Compensation iro UE regulation 261/2004
Aug 14, 2007, 6:52 am
#1
Original Poster
Join Date: Aug 2007
Posts: 1
Compensation iro UE regulation 261/2004
On 2 July 2007, I was due to fly from Heathrow to Dubai on Emirates flight EK006. The flight was scheduled to depart from Heathrow at 22:15, but because it only landed at Heathrow very much later than expected, it was unable to be serviced and depart before Heathrow‘s Jet Curfew. As a result, the flight was cancelled and we had to sleep on the floors at Heathrow.
I have taken this matter up with Emirates but they deny any liability and blame the cancellation on Heathrow’s jet curfew. In their own words, they are not liable for “air traffic management decisions which cause for a flight to be delayed and /or cancelled” I argue that the Heathrow’s jet curfew is a long standing rule that they were aware of up-front and if their flight EK006 had landed at Heathrow on time, it could have taken off on schedule and need not have been cancelled. I am seeking compensation directly from Emirates, and they are blaming Heathrow for the cancellation.
Any comments?
I have taken this matter up with Emirates but they deny any liability and blame the cancellation on Heathrow’s jet curfew. In their own words, they are not liable for “air traffic management decisions which cause for a flight to be delayed and /or cancelled” I argue that the Heathrow’s jet curfew is a long standing rule that they were aware of up-front and if their flight EK006 had landed at Heathrow on time, it could have taken off on schedule and need not have been cancelled. I am seeking compensation directly from Emirates, and they are blaming Heathrow for the cancellation.
Any comments?
Aug 14, 2007, 7:24 am
#2
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johntron, welcome to Flyertalk!
This thread is better suited to the Emirates Airlines forum so I'm going to transfer it there.
Please follow at it's new location.
Trhanks.
__________________________
Cholula
Travel Safety/Security Forum Moderator
This thread is better suited to the Emirates Airlines forum so I'm going to transfer it there.
Please follow at it's new location.
Trhanks.
__________________________
Cholula
Travel Safety/Security Forum Moderator
Aug 14, 2007, 7:52 am
#3
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Was it a cancellation or a delay? If it was a cancellation you can EU compensation (as far as I know) from EK whereas if it was an overnight delay you can claim hotel and food costs. When did you end up leaving Heathrow?
Cheers
Cheers
Aug 14, 2007, 8:11 am
#4
Join Date: Apr 2005
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If the flight was canceled you're due compensation under the EU regulations unless the cancellation was beyond EK's control (that usually would apply to weather issues, no idea how an airports curfew does apply to this rule). In any case under said regulation they would have had to provide accommodation, meals/drinks and 2 phonecalls/emails/facsimiles.
If in doubt you can simply e-mail the respective authority in the UK and inquire about this. I had a similar case in leaving Germany and the German Bundesluftfahrtsamt which is responsible for this regulation in Germany was more than helpful with information.
If in doubt you can simply e-mail the respective authority in the UK and inquire about this. I had a similar case in leaving Germany and the German Bundesluftfahrtsamt which is responsible for this regulation in Germany was more than helpful with information.