Emirates Missed connection at DUBAI

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  • Happychappy
    Happychappy Posts: 2,936 Forumite
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    GOD I am LIVID!!!, Emirates are refusing to payout compensation because they are hiding behind some loop hole about how their airport is outside the EU and my connecting flight was flying outside the EU, even thou it was the flight from BHX that caused the missed connection and me reaching my final destination a whole 17+ hours late.

    They had assured me they would hold the flight back when asked at BHX.

    Dear Mr XXXXXX

    I refer to your online feedback received yesterday, regarding compensation under EC261/2004.

    Passengers are now able to claim for compensation for delayed flights from the UK where the delay to the arrival in Dubai 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 EK038 from Birmingham to Dubai on 29 January 2015.

    Flight EK038 arrived on stand at Dubai 2 hours and 16 minutes later than scheduled which regrettably caused you to misconnect with your onward flight to Colombo. As this is less than three hours, EU compensation does not apply.

    For further clarification to avoid any doubt your departing flight from Dubai to Colombo, has no connection with the EU and does not involve an EU carrier and is therefore not governed by EU regulations.

    Thank you for contacting us and for allowing me to clarify our position.

    Yours sincerely

    Customer Affairs UK

    Hi, I have an identical claim with Emirates, only a few days later when the flight was delayed just under three hours which caused us to miss the connecting flight to Sydney, we were rerouted to Singapore and eventually arrived 8 hours late ? Emirates have not yet responded, other than to acknowledge receipt of my "feedback" and promising to respond in 30 days, 48 days has now passed, and again after sending a chase email, they will respond in another 30 days ?

    I have a further trip to Sydney to make in the next two months and shall stick to BA and put up with their second rate service in case I need to claim for further delays
  • sjb92
    sjb92 Posts: 60 Forumite
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    Vauban wrote: »
    Not really a test case - as it's only a District Judge level. So I didn't include it in my guide (but will if it gets appealed - as the article suggests it would be).

    Is there any way of knowing whether it is being appealed? Just wondering whether to pursue a non-EU airline for a knock on delay (of less than 3 hours) to a flight originating outside the EU which led to a misconnection (and a delay of over 3 hours) with the flight into the EU! To be honest even I can see that my case is probably not what they had in mind when writing 261.
  • Caz3121
    Caz3121 Posts: 15,545 Forumite
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    sjb92 wrote: »
    Is there any way of knowing whether it is being appealed? Just wondering whether to pursue a non-EU airline for a knock on delay (of less than 3 hours) to a flight originating outside the EU which led to a misconnection (and a delay of over 3 hours) with the flight into the EU! To be honest even I can see that my case is probably not what they had in mind when writing 261.

    EU261 has no relevance in this scenario so any appeal on the case referenced makes no difference
    If it is a non-EU airline then there is only cover if the flight is departing the EU.
    The case being discussed is whether, on a journey departing from the EU that has a change of flights outside the EU, whether a delay of less than 3 hours on the flight departing the EU which causes a delay of over 3 hours at the final destination qualifies for comp or not
  • Kalashnikov
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    Hi, I have an identical claim with Emirates, only a few days later when the flight was delayed just under three hours which caused us to miss the connecting flight to Sydney, we were rerouted to Singapore and eventually arrived 8 hours late ? Emirates have not yet responded, other than to acknowledge receipt of my "feedback" and promising to respond in 30 days, 48 days has now passed, and again after sending a chase email, they will respond in another 30 days ?

    I have a further trip to Sydney to make in the next two months and shall stick to BA and put up with their second rate service in case I need to claim for further delays


    PLEASE UPDATE THE THREAD on your progress. thanks
  • Mahmud
    Mahmud Posts: 28 Forumite
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    Hello

    Any upodates on this. I have a similar situation missed connetign flight to air traffic control. They have offered us 10000miles as a good will gesture we had lots of other problems with the service provded.

    Not sue what to do.

    Thanks
  • Caz3121
    Caz3121 Posts: 15,545 Forumite
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    Mahmud wrote: »
    I have a similar situation missed connetign flight to air traffic control. They have offered us 10000miles as a good will gesture we had lots of other problems with the service provded.

    Whether an EU airline or not, EU261 does not apply when the delay is due to ATC as this is not within the control of the airline
  • ANGELA_WILKINSON
    ANGELA_WILKINSON Posts: 1 Newbie
    edited 30 May 2016 at 9:19AM
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    Are there any answers to above, I note these were in 2015, I now have a case against Emirates with an 8hr delay at Dubai, meaning we got to Sydney 8hrs late. The flight was Birmingham to Sydney via Dubai
  • Caz3121
    Caz3121 Posts: 15,545 Forumite
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    Are there any answers to above, I note these were in 2015, I now have a case against Emirates with an 8hr delay at Dubai, meaning we got to Sydney 8hrs late. The flight was Birmingham to Sydney via Dubai

    examples on the non-EU airlines thread
    in simple terms Emirates will reject claim if delay into Dubai is less than 3 hours or the delay was on the flight departing Dubai. NWNF will not take these cases on and there are examples of court cases they have won on the other thread
  • Happychappy
    Happychappy Posts: 2,936 Forumite
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    edited 30 May 2016 at 11:22AM
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    Hi Angela

    I had a similar delay where Emirates delayed for just under three hours at Heathrow for a technical reason, which meant they missed our Emirates Dubai to Sydney connecting flight, so at Dubai they stuffed us onto a flight to Singapore with a further five hour delay in Singapore, eventually arriving in Sydney 8 hours late.

    Despite many letters and trying the "where there's blame there's a claim" solicitors Botts, they also gave up, basically citing, as Emirates are a foreign airline etc, etc they can do what they like once they are out of Europe, it matters not that the flight was booked and started within Europe and the ticket was one ticket from Heathrow to Sydney using only Emirates.

    So in future I will continue to do the long hauls with BA, three in the past year, purely as they are accountable and the foreigners are not, another vote to leave ; ) little drastic but you get the idea.
  • Kalashnikov
    Kalashnikov Posts: 70 Forumite
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    edited 13 October 2017 at 4:27PM
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    there has been significant update to this scenario and case.

    please see flow links or find my similar thread with more info on flyer talk.

    In light of recent court ruling B2/2017/0942 Darren Buckley Karen Buckley Jordan Buckley and Emirates.

    the Liverpool County Court ruled in the case of Buckley that passengers flying from the EU to a non-European destination via a non-European connecting hub were due compensation for a delay of more than three or four hours to their overall journey, even if delays on the European leg fell below the ordinary threshold required to attract compensation. Judge Baldwin said the wording of the regulations and subsequent interpretative case law clearly stated that delays were quantifiable based on a passenger’s time of arrival at their final destination, irrespective of whether that journey was broken into two separate legs.

    find the CAA new article cant post here
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