Flight delay compensation, all other non-EU airlines

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  • Trevor_L
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    We (family of 5) were booked Business Class on Emirates from Newcastle to Male via Dubai. We were given 14 hours notice that the flight was cancelled and re-scheduled for 22 hours later. This meant we obviously missed the connection to Male and ended up having to stay overnight in Dubai and then continue our journey the next day via Columbo. We arrived at Male over 36 hours late. At check-in we were told that the delay was due to the pilot falling ill and Emirates having to fly replacement aircrew to Newcastle. This was confirmed by the aircrew themselves,

    As compensation we have all been given an (admittedly generous) amount of air miles but Emerates have refused to offer any financial compensation. Are they legally allowed to do this?
  • couriervanman
    couriervanman Posts: 1,667 Forumite
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    So how much do you want/expect
  • Trevor_L
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    If EU law states that an airline can offer airmiles in lieu of financial compensation, then Emirates have fulfilled their obligations and I wouldn't expect anything. However, if no such caveat exists, I would expect compensation to follow the legal requirement which, for a 36 hour delay, I believe is €600 per person.

    This was a one off family holiday which will not be repeated. Thousands of air miles are worth nothing if you are never going to fly with the airline again.
  • Voyager2002
    Voyager2002 Posts: 15,284 Forumite
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    No compensation is due if the delay results from "exceptional circumstances". A pilot who is too ill to fly might well fall into this category, in which case it would make good business sense for the airline to offer something like Skywards points to make those affected feel better about the situation.
  • JPears
    JPears Posts: 5,086 Forumite
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    However a 38 hour delay is not an EC. Emirates new at least 14 hours beforehand that the pilot was allegedly I'll.

    They have not done everything to minimise the delay. Did they offer or make aware that the OP could make alternative arrangements at Emirates expense? I suspect not.
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  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    Trevor_L wrote: »
    If EU law states that an airline can offer airmiles in lieu of financial compensation, then Emirates have fulfilled their obligations and I wouldn't expect anything. However, if no such caveat exists, I would expect compensation to follow the legal requirement which, for a 36 hour delay, I believe is €600 per person.

    This was a one off family holiday which will not be repeated. Thousands of air miles are worth nothing if you are never going to fly with the airline again.

    Put your details into the Bott delay calculator to see what they think, you may have to call them to explain the routing and other details.

    https://www.bottonline.co.uk/flight-delay-compensation

    Good luck.
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  • bakerbird
    bakerbird Posts: 18 Forumite
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    Hi -
    I am wondering if anyone can help me? I have tried to raise a resolver claim but I am not sure how to complete the fields. However I would be very grateful if someone could take a look at my post?

    I flew out of LHR with Qatar on the 10/04 with a 45 min layover in Doha before going on to Sydney. I booked directly with Qatar and although the layover was quite short, I didn't think they would sell it if they didn't think it was possible.

    Needless to say, the departure from LHR was late by an hour and I raised a concern with the steward who told me he would speak with the pilot, etc. and that I shouldn't worry.

    When we arrived in Doha, it was 1945 and the flight to Sydney was due to depart at 2035. It took nearly 20 minutes to offload and during this process, the staff told the 1st and Business customers who were connecting to contact ground staff who would help them transfer. I was travelling economy :(

    When I got off the flight there was ground staff there holding up a sign for Sydney and pre-printed hotel slips . The next flight wasn't until 0930 the following morning and there were a number of people already waiting there, some for another Australian flight. Our original flight at this point had not departed. There were no 1st/business in the group of people.

    I was advised to leave my luggage behind in the airport and transferred to a hotel with about 18 others. It was a long night, made worse by the constant building noise until 0130 in the morning.

    Cold food, no breakfast (they took us to the airport too early) and a different plane (much smaller than the planned A380) meant an unpleasant continuation of my journey. I asked for an upgrade in Doha but was refused (what you don't ask, you don't get is what I thought).

    I arrived in Sydney around 0730 and I missed 4 hrs of work. I am a contractor so I lost this time and cannot charge my client.

    I wrote to Qatar on my arrival and they tell me I cannot claim compensation. I would like, at the very least, some airmiles or an upgrade for the return flight next week.

    Please can some expert let me know what they think? Many thanks (and have a happy Easter).
  • Caz3121
    Caz3121 Posts: 15,545 Forumite
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    bakerbird wrote: »
    I wrote to Qatar on my arrival and they tell me I cannot claim compensation. I would like, at the very least, some airmiles or an upgrade for the return flight next week.

    on what basis are they saying compensation not due? what was the reason for the delay from Heathrow
    If technical etc then there should be compensation due
    if weather, ATC etc then there is no compensation due
    in either case you are due duty of care which it appears you received.
    There are not enough business seats on any airline to accommodate everyone that has been delayed at some point...I assume you have travel insurance suitable for your circumstances (contractor) so should make a claim from them for your losses.
  • Vaughan_Parry
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    Hi. I want to use the Flight Delay Compensation Tool to claim for a recent delay but the airline in question - Air Arabia Maroc - is listed in neither the list of popular airlines nor the full list. How do I enter the airline's name in this case?
    Many thanks in advance for advice and help (including any direction to an existing thread where this query may be answered; I have looked!).
    V Parry
  • Vaughan_Parry
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    OK, so I didn't look closely enough! I've just noticed and used "the airline not listed" link and asked if Resolver can add Air Arabia Maroc...
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