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Compensation for delayed flights Discussion Area

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  • I had a flight from Birmingham Airport to Mumbai flying Emirates on Business Class. I had to change at Dubai to get to Mumbai. It was bought under 1 ticket. My First Leg of the trip was delayed by 90 minutes causing me to miss my flight to Mumbai, the next one was 5 hours or so later. So I got on that one and that was also late departing and arriving, I got into Mumbai about 9 hours late, causing me to miss my business meetings.
    I sent Emirates a claim and there response was:


    Dear Mr Dhillon,


    I refer to your letter dated 18th June regarding compensation for delayed flight EK038 from Birmingham to Dubai on 17th October 2010.


    Passengers are now able to claim for compensation for delayed flights from the UK where the delay to the arrival in Dubai is more than three hours and if the delay was not due to extraordinary circumstances which were beyond an airline's control.


    Flight EK038 was delayed and arrived in Dubai 90 minutes later than scheduled unfortunately causing you to misconnect with your onward connecting flight to Mumbai.


    As this is less than three hours, EU compensation does not apply.


    For further clarification to avoid any doubt, your departing flight from Dubai to Mumbai, has no connection with the EU and does not involve an EU carrier and is therefore not governed by EU regulations.


    I trust this clarifies Emirates position.


    Yours sincerely,


    xxxxxx


    Customer Affairs Manager UK & Ireland.




    Have I got any recourse...any. help will be gratefully accepted.
  • Caz3121
    Caz3121 Posts: 15,840 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    you will find similar examples on the non-EU airlines thread including links to court cases that Emirates have defended (and won) I don't believe a NWNF will take this case on so you would need to take it to court yourself and hope the judge finds in your favour
  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    Caz3121 wrote: »
    you will find similar examples on the non-EU airlines thread including links to court cases that Emirates have defended (and won) I don't believe a NWNF will take this case on so you would need to take it to court yourself and hope the judge finds in your favour


    Caz - unsure if you are aware of this flight delay appeal so post a link for you (and possibly others) to follow ...


    https://www.flightdelays.co.uk/blog/2016/2468/missed-connections-court-of-appeal
  • Justice13075
    Justice13075 Posts: 2,008 Forumite
    Part of the Furniture 1,000 Posts
    Great News
  • I recently experienced a flight cancellation on Easyjet. We were re-routed, but arrived at our destination 23 hours later than scheduled. Easyjet offered no explanation for the cancellation, but amongst passengers the rumoured cause was air traffic controller strikes from 2 days previously. We lost a day of our 7 day holiday (not a package tour), and the money we'd paid up front for the lost day's accommodation. I understand strike action means no compensation.

    Q: Is there anywhere I verify the true cause of the cancellation ?

    Q: If it was related to ATC strike action - is a cancellation 2 days after the strike still a bar to compensation ?

    Any helpful answers gratefully received
  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    ADC_422 - please post on EJ thread in the future however short answers are - read Vauban's Guide and you are entitled to 261/2004 compensation.
  • legal_magpie
    legal_magpie Posts: 1,194 Forumite
    Part of the Furniture 1,000 Posts
    111KAB wrote: »
    Caz - unsure if you are aware of this flight delay appeal so post a link for you (and possibly others) to follow ...


    https://www.flightdelays.co.uk/blog/2016/2468/missed-connections-court-of-appeal

    Really helpful thanks.
  • We booked our flights with British Airways but were flying with American Airways. Our Return flight from Chicago O'Hare to London Heathrow was delayed by 15 hours. As this American Airways flight was from a non EU country to an EU country can we claim compensation using the EU ruling?
  • Caz3121
    Caz3121 Posts: 15,840 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    micgorswi wrote: »
    We booked our flights with British Airways but were flying with American Airways. Our Return flight from Chicago O'Hare to London Heathrow was delayed by 15 hours. As this American Airways flight was from a non EU country to an EU country can we claim compensation using the EU ruling?

    no, EU261 would only apply on the outbound flight. not the return
  • StewF
    StewF Posts: 4 Newbie
    Fourth Anniversary Combo Breaker First Post
    21.15 Glasgow to Cork flight cancelled, reason given bird strike to plane earlier in day.
    Airline gave overnight in hotel, replacement flight to dublin and coach transfer next day, all at no cost to myself.
    Arrived in Cork 17.20 following day. Approx 18 hours late than scheduled.

    Would I have a claim ?

    Thank you for any help or advice.
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