UK-261 Claim Qatar Airways

nomeames

Hi All,

My UK261 claim recently was rejected by Qatar Airways for a flight from Heathrow to India where due to delays at Heathrow, I missed connecting flight at Doha but was accommodated on next flight (no other assistance provided) resulting in me reaching more than 8 hours late in final destination. QA has cited conditions outside their control for the delay in airport. Couple of questions:

1. The delay was caused mainly due to long  queues at check in desk (almost 2 hours) which according to my information is airlines responsibility even if they have outsourced this activity  to a third party?

2. More importantly, the airline is citing its conditions of carriage which states the departure times are not guaranteed, so the question of delay does not arise at all. This seems very absurd and brings into question, the applicability of UK-261 at all.

Although QA was not a named airline in this 2017 MSE blog, but it seems little has changed in the last 5 years. Brexit perhaps made it even worse.

eskbanker

Check-in processing is definitely within the airline's control, so if they're citing that then that is challengeable.  Are they being any more specific about 'airport delays' or are you just referring to check-in issues based on what you experienced, i.e. were there other delays too?

Likewise, they can't override your statutory rights with Ts & Cs, so they can't 'opt out' of UK261 and so your rights continue to apply regardless.

nomeames

They are not citing delays in check-in but that's what happened on the day. Check-in took longer because of lack of check-in desks open and also because off COVID travel restrictions to India in place at the time meaning extra checks were needed.

I have responded back saying where the delay happened. They have only cited conditions beyond their control and the T&C's. Reply below:

QA said:

"We apologize for all the inconveniences that you encountered. We can fully appreciate how unsettling these situations can be for any of our passengers. Although every effort is made to take off and to land on time, there are moments when flights are delayed or cancelled due to circumstances beyond our control. Unfortunately, that is what it happened in this case.

Whilst we seek your kind understanding that disruptions of this nature can be totally unforeseen and beyond our control, we would like to reassure you that every effort is made to ensure the prompt operation of all our flights and to minimize any potential disruption which may be caused to our valued customers' travel plans.

The airline industry and its operations are notoriously affected by multiple uncontrollable factors and for this reason timings are not guaranteed. Even though, we undertake to use our best efforts to carry you and your Baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel, no particular time is fixed for the commencement or completion of carriage. The times shown in timetables or elsewhere are approximate and not guaranteed, and do not form part of the Conditions of Contract. 

If we cancel or delay a flight, are unable to provide previously confirmed space, fail to stop at a Passenger stopover or destination point, or cause you to miss a connecting flight on which you hold a reservation, alternative arrangements as rerouting or rebooking are made to prevent or minimize any inconvenience. We can note that this was done, accomplishing Articles 10.1 and 10.2 of Qatar Airways Conditions of Carriage. 

Therefore, in light of the above exposed and although we understand that this is not the resolution you sought, kindly note that we will be unable to oblige your compensation request in this case, due to the extraordinary circumstances that led to the delay. Nonetheless, we can advise that if an independent travel insurance is held, this may be a possible avenue for restitution."

eskbanker

That just looks like boilerplate wording rather than a specific explanation of what actually happened on this flight, so I'd push them for meaningful detail about the exact reason(s) for the delay and the extent to which they can genuinely be categorised as extraordinary circumstances beyond the airline's control.

For example, if check-in processes were extended due to (known) Covid restrictions elsewhere then they should obviously have opened more desks and/or requested that passengers check in earlier than usual, so flight delays arising from this wouldn't be regarded as being "caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken", which is the test in the regulations.

nomeames

I had a reply back today, after I pointed out the delays during checking. They ignored that and reiterated adverse market conditions for aviation industry, T&C (no guaranteed timings) but this time also added delay due to Air Traffic Control at Heathrow. Clearly they are not willing to provide a reasonable explanation.

Just as a matter of principle, I will escalate to CAA even if it is for statistics only.

nomeames

Just an update, I got my UK261 claim approved by QA this week more than 5 months after I submitted my claim. I had to escalate via CAA for them to even consider my case. Good outcome at the end. Anyone in similar situation, please don't give up.

JPears

Well done.

It still frustrates me that airlines think they are above the law and essentially lie to passengers who have valid claims.

How many other people on your flight would have:

1. been aware of their rights?

2. Actually made a claim?

3. Persisted knowing they were probably correct.?

From 1 to 3 , ever decreasing numbers.

Scandalous and sad.