Emirates Missed connection at DUBAI

Kalashnikov

GOD I am LIVID!!!, Emirates are refusing to payout compensation because they are hiding behind some loop hole about how their airport is outside the EU and my connecting flight was flying outside the EU, even thou it was the flight from BHX that caused the missed connection and me reaching my final destination a whole 17+ hours late.

They had assured me they would hold the flight back when asked at BHX.

Dear Mr XXXXXX

I refer to your online feedback received yesterday, 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 EK038 from Birmingham to Dubai on 29 January 2015.

Flight EK038 arrived on stand at Dubai 2 hours and 16 minutes later than scheduled which regrettably caused you to misconnect with your onward flight to Colombo. 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 Colombo, 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

Customer Affairs UK

Caz3121

welcome to the frustration of flight delays

you would be best to start here >> http://forums.moneysavingexpert.com/showthread.php?t=5173888 once you have read Vauban's guide, you will find similar stories on the non-EU airlines thread (I am sure there are a few Emirates tales there)
Vauban's guide will give you the process to follow to start court proceedings

Mark2spark

Search for Folkerts (sp) for the ruling about connecting flights being all one flight for compo purposes.

Kalashnikov

Thanks for you reply. I have read some Folkerts

pastie.org/10041494 - this is somewhat not in favor...

pastie.org/10041502 - this is in somewhat favor although emirates airline and its hub are outside the EU

above info from the international law office

any decent and sound legal advise is appreciated

Vauban

Kalashnikov wrote: »

Thanks for you reply. I have read some Folkerts

pastie.org/10041494 - this is somewhat not in favor...

pastie.org/10041502 - this is in somewhat favor although emirates airline and its hub are outside the EU

any decent and sound legal advise is appreciated

No one will give you legal advise here, I'm afraid. And anyone who would would not be worth listening to!

Kalashnikov

any advice then

You seem hot on this topic, i read your guide. no mention of the words

Missed or connection in your PDF.

Vauban

Kalashnikov wrote: »

any advice then

You seem hot on this topic, i read your guide. no mention of the words

Missed or connection in your PDF.

The Folkerts reference is there. But, if you search this forum you'll see there is no consensus on this issue. I'm not aware of a precedent setting or even County Court case where this has been definitively tested. Perhaps you can be the test case?

Kalashnikov

heres your first test case VAUBAN, maybe you can add some of this to your guide!!!


add h t t p s : / / w w w . below
dlapiper.com/~/media/Files/Insights/Publications/2013/12/The%20ambit%20of%20EC%20regulation%202612004%20%20Missed%20fligh__/Files/AviationmissedflightconnectionsoutsideEU/FileAttachment/AviationmissedflightconnectionsoutsideEU.pdf

Vauban

Kalashnikov wrote: »

heres your first test case VAUBAN, maybe you can add some of this to your guide!!!


add h t t p s : / / w w w . below
dlapiper.com/~/media/Files/Insights/Publications/2013/12/The%20ambit%20of%20EC%20regulation%202612004%20%20Missed%20fligh__/Files/AviationmissedflightconnectionsoutsideEU/FileAttachment/AviationmissedflightconnectionsoutsideEU.pdf

Not really a test case - as it's only a District Judge level. So I didn't include it in my guide (but will if it gets appealed - as the article suggests it would be).

We had a discussion about this article last summer, which you might be interested in - see:

http://forums.moneysavingexpert.com/showpost.php?p=66337204&postcount=327

Kalashnikov

thanks vauban

Mark2spark

Good luck with the chase Kalashnikov anyway, you certainly have to keep on at them.