Flight delay compensation, all other non-EU airlines

Centipede100 · 13 February 2013 at 6:33PM

MSE Official Insert:

This discussion thread is linked to from our Flight Delays Compensation guide. Please read that for full help.

Taz9 · 24 February 2013 at 1:24PM

I did post a thread in the 'general' board, and got a couple of replies. I have had some more feedback fromthe airline and hence I am re-posting it here with additional infor. Hope someone will be kind enough to help...
Our family of five was delayed by over five and a half hours flying from Manchester to Dubai in 2011, we missed our connecting Emirates flight from Dubai to Mumbai and were put on the next flight. However, after reading this forum when we wrote to Emirates to claim for the delayed flight, this is the reply they sent:
"
Passengers are now able to claim for compensation for delayed flights from the UK where the delay to their arrival is more than three hours and if the delay was not due to extraordinary circumstances which were beyond an airline’s control.

A review of your case shows that you were travelling on flight EK022 from Manchester to Dubai on 29th May 2011.

The incoming aircraft operating flight EK developed a technical fault with the hydraulic system and for safety reasons it was necessary for us to rectify this fault before departure.

These circumstances were completely unforeseen and totally beyond our control. They could not have been avoided and all reasonable measures were taken. They are considered to be extraordinary and therefore EU compensation does not apply on this occasion.

I trust this clarifies Emirates position. "

Is there stand justified?
Is it legally true wjhat they are aying?
Where do I stand in this matter now?

Any help will be very much appreciated,
Thanks,

I was advised to write back to Emirates stating about the case (Case C-22/11 Finnair Oyj v Timy Lassooy), and secondly the regulations require the airline to use an alternative plane if yours is broken (Case Xa ZR 15/10 ).

They wrote back stating this:
Thank you for your e-mail.
Whilst I regret that you are unhappy with our response, I would like to assure you that your file has been fully investigated and reviewed.
I am sorry that you remain disappointed with our final position and if we have been unable to bring this matter to a totally amicable conclusion on this occasion.
Yours sincerely,

Customer Affairs Manager UK & Ireland.

What options do I have now? I have been asked to 'sue'. I also see in the forums - advice to write to CAA.

Shall I just write to CAA and wait for their decision (6 monts), or do I need to claim/sue Emirates some other way (wouldnt this require me hiring a solicitor?)

Thanks and any help whatsoever will be very much appreciated.

PS: A point also to note... we were on a 0940 flight, which is claimed to be delayed due to incoming flight issues. The 1240 flight got going on its right time without any delay and our flight didnt leave till 1450hrs.

richardw · 24 February 2013 at 2:51PM

Perhaps start the legal process.

Taz9 · 24 February 2013 at 3:04PM

richardw wrote: »

Perhaps start the legal process.

How to do this exactly? Appoint a lawyer? Start with writing to CAA? or BOTH?
Wouldnt going through the lawyer route cost a lot?

111KAB · 24 February 2013 at 3:39PM

Taz9 wrote: »

How to do this exactly? Appoint a lawyer? Start with writing to CAA? or BOTH?
Wouldnt going through the lawyer route cost a lot?

If you feel confident to undertake yourself there are plenty of links in FAQ to assist - if not go to a no win/no fee firm and recover around 70% of the debt. You can write to the CAA - no harm done if you do and their response may assist your thoughts on which route to go down.

DWayneLove · 23 March 2013 at 9:20AM

Having previously posted the details of our claim in the main, now huge forum, this now seems like the appropriate place for an update.
We had a 20 hour delay from Manchester to Abu Dhabi with Etihad in October 2010. When we made our claim under EU261 in November 2012, Etihad cited their 2 year time limit T&Cs several times. Naturally we pointed out their error under law, but to no avail.
We then referred our complaint to the CAA, who in turn pointed out to Etihad that they are in fact subject to the 6 year time limit applicable to UK delayed departures. Etihad have now emailed me, appearing to concede this point, but now requesting proof that we were indeed on the delayed flight. This proof has been supplied, so we are now awaiting their next excuse!
If anyone else has had any dealings with Etihad, we would be very interested to hear of their progress.
Thanks as always to the regular contributors to these forums - their help is invaluable.

Ich_2 · 30 March 2013 at 12:25AM

Moving up to page1

Billy_Bonkers · 9 April 2013 at 11:37AM

Although this question is about an Etihad flight, the answer will, me thinks, apply to all airlines.

Ticket was Manchester - Bangkok with an Abu Dhabi (AUH) connection.

Flight departing MAN was delayed 3hrs 50 mins arriving AUH 3hrs 10mins late. There was originally a 3.5 hr connection time. We were just able to make the connecting flight (which was being held if necessary as there were quite a few of us for it) which then arrived in BKK bang on scheduled time.

Is compo payable for the delayed sector?

keith160377 · 9 April 2013 at 5:17PM

Hi there, I was wondering if perhaps I would have any grounds for compensation from Continental Airlines. Here is what happened (Really sorry it is a long story):-

I traveled from Manchester to Mexico on 12th July 2008 but had to change in Newark and Dallas in order to get there. The plane would arrive at 14:15 in the afternoon and my connecting flight to Dallas would be at 16:35. I arrived at 14:10, but the queue for Immigration was huge. I was told that a representative would come and assist me in order to get through Immigration and get my connecting flight, but no body came. It was 15:45 by the time I got through Immigration and was looking for my connecting flight.

I went to the travel desk and told the representative that I was looking for the connection and was told:

'Sorry, you can't get on that flight now, you needed to be earlier to check in.' Even though I had 3 boarding passes, which I assumed that I was already checked in.

I was told that there was not a flight until the next morning (05:30am) and that she would re-book the tickets. I said to her,

'What am I supposed to do? I've got nowhere to stay.'

She was able to get me some Holiday Inn vouchers so that i could get something to eat and to stay the night, which was fine.

The next morning (02:45am), I turned up to check into my flight for Dallas, to be told "Your reservation was changed, but the person did not reserve your seats," "Unfortunately there is no space on the plane and you will have to wait until 19:00 to get the next flight."

I think you can imagine how I felt. The guy finally managed to get me onto the flight, but was a very stressful time.

At this time, I was wondering if anyone here, thinks that I may be entitled to compensation due to the disruption and if so, can you please tell me how I would go about it?

Apologies for the long story, but would like to thank in advance if anyone can help me with this.

Regards

Keith

Caz3121 · 9 April 2013 at 5:25PM

keith160377 wrote: »

The plane would arrive at 14:15 in the afternoon and my connecting flight to Dallas would be at 16:35. I arrived at 14:10, but the queue for Immigration was huge.

At this time, I was wondering if anyone here, thinks that I may be entitled to compensation due to the disruption and if so, can you please tell me how I would go about it?

Given that your flight arrived on time/early and the immigration queue is something completely out of the airlines control then EU261 does not apply

You could try writing a complaint re the issue with the rebooking that ended up with a subsequent delay and you may get some frequent flyer miles as an apology

If you held a confirmed booking on the 05:30 flight and were denied boarding you may be due some compensation (not related to EU261 which will not apply) there may be some information on the airlines website with regards 'denied boarding'

added: this is from the United site http://www.united.com/web/format/pdf/travel/destination/international/ua_eu_denied_policy_rev.20120303.pdf
RIGHT TO COMPENSATION. If you are involuntarily denied boarding or your flight is cancelled, you are entitled to receive €600 in compensation from
us.

....this is based on you having held a confirmed booking for the flight

Mark2spark · 10 April 2013 at 12:07AM

I agree with Caz and Centipede, pain in the backside though it certainly was.

Flight delay compensation, all other non-EU airlines

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free