester caused difficulty for all ground services . caterers , cleaners etc etc

Therefore the cause of this flight delay was due to Extraordinary circumstances.

Emirates only operates one flight daily to Clark and there are no other operators who operate this route from DXB. Therefore we provided the passengers with hotel accommodation and rebooked the to travel on the same flight the following day.

Wishy washy or what ,no evidence to back any of it up.
Since when has a scheduled airline held a plane up for people arriving late at the airport, i drove down from scotland that morning no problem, totally irrelevent to ec261 anyway.
What ground handling difficulties ,we boarded the plane about 30-40 mins before scheduled departure time and there were already several hundred people on board ,no sign of any cleaners or catering supplies handling.Looking through the windows nothing looked abnormal outside ,planes coming and going as usual.
Airport congested, with all the cancellations and diverted flights ive never seen the airport so quiet ,from starting engines on pushback the plane never stopped moving ,straight on to runway ,none of the usual queues on the taxi way for a slot.

What i suspect was the real cause of the delay was the earlier dub/man flight had been diverted to birmingham and rather than bus all the passengers for the return to dub to birmingham they were ramming as many as possible on our flight causing mayhem at check in re issuing tickets and sorting their baggage.
This i class as totally within the control of Emirates and not classed as an EC for the purpose of eu261

Anybodys thoughts on this would be very welcome before i advance with ADR

Tyzap

Hi garlieston,

The main facts of your case are as you have stated and submitted to AviationADR, there is not much more to add of substance.

I presume you now have an opportunity to reply to Emirates defence so I would emphasise some of the facts you have mentioned above.

i.e Passengers from the diverted morning flight being transferred to your flight and the additional time that took. The time you were boarded and the quick, no delay taxi and departure etc

Suggest that Emirates have not supplied any evidence to support their claims about handling and ground procedures, also that road gridlock and passengers arriving late are not an EC. Aircraft should depart according to the schedule, not when late passengers arrive. Any delay for that reason would be an Emirates operational decision which is not an EC. Suggest that the airport appeared to be operating normally at your scheduled time of departure.

After that you will have to trust AviationADR to come to the correct decision.

Good luck.

garlieston

Thanks Tyzap ,any idea what this crap means
"I have sent to Kimberley the ops report, performance report, METAR, Media Coverage and passengers PNR. This is to illustrate that Manchester Airport was closed due to snow on the morning of 30th January. One runway opened at 11.am and our inbound flight EK017 from DXB to MAN landed at 11.43 hours. "