Emirates Wriggling

Flygirl26

We are in communication with Emirates over a delayed arrival in Bangkok and a second opinion ( or a few opinions) on our position would be very helpful.

The pertinent facts are as follows:

1. Flight was booked with Emirates from Birmingham to Bangkok via Dubai.
2. Luggage booked through from Birmingham to Bangkok.
3. Flight delayed leaving Birmingham due to technical problem.
4. Flight arrived Dubai, 2 hours 53 minutes late, which meant we missed our Emirates connecting flight to Bangkok and were placed on the next flight around 12 hours later.
5. Therefore arrived at our final destination some 14 hours late.

Emirates are currently suggesting that as they delivered us to Dubai less than 3 hours late, no compensation is due and further claim that as UAE and Thailand are outside the EU the connecting flight to Bangkok is not covered by 261/2004.

Initially we thought that Folkert vs Air France was a good parallel, but on closer reading, their delay at their first connecting airport was still in the EU, so our case is slightly different..

Views and/or test rulings that may be applicable would be gratefully received, as we think this might end up in the court..

Many thanks

Ich_2

They appear to be correct

Flygirl26

Thanks for that,
Is it your view then that the Final Destination ruling does not extend to cover on onward leg of a flight if that leg starts outside the EU? If that's the case then it appears to fly in the face of the intention of the legislation.
Do you have any ruling info (case numbers) so we can prepare our case before we sat in front of the Judge?
Forewarned is forearmed..

Vauban

I disagree with my friend Mr. Ich, and I think you have a case here Flygirl.

I would contend that Folkert still holds good. The judgement doesn't make any point out of the fact that the connecting airport was inside the EU, but rather concludes in para 47:

"that Article 7 of Regulation No 261/2004 must be interpreted as meaning that compensation is payable, on the basis of that article, to a passenger on directly connecting flights who has been delayed at departure for a period below the limits specified in Article 6 of that regulation, but has arrived at his final destination at least three hours later than the scheduled arrival time, given that the compensation in question is not conditional upon there having been a delay at departure and, thus, upon the conditions set out in Article 6 having been met."

In other words, if you arrive at your final destination late - regardless of when you leave - you are eligible for compensation. The definition of ‘final destination’ is "being the destination on the ticket presented at the check-in counter". Your ticket was Birmingham to Bangkok, presumably?

Flygirl26

Thanks for that,
Yes that's correct, ticket was booked on Emirates Website for Birmingham to Bangkok, via Dubai.
The Folkert extract is useful, thanks...
It is very annoying this, we had the same problem with Quatar a few years before when the flight went tech at Heathrow. They put us up in hotel overnight and transferred us on a direct Thai flight the next morning to reduce the delay, (it was still 12 hours). When we returned home we wrote a very simple letter thanking them for their efforts and advising them of the Ruling and we received a cheque in sterling equivalent of 1200 euro's (two passengers) within a few weeks. Emirates just want to shirk their responsibilities..