Emirates Birmingham to Adelaide via Dubai

kimcon

Can anyone advise me, I have read all the rules and thought I was correct but customer service at Emirates were quite rude to me and said I was wrong.
My husband boarded the Emirates flight in Birmingham which was delayed but not by 3 hours, he arrived in Dubai 11/2 hours late and missed his connecting flight to Adelaide, he then arrived in Adelaide 24 hours late. He had one ticket with both flights on not different tickets so as I read the advice he arrived in his final destination more than 3 hours late so should be entitled to compensation. Am I correct?
Thank you for any help.


Kind Regards
Kim

Voyager2002

Yes, you are correct. However, your mistake was to attempt to claim this over the telephone. Read this site carefully and claim by letter. Emirates may well claim "exceptional circumstances" and you will have to decide whether you are willing to take them to court.

kimcon

Hi
Thank you Voyager 2002. I did write to them, I used the letter template from the site and they replied to me via email so I responded to them via email, here is the reply I received today.


Dear ,

I note your further comments.

Please be assured that we are fully conversant with EC legislation.

I would like to clarify that under regulation EC261, the term delay refers to a single flight and not flights, or a series of flights .i.e. flight EK0140. Therefore, the final destination referred to means the destination of the flight concerned, as in this case flight EK040 which originates in Birmingham and terminates in Dubai. The Regulation does not extend to non EU carriers operating flights from a non EU member state to another non EU member state. Emirates are not an EU registered carrier and Emirates flights that operate from Dubai to Adelaide, are not governed by EU legislation.

Please be advised that the UK Judiciary have agreed with Emirates on all similar cases that have been brought before them in courts in England

Yours sincerely,

Paul Holland


Customer Affairs UK

Dear Paul

Thank you for getting back to me. I think you will find that as I arrived at my final destination more than 3 hours late I am entitled to the compensation as both flights were on the same ticket. Please see below:-


So can I claim if...


... I missed a connecting flight?


If the initial disruption causes you to arrive at your final destination over three hours late, then depending on what caused the disruption, you can claim compensation. What matters is when you arrive at the final destinationon your ticket. So if you book a London to Las Vegas flight via New York, where both legs are on the same ticket, what counts is when you get to Las Vegas.


But if you book your connecting flight separately from your original flight, meaning it's on another ticket, then you can only claim based on the delay to each individual flight. So using the same example, if you book London to New York separately from New York to Las Vegas, and the London to New York journey is delayed by less than three hours, causing you to miss the Las Vegas flight, then you can't claim compensation.

I look forward to your response.
Kind Regards

From: [EMAIL="customer.affairsUK@emirates.com"]customer.affairsUK@emirates.com[/EMAIL] [mailto:customer.affairsUK@emirates.com]
Sent: 07 February 2015 12:59
To:Subject: Our Ref. LON/X/PH/070215/7002983


Our Ref No: LON/X/PH/070215/7002983

07 February 2015



I refer to your letter which we received on 30 January 2015, regarding compensation under EC261/2004.


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.

A review of your case shows that you were travelling on flight EK040 from Birmingham to Dubai on 06 March 2013.
Flight EK040 arrived on stand in Dubai 1 hour and 15 minutes later than scheduled which regrettably caused you to misconnect with your onward flight to Adelaide. 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 Adelaide, has no connection with the EU and does not involve an EU carrier and is therefore not governed by EU regulations.



Thank you for contacting us and for allowing me to clarify our position.


Yours sincerely

Paul Holland


Customer Affairs UK

Grumpelstiltskin

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