Compensation for delayed flights Discussion Area

Daletsunami

Daletsunami wrote: »

Not sure if i am able to claim as the delay was outside the EU (well kinda)............

I flew to New Zealand from Manchester in December and booked with Quantas. The trip was broken into a few flights and the first part was Manchester to Dubai before getting another flight from Dubai to Sydney then Sydney to Auckland.

We turned up at Dubai and weren't really told anything however the flight was delayed for 6 hours. Once we then got on our flight a passenger next to us informed us that he was on the flight originally travelling from London, and this was our connecting flight before going onto Sydney, and that the plane travelled to Germany before turning back to London to remove an aggressive passenger.

I don't feel it really was the airlines fault however i don't know what the rulings of this are? And i'm also not sure if this counts as leaving from an EU airport?

Any help on whether I am able to make a claim or not?

Any help with this one or should i just send in a claim anyway and see what the answer is?

JPears

Daletsunami wrote: »

Any help with this one or should i just send in a claim anyway and see what the answer is?

Dalet, I doubt you are covered, since your delayed flight started in Dubai, not an EU country. And removing an agressive passenger is possibly one of the EC events as it could be considered a safety issue.

BetterLate

Thank you all for your interest. Unfortunately this information is not from Monarch it is from the CAA. Look up EC Regulation 261/2004 where this exclusion is mentioned. The following is the rest of the e.mail sent by the CAA - sorry, I should have included it with my previous post:


Although the UK and Spain reached an agreement that would suggest that the Regulation was applicable from Gibraltar airport, the parties have agreed that the agreement will not be fully implemented until a new airport terminal is built with direct access to Spain.
Whilst it would appear that the terminal has now been finished, I would like to clarify that the above suspension clauses remain valid. Therefore, the Regulation does not apply on flights departing from Gibraltar. And this is regardless of the airline that operates the flight.


So, as I said, Malaga for me in future.

JPears

I'm sure this can't be correct. If its ana EU airline, it doesn't matter where its departure point is. And the CAA have said this? Ha ha don't get us started on that pointless quango.
If you flew into Gibraltar, then possibly the specific terms of the regulation apply?
Even then I am dubious as to the CAA interpretation.
Try a NWNF company?

BetterLate

Thank you JPears. Unfortunately this information was supplied via a NWNF company. They have stated they find it puzzling too but have accepted it as fact. Obviously the person/persons dealing with my claim hadn't come across it before or they wouldn't have taken it to the National Enforcement Board but would have rejected it at the outset so I have to accept the decision.

Vauban

I raised this point with Bott and Co today (the law firm who won the Huzar and Dawson cases). Here is the exchange:

@bottandco!Monarch Airlines reported as saying that flights using Gibraltar are excluded from Reg 261/04. Is this right?!#flightcomp- 12 Nov

@Vauban4!Interesting one. EU261 covers any flight arriving in the EU on an EU airline or departing from EU on any airline.#flightcomp

I really wouldn't take any notice of legal opinions from the CAA. They were the shower, you might remember, who put out a press release claiming that the Huzar judgement only related to new flights and had no retrospective impact - which they then had to hurriedly withdraw and apologise for.

Gibraltar doesn't count as an EU airport for the purposes of the Regulation. But it doesn't need to for flights leaving it to be subject to 261/04.

Vauban

BetterLate wrote: »

Thank you JPears. Unfortunately this information was supplied via a NWNF company. They have stated they find it puzzling too but have accepted it as fact. Obviously the person/persons dealing with my claim hadn't come across it before or they wouldn't have taken it to the National Enforcement Board but would have rejected it at the outset so I have to accept the decision.

Which NWNF company?

JPears

Betterlate, you may have detected a degree of justified disdain for anything the CAA says. Remember they are ENTIRELY funded by the airlines.....

BetterLate

Vauban - The NWNF Company is Claim4Flights. They accepted the information as fact so I accepted that they would know best and it was time to back off. They deal with claims full-time and obviously they want to a earn a fee so would want to go forward if I had a valid case - don't you agree?

Vauban

BetterLate wrote: »

Vauban - The NWNF Company is Claim4Flights. They accepted the information as fact so I accepted that they would know best and it was time to back off. They deal with claims full-time and obviously they want to a earn a fee so would want to go forward if I had a valid case - don't you agree?

I would drop Bott a line - for the sake of an email, you may get rather more joy.

Not all NWNF companies are the same.