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Emirates not paying for connecting flights

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Has anyone tried to claim compensation from Emirates and succeeded where a connecting flight in Dubai has been missed? Our first flight left the UK two hours late, we missed our connection and arrived in Sri lanka 18 hours late. The CAA says we have a right to compensation in their view. Emirates says that connecting flights leaving from a non-EU country are not covered. The CAA says they are misinterpreting the rules. We just filed our claim with the small claims court. We got a letter from their solicitor almost immediately inviting us to withdraw from the claim, stating that they have won some similar cases and also threatening that Emirates will pursue us for their legal costs if we lose. Wondering if anyone has successfully taken them on? They obviously only provided us with references for cases they have won in the past!!
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Comments

  • Caz3121
    Caz3121 Posts: 15,833 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    best to start here https://forums.moneysavingexpert.com/discussion/5173888
    You will find Emirates cases on the non-EU airlines thread here https://forums.moneysavingexpert.com/discussion/4445423 where you will be able to see other peoples experiences with similar situations
  • juni
    juni Posts: 21 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Hi Ruth
    We are experiencing the same with Emirates.

    Can you contact me and we can compare notes.
  • juni
    juni Posts: 21 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Same Ruth please send me a private messege
  • Yazjee
    Yazjee Posts: 9 Forumite
    Hello RuthFrench and Juni - I am totally new to posting and stuff but have been on this site for weeks looking for advice re flight delay compensation. My case is just like Ruthfrench with Emirates. I have now contacted CAA, I expect they will agree with me just as they did with Ruth and am really daunted by prospect of taking legal action
  • juni
    juni Posts: 21 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Hi yazee
    Ruth where are you ?

    We also experienced the same advice and comments from CAA and Emirates we are in the process of talking it to our local county court and are awaiting a hearing date.
    We will be representing our selfs and although it is daunting we are going to do it.

    To discuss further please send a private message

    We are going to fight this and not be bullied
  • juni
    juni Posts: 21 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Yazjee wrote: »
    Hello RuthFrench and Juni - I am totally new to posting and stuff but have been on this site for weeks looking for advice re flight delay compensation. My case is just like Ruthfrench with Emirates. I have now contacted CAA, I expect they will agree with me just as they did with Ruth and am really daunted by prospect of taking legal action

    Don't have any confidence in the CAA they can only advise not enforce they will tell you Emirates are incorrectly interpretation the law so you will have to take it to the small claim court

    Please send private messege
  • Yazjee
    Yazjee Posts: 9 Forumite
    Hi Juni I have just received the following from CAA..

    It appears to us that due to the disruption of your flight departing from the UK, you missed a subsequent connecting flight. This meant that you arrived at your final destination, with a delay of 18 hours. The CAA’s view, which has been provided to Emirates, is that the delay is taken from arrival at your final destination. Therefore the airline should pay compensation in full.

    However, Emirates takes the view that the delay occurred on a flight that originated in Newcastle and terminated in Dubai and only this flight falls under EC261/2004. They have further commented that flights from Dubai to Islamabad on a non EC carrier are not governed by EU legislation.

    We are not an ombudsman scheme and therefore are unable to impose our view of this matter on Emirates. In light of this, I am sorry to inform you that we are not in a position to take your claim for compensation any further.

    I understand that this may be disappointing for you. You should be aware that you do still have the option of going to court, which is entirely for you to decide whether you wish to pursue or not.

    Thanks for getting in touch, as I said I am daunted by the prospect of taking it to court - what are the chances of success?
  • Tyzap
    Tyzap Posts: 2,112 Forumite
    Sixth Anniversary Combo Breaker
    Yazjee wrote: »

    Thanks for getting in touch, as I said I am daunted by the prospect of taking it to court - what are the chances of success?
    [/FONT]

    Hi Yazjee,

    Emirates have won just about every court case brought against them where there has been a missed connecting flight from Dubai.

    They will fight you 'tooth and nail' if you issue proceedings against them.

    LIP's don't really stand a chance, so my advice to you, and anyone else in the same situation, would be to keep a 'watching brief' on the situation and wait for now. You have 6 years.

    I believe it will take a flight delay solicitor, such as Bott & Co, to run a test case before this gets sorted out.

    However, if your flight from the UK arrives at Dubai over 3 hours late they should honour your claim.

    The CAA do not agree with Emirates about connecting flights being classed as a separate flight, but as they point out, they are unable to do anything about it. The legislation is pretty clear that it is the delay time at your final destination that counts so this is an anomaly that needs sorting out....... one day.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • JPears
    JPears Posts: 5,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Juni - perhaps you should get help from Bott, if possible. Or at least seek some help from the veterans on this forum, in terms of your staements and court bundle (and emirates defence)
    Emirates can't really use their other "won" cases as evidence unless they are from a higher court, since they don't precedent. However if they do use them to sway judge, you will need full copies, provided by emirates.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • JPears
    JPears Posts: 5,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    ruthfrench, it is highly unlikely emirates could sue you for costs, unless they have a ruling from a higher court. Unless your claim is vexatious and/or in the eyes of the law (not emirates) has little chance of winning.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
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