Flight delay compensation, all other non-EU airlines

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Comments

  • Vauban
    Vauban Posts: 4,736 Forumite
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    I know of plenty - many of them are in this thread. Folkerts does indeed trump Sanghvi, and I'm not aware that the airlines have successfully argued it doesn't. What is argued by the non-EU carriers, as I understand it, is that where there is no delay within the EU portion of the trip (ie London to Dubai) than a delay outside of the EU (ie Dubai to Tokyo) does not create a right to compensation, even if you have a through ticket with the airline (ie London to Tokyo).
  • Vauban wrote: »
    I know of plenty - many of them are in this thread. Folkerts does indeed trump Sanghvi, and I'm not aware that the airlines have successfully argued it doesn't. What is argued by the non-EU carriers, as I understand it, is that where there is no delay within the EU portion of the trip (ie London to Dubai) than a delay outside of the EU (ie Dubai to Tokyo) does not create a right to compensation, even if you have a through ticket with the airline (ie London to Tokyo).

    I know that Folkerts should trump Sanghvi, but technically the European Court of Justice is not recognised as being an integral part of the English legal system therefore it is not recognised by the English Courts as a “superior Court of record”.
    The Court of Appeal case (Dar Al Arkan-v-Bader) held that under the doctrine of “stare decisis et non quieta movere”, all English Courts below the level of the Court of Appeal, must follow a prior binding English legal precedent even if the English precedent is “per incuriam” to a later decision of the European Court of Justice.
    (with thanks to the blog from flightdelays.co.uk from which I have extracted this).
    How did people win their case against these precedents?
    I don't mind if people message me privately, or post it publicly.
  • Juni: can I ask which county court you went through? We've been fobbed off by Emirates and are considering whether to file something, either with CAA or in the county court.

    If it's of any interest/help to anyone else, there seems to have been another recent decision - Rashid v Qatar Airways, where compensation was awarded by Hammersmith County Court for a delay on a London-Doha-Dhaka route.
  • joho
    joho Posts: 4,607 Forumite
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    Wow! Total state of shock. Small Planet Air appear to be willing to pay the compensation I claimed for a flight that was delayed in September 2012. I've only been trying for 2 years!

    I have an email from them agreeing the E400 pp and asking for bank details. However, I don't know how happy I am in sending bank details. Would I be better off asking for a cheque?

    Can anyone help me verify the email as genuine? Anyone had any success with them?

    Thanks
    Jo
    If you have nothing constructive to say just move along.
  • JPears
    JPears Posts: 5,086 Forumite
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    bumped house keeping
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • Al1x
    Al1x Posts: 1,653 Forumite
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    I've just been given this information:

    [FONT=&quot]As your connecting flight was outside of the EU with a non EU air carrier the connecting flight is not covered by the EU 261/2004 regulation

    [/FONT]
    I thought that if the flight is booked as starting point to the final destination then it didn't matter where in the world the connecting flight was. We flew with Delta.
  • fifeken
    fifeken Posts: 2,701 Forumite
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    Al1x wrote: »
    I've just been given this information:

    [FONT=&quot]As your connecting flight was outside of the EU with a non EU air carrier the connecting flight is not covered by the EU 261/2004 regulation

    [/FONT]
    I thought that if the flight is booked as starting point to the final destination then it didn't matter where in the world the connecting flight was. We flew with Delta.


    Who gave you the information?

    If it was Delta, then that's what they want you to believe as it might save them a payout.
  • kirtsypoos
    kirtsypoos Posts: 3,824 Forumite
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    Hi all,

    I've been wondering whether I could claim for a delayed flight/arrival since it happened but I'm not sure whether Emirates are misleading me.

    We booked a full ininerary via emirates, although some of our flights were qantas due to codeshare:

    Birmingham to Dubai (No delay)
    Dubai to Melbourne (3 hour delay, which mean we missed our connecting flight)
    Melbourne to Auckland (missed connecting flight and had to wait for next codeshare flight - arrived in AKL over 10 hours late)

    I've been told the same as the above comment, which is why I am questioning if I can, in fact claim?

    I have been looking through the forum but I'm struggling as it wasn't out first (UK) flight which caused the problem.

    Thanks in Advance!
    :j PAID VERY, Barclaycard x3, Vanquis, Natwest, O/D, Tesco & MBNA x2 PAID :j LBM 24/07/15 - Original Debt: £0/31010.23 (100% paid) :eek:
    Mortgage - £151.316.54 :eek:
  • Vauban
    Vauban Posts: 4,736 Forumite
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    kirtsypoos: I've replied on your other thread.
  • juni
    juni Posts: 21 Forumite
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    We went through Reading in October 2015
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