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Flight delay compensation, all other EU airlines

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  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    GIG please do your own research regarding Emirates and hosting the letter.
  • dj59
    dj59 Posts: 1 Newbie
    I was recently delayed on arrival by over 3 hours on a Aer Lingus flight from Dublin to New York. Aer Lingus have confirmed that the flight was delayed 232 minutes but state that the delay was due to ground handling operations at Dublin which were impaired by weather conditions, (they had to move the plane to a hanger to load the food containers). Whilst Aer Lingus were doing this all other planes at the airport were able to load their aircraft and none were delayed.
    Aer Lingus are saying that the delay was due to extraordinary circumstances. My question is are weather conditions which affect the ground handling operations i.e. loading the food containers classed as extraordinary circumstances?
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    dj59 wrote: »
    I was recently delayed on arrival by over 3 hours on a Aer Lingus flight from Dublin to New York. Aer Lingus have confirmed that the flight was delayed 232 minutes but state that the delay was due to ground handling operations at Dublin which were impaired by weather conditions, (they had to move the plane to a hanger to load the food containers). Whilst Aer Lingus were doing this all other planes at the airport were able to load their aircraft and none were delayed.
    Aer Lingus are saying that the delay was due to extraordinary circumstances. My question is are weather conditions which affect the ground handling operations i.e. loading the food containers classed as extraordinary circumstances?

    Yes they are.
  • GlG
    GlG Posts: 7 Forumite
    edited 29 May 2014 at 5:02PM
    If the delay to your arrival at your final destination was due to the first flight arriving late at Dubai from Birmingham which caused you to miss the connecting flight then you have a valid claim. See the Folkerts judgment in the FAQs.

    You could try searching this forum using the weirdly named 'search this forum' button to find out if there have been other claims involving Emirates.

    As to the time barred defence, this is currently awaiting a Court of Appeal reserved judgment. Check out mentions of Dason appeal in the FAQs.

    I have been searching this now for days I was relying on the Folkerts case but thier solicitors have come up with some other defence. I could not find a single case on Emirates please help as I need to file the defence to their LETTER which I am hosting below. Use the https before the link

    //docs.zoho.com/file/uoiwj2f88a8acff034decae9d6dbc91977189
  • GlG
    GlG Posts: 7 Forumite
    111KAB wrote: »
    GIG please do your own research regarding Emirates and hosting the letter.

    finally got it done, please advise now

    //docs.zoho.com/file/uoiwj2f88a8acff034decae9d6dbc91977189
  • GlG
    GlG Posts: 7 Forumite
    bump.......
  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    GlG wrote: »
    bump.......


    GIG - you cannot expect people to read through the whole document and comment at length just because you have posted a link. You should read through the various threads on this forum so as you understand the law and how it affects you. Following that research you can then raise any issues you are uncertain of (if not already covered) and people will assist however to ask people to analyse the entire hosted defence is, IMO, asking too much.
  • Once I tried with refund.me, I wanted to save some money on commission and they were taking only 15% commission that is far less than the other 'no win, no fee' companies.
  • David_e
    David_e Posts: 1,498 Forumite
    Part of the Furniture Combo Breaker
    NancyIE wrote: »
    Once I tried with refund.me, I wanted to save some money on commission and they were taking only 15% commission that is far less than the other 'no win, no fee' companies.

    You said you tried. Did they get your compensation?

    The commission is actually 15% + VAT (apparently at 19% - the German rate) so 17.8%. I don't know if all no win no fee firms quote excl VAT fees.

    It also says:

    1. This agreement shall be governed by German law ...
    2. Potsdam shall be the sole place of jurisdiction for all claims arising from the contractual relationship ...



    which may or may not be a good thing.




    Finally, they say "Please inform us if you request compensation for further damages, for example for missed appointments, hotel costs, etc.", so maybe they know something we don't?
  • GlG
    GlG Posts: 7 Forumite
    111KAB wrote: »
    GIG - you cannot expect people to read through the whole document and comment at length just because you have posted a link. You should read through the various threads on this forum so as you understand the law and how it affects you. Following that research you can then raise any issues you are uncertain of (if not already covered) and people will assist however to ask people to analyse the entire hosted defence is, IMO, asking too much.

    I did pointed out the points that I needed help if you would have read it. The whole letter was to the benefit of other members as there seems to be no Case that went to court against emirates to be won atleast on this forum.
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