Compensation for Emirates Delays after Flooding in Dubai

Options
I was flying Stansted to Brisbane via Dubai on Emirates. My outborund flight was delayed by 4hrs, and hence I missed the (delayed) connecting flight in Dubai by 30 mins. I was rebooked on to an alternate flight the following morning, which was cancelled after numerous 2 hr delays. My final arrival in Brisbane was over 34hrs later than my original schedule. Emirates cited technical issues for the delay after catastrophic flooding in Dubai. So my question relates to compensation under The Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2019. 
Whilst Emirates will likely claim force majeure due to exceptional circumstances, they knew about these exceptional circumstances and could have cancelled all incoming flights to Dubai before my departure from London Stansted, the day after the flooding occurred. Instead, they made a commercial decision not to cancel incoming flights, despite the knowledge that they would not be able to deal with the 3000+ passengers and baggage caught up in Dubai as a result. Even before my departure flight from Stansted, passengers had already been stuck in Dubai for one or two nights with no news on when they would get a connecting flight out, and Emirates were understandably unable to provide alternative accomodation for the vast majority of these passengers.
They could have avoided much of the disruption by cancelling all inbound flights until they had cleared passengers and baggage from those passengers stuck in Dubai airport in the immediate aftermath of the flood.
So, if Emirates deny my claim, will it be worth taking follow-up action through the CAA,and legal action through the courts if the CAA are also unsuccessful? Anyone on here with legal expertise that can offer their thoughts? Much apprciated, TIA.

Comments

  • mdann52
    mdann52 Posts: 84 Forumite
    Name Dropper First Post First Anniversary
    Options
    The problem is that your connecting flight was still operating at the time of you leaving Stansted, so in my mind it was reasonable to keep you going.

    I don't think this is eligible for UK261 compensation, are are on the hook for Duty of Care expenses still however.

    On the alternative, you could have asked Emirates to reroute you on another airline avoiding Dubai prior to leaving the UK. I think, unfortunately, this will just have to be chalked up to experience and you can just claim expenses.
  • Ayr_Rage
    Ayr_Rage Posts: 1,103 Forumite
    First Post First Anniversary Photogenic Name Dropper
    Options
    Airlines don't just cancel all flights, they need their aircraft and staff in the right place for the next rotation.

    As the situation in Dubai was an almost once in a lifetime weather event don't hold your expectations too high.
  • Voyager2002
    Voyager2002 Posts: 15,334 Forumite
    Name Dropper First Post First Anniversary Combo Breaker
    Options
    Since your flight out of Stansted was the day after the flooding, they might struggle to prove that it was due to "exceptional circumstances". So a claim for delay compensation on that basis just might succeed.

    Your extended delay was very clearly because of the flooding, and so compensation is unlikely to be available. However, if you ask nicely Emirates might give you a few Skywards points as a token of good-will.
  • eskbanker
    eskbanker Posts: 31,451 Forumite
    First Anniversary Name Dropper Photogenic First Post
    Options
    I was flying Stansted to Brisbane via Dubai on Emirates. My outborund flight was delayed by 4hrs, and hence I missed the (delayed) connecting flight in Dubai by 30 mins. I was rebooked on to an alternate flight the following morning, which was cancelled after numerous 2 hr delays. My final arrival in Brisbane was over 34hrs later than my original schedule. Emirates cited technical issues for the delay after catastrophic flooding in Dubai.
    An odd rationale, I'd have thought it would either be technical issues (usually the airline's responsibility) or weather (not their liability) - was there any more specific wording than that?
Meet your Ambassadors

Categories

  • All Categories
  • 343.6K Banking & Borrowing
  • 250.2K Reduce Debt & Boost Income
  • 449.9K Spending & Discounts
  • 235.8K Work, Benefits & Business
  • 608.8K Mortgages, Homes & Bills
  • 173.3K Life & Family
  • 248.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards