Hi all,
I did my own research to see if I have any right to claim EC261/2004 compensation with Ethiopian Airlines (ET) but I'm still confused after reading case studies.
My situation: One ticket, MAD->ADD->KUL (via SIN one hour ground stop). Final arrival time was delayed by 9 hours in KUL.
Details: The MAD flight was one hour delayed, and there was a 17 hour or so layover in Addis Abeba, so it did not matter.
However, the ADD->SIN->KUL flight (one flight number) was delayed. We took off about 1-2 hours later, however, 1 hour in the air, the flight lost one engine, a boom causing shaking in the cabin and an electrical reset caused the captain to turn back to Addis.
This flight which was scheduled for 11:20pm departure (ET638) was delayed one hour+ on takeoff, then when we returned to the gate, we were rescheduled for 8am the following day, then the flight really took off at 9am. In the end, I was about 9 hours delayed on arrival at final destination in KUL (scheduled arrival time was 5pm in KUL, but we really landed at 2am). They offered overnight accommodation but I accepted to remain in the business class lounge instead. I have photos of the flightscanner and other trackings. I also received a letter from ET at Addis that details the delay as "operational issue" but "without accepting liability". I missed a flight (separately booked) after and also one night of hotel at final destination so to recoup any costs would be quite nice (though I understand they are not responsible for it.)
Do I have any right to claim 600 euros on this flight delay of over 9 hours?
I am basing this on the fact the flights were on one ticket, exiting EU, (though not community carrier). Also, it was technical problem (I have photos of technicians opening up the left engine casing when we landed and were still kept onboard.)
The great circle mapper indicates the following distances: ADD-SIN is 7,267 KM, SIN to KUL is 296km, totals 7,564 KM.
I read contradictory explanations:
https://ec.europa.eu/ireland/services/air-travel_en -> "The situation regarding connecting flights was clarified further in the case of Air France SA v Heinz-Gerke Folkerts and Luz-Tereza Folkerts C-11/11. Here, the case concerned a delay in arrival at the final destination. The Court of Justice of the EU decided that a passenger on directly connecting flights must be compensated when he has been delayed at departure for a period below the limits specified in the Regulation but has arrived at his final destination at least three hours later than the scheduled arrival time. Compensation is not conditional upon having been delayed for a minimum period at departure."
https://www.lexology.com/library/det...6-61ada1624bdf -> "In awarding the full amount of EC261 compensation available to the claimants, the Court of Appeal took the directly connecting flights together to determine whether the delay to the passengers in reaching their flight destination (upon arrival of the last flight) triggered the airline’s liability under EC261. This was particularly relevant to the Buckley family’s claim. Although their Manchester-Dubai flight was delayed by less than three hours (just over two hours in fact), they arrived at their final destination (Sydney) over 16 hours late. This is consistent with the decision in
C-11/11 Air France -v- Folkerts [2013] and the
EC261 Interpretative Guidelines. Whether the carrier is EU or non-EU registered is irrelevant if the first flight departs from an airport located in a member state."
I have emailed ET in Madrid office (contracted out apparently to a third party company) and also the MAD Airport Office. No replies and it has been 15 days since the flight and email.
Has anyone succeeded in getting a claim? I am hoping not to use any lawyer services for this.
If any one can provide any advice, I'd be most grateful. I feel like I am up against a wall not knowing how to proceed and whether my screenshots of flightradar-style sites would be accepted.
