Emirates compensation Release/ Discharge Agreement 27 March 2018 at 10:08PM edited 27 March 2018 at 10:13PM in Flight delay compensation 15 replies 3K views

WL81

Hi All,
After a lengthy battle with Emirates to claim EUR600 compensation for a delayed arrival due to a missed connection, they have finally agreed to pay following the Supreme Court decision recently. As part of the settlement, they have asked me to sign a release and discharge agreement (I have reproduced it below).

I have two questions:
a) Is it normal to be asked to sign a release and discharge agreement as drafted below? Have others been asked to sign something similar by Emirates?

b) I am relatively relaxed about how they have drafted paragraphs 1, 2, and 4 below as they basically just want to settle the claim without having to formally admit guilt (which is fine for me as long as they pay). However the wording in paragraph 3 has me slightly concerned as to my reading (I am not a lawyer so I may have completely misinterpreted!) this implies that I may be liable to pay Emirates back for any costs associated with claims by another party? Specifically the wording "...and satisfy any judgment resulting from that claim along with costs associated therewith" causes me some concern. I am not 100% sure what para 3 is trying to say/ achieve?

Would welcome any thoughts from anyone on this! Thank you!


1. I, Mr XXXXX confirm that I accept the sum of Five Hundred and Twenty Nine pounds sterling (£529.00) in full and final settlement of all claims (whether arising in tort, contract or otherwise including, without limitation, claims for interest and legal costs) relating to Emirates file reference XXXXXXX

2. I confirm that receipt of the above sum settles in full accord and satisfaction the disputed claim and does not constitute any admission of liability by Emirates in respect of the disputed claim referred to in paragraph 1 above.

3. In the event that any claim should be made or instituted against Emirates by any other person or entity based on the facts set out in paragraph 1, I hereby agree to indemnify and hold harmless Emirates and / or any other third party in respect of any such claim and satisfy any judgment resulting from that claim along with costs associated therewith.

4. I understand and agree that this Release and Discharge Agreement is signed as part of the compromise and settlement of a disputed claim. No statement, whether oral or in writing, or action by Emirates or its agent or representative either previously or in connection with the said compromise and settlement, shall be deemed or construed to be an admission by any of them of the truth or falsity of any matter pertaining to any claim, demand or cause of action referred to herein.

Timothea

Emirates are just trying to cover themselves, but their lawyers have gone over the top. Payment of EU compensation is supposed to be automatic and you shouldn't have to sign an agreement to get what you are entitled to receive by law.

Emirates could simply send you a cheque with a covering note that says, "Please find attached a cheque for £XXX in full and final settlement of your claim [details of claim]." If you cash the cheque then you have clearly accepted the money as full and final settlement of your claim.

However, I can see no harm in agreeing to clauses 1 and 2. Clause 3 is a problem because, as drafted, it makes you liable to reimburse Emirates for any claims made by any other persons, e.g. other travellers on the same flight. This should be rejected, as you clearly have no control over such claims. Clause 4 should also be rejected as unnecessary.

I would tell Emirates that, if they want you to sign any agreement that you do not fully comprehend then you would need to take legal advice and reclaim the full costs of such advice and any subsequent representations from Emirates.

Justice13075

Tell them to go and stick their heads in front of a helicopter blade. You don't need to sign an agreement especially if you don't fully understand the Jargon. Tell them if they don't pay up in 14 days you will see them in court. They can ask for your bank details or send you a cheque

legal_magpie

The whole thing is unnecessary but equally harmless except for paragraph 3 which you must reject as you are in effect saying that if someone else sues them and a Court finds, say, that the reason for the delay was an EC, you agree to refund the money they've paid you.

JPears

I would send a copy back with just paragraph 1, paras 2-4 deleted, signed and dated. But don't use your normal signature as they may try to copy it onto a different document (yes it has been done by many such as banks, credit card companies etc) and also mark it as an NBA giving them 14 days to pay up. They cannot dictate terms to you.

Alan_Bowen

I am not sure para 3 is intended as others have suggested. My reading of it is that if you or a claims company seek to use the same facts in relation to your delay, after they have settled with you, then you would be liable for their costs. There have been a number of comments on this site where husband and wife have independently taken action against an airline and I think this is what this paragraph is trying to avoid!

Although the whole thing is over the top and no doubt drafted by their London lawyers at a cost of a £1000, they cannot bind you to liability for others who might take action in relation to their own delays

Yazjee

Thank you JPears and all for the advice. I will do the same and post on the relevant forum of my success on a connecting flight dispute which I could not have challenged if it was not for the good poeple on here.

Tyzap

Yazjee wrote: »

my success on a connecting flight dispute which I could not have challenged if it was not for the good poeple on here.

It sounds like good news after 2.5 years Yazjee. Have you received your compensation at last?

Hope you can now give us the full story.:)

Yazjee

Hi Tyzap and others - thanks seems like an understatement!

Recap of my case: So in 2015 we had a flight delay on a flight out of Newcastle to Dubai travelling on to South Asia. The delay from Newcastle meant we missed the connecting flight in Dubai and arrived at our final destination 18 hrs later then planned. When we tried to claim the full 600 Euro compensation Emirates wrote back to say, sorry this is two separate flights, one outside the EU so the same rules don't apply. We contacted the CAA, who as many have said here were unable to force the airline to pay up even though they agreed with us that Emirates were wrong in their interpretation.

I sought advice from the MSE forums all the way, from the letter templates to posts from people giving advice on the legislation, even the correct telephone numbers and postal addresses! I have to admit I was daunted by the prospect of challenging them in court and left everything as it was.

Some other brave souls did go to court and as the seasoned forum members will know eventually the Gahan case and other challenges which got as far as the Supreme Court mean that Emirates now have to pay up across the board.

I resubmitted my case in Novemeber 2017 after the High Court win but Emirates sought leave to appeal, thank you JPears for prompting me when they were refused. I resubmitted the case in April 2018 and a few weeks ago received a disclaimer to sign.

Once again, trusty MSE Forum members (I really don't know what I would do without your advice) were on hand with advice about the content of the disclaimer. I amended it as suggested by JPears post above and returned to the airline.

I'm not sure if they noticed that half their disclaimer was deleted but I got a bank transfer for the full amount 2100 sterling (we were a party of four) a short while ago.

I cannot thank forum experts enough - the internet can be used for good too! I can't remember how I
a)ever bought anything, b)ever found out info to complain/challenge anything, c)knew where to visit, etc,etc before the internet!

In the interim whilst waiting for Emirates to be forced into this decision, I used other MSE forums to challenge a parking ticket for myself and a family member and to defend myself in a court case brought by an estate agents. After they received our court bundle (75 pages vs their 6 pages) they didn't pay the court fee and the case was dismissed, for the second time! I like to think it was the fear of our comprehensive bundle that intimidated them, though I can't be sure - they wrote their fair share of intimidating letters to us.

Anyway, I am posting this so that anyone who has a flight delay issue can take heart that there is so much advice and support on here - just do it. MSE forums should be the first port of call for any issue. Keep up the good work, I hope in the future that I can give some advice to someone.

JPears

I think Emirates should be grateful you did take it to court and potentially face 2.5 years of interest.

Willawiz

I was interested to read the advice on the forum about Emirates Discharge Agreement. Emirates have agreed my claim, but won’t accept the Discharge Agreement with Clause 3 crossed out - as several of you have advised.

From reading this thread, It seems that they have actually paid out even tho clauses have been deleted. I suppose this sets a precedent.

But it doesn’t help me actually get my due compensation. (I arrived 24 hours late at my final destination and missed all the family New Years Eve celebrations)

Any thoughts as to my next step?