Connecting flight query

Caz3121

JPears wrote: »

Again point 5 is pretty clear cut to me.

who would the claim be from if there were different airlines involved and the flight departing from the EU was on time with no delays?
- I can see people being sent round in circles with this...

Tyzap

JPears wrote: »

Again point 5 is pretty clear cut to me.

Thats because Miss Gahan would not have qualified for any compensation had the final destination not been used as the final delay point. It's pretty clear and logical, you're just mis reading it.

JPears

Anyway back to the OP's Q - Strawberry* - you can see how much reg 261/2004 is littered with problems. Tyzap and myself are having a healthy discussion, not an argument
Have you tried putting your details into an online checker such as Botts online? They will indicate if you have a potential claim or not.

Justice13075

I have been reading the conversation regarding Emirates and I will throw in my twopenniesworth. I think JPears is correct.

Artice 5 states "where a carrier provides a passenger with more than one flight to enable him to arrive at his destination, the flights, ARE TAKEN TOGETHER for the purpose of assessing whether there has been three hours or more delay."

If the court were saying you had to arrive in Dubai late which caused you to miss your connecting flight surely they would have said something like.

"where a carrier provides a passenger with more than one flight to enable him to arrive at his destination and THE FIRST FLIGHT FROM THE EU MUST ARRIVE LATE SO AS TO MAKE THE PASSENGER MISS HIS CONNECTION, for the purpose of assessing whether there has been three hours or more delay." Just my take on this.

JPears

That is my take, you explained it better :T

Justice13075

That's a compliment coming from you.

JPears

Pfft...:rotfl:

Tyzap

As the old saying goes.

You can lead a horse to water......

Perhaps one day you will see the light:)

Caz3121

Justice13075 wrote: »

Artice 5 states "where a carrier provides a passenger with more than one flight to enable him to arrive at his destination, the flights, ARE TAKEN TOGETHER for the purpose of assessing whether there has been three hours or more delay."

I think this is open to different interpretation..and does need clarified

If you picture the following scenario....
single ticket booked LGW-DXB-SYD-TMW WITH LGW-DXB AND DXB-SYD both operated by Emirates and both sectors run on time...so far so good
Connection in SYD-TMW (operated by Sunset - a Qantas subsidiary) has a technical problem and is delayed so final arrival is over 4 hours....
If we ask 10 people "Is there a claim?" there will be different views
but who would pay the €600?
Operating airline of the delayed flight is a small Australian domestic. Should they be paying €600 to any long haul connecting passengers when they have a delayed flight?
surely that is not the intent of the regulations

JPears

Ah but the arguement would be that the passeneger booked the flight with a certain airline, presumably Emirates?
If so the laibaility should possibly lie with the airline that booked the journey?
However I would suggest that your hypothetical journey maybe pushing the envelope on what could be booked as a single flight? Unless you have been on Emirates and looked at the porposed journey as a definitive proposal?
Regardless, as has been pointed out over many decades, in many aspects of life (and certainly in my profession), when it comes to terms and conditions, legal judgements etc, its not what the autheor/judge intended or intoned by the written statement, its whats actually down in black and white text that is the defining aspect.
I'm not playing devil's advocate or wishing to argue/get people's backs up here but regard this as a useful discussion.