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Old Dec 27, 2022 | 11:43 pm
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suley
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Join Date: Jun 2014
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EU261 and Denied Boading

My wife travelled on EK32 on the 17th December, the pilot advised they were waiting for some delayed bags and this delayed pushback. As there had been snow in earlier days I am guessing there was some delays and restrictions. The plane departed at 8:01 from the gate as oppose to 7:00. The flight landed in Dubai at 6:32 and getting to the gate at 6:41. Her connecting flight was EK805 which was scheduled for 7:05, however midflight around an hour before she was due to land the system had already cancelled her next flight and placed her on a afternoon flight. Once she got on the ground, her connecting flight was still there and was delayed until 7:35 for other connecting passangers however as Emirates had already cancelled her seat and I am told at the gate standby passanger was not in her seat. I then helped her take a FZ flight as it was sooner then the EK flight but still meant she was late.

So I wrote a basic email to them explaining what they had happened and EK have as expected denied the claim stating;
Our Daily Operations Report shows that this flight was delayed for 1 hour and 1 minute due to removal of snow from the aircraft (de-icing) and Air Traffic Control limitations caused by the weather conditions in the UK.


We are aware that this delay caused you to misconnect your onward flight to Jeddah at 0705hrs on 17 December. As a result, our Reservations team rebooked you to the first available flight FZ7103, from Dubai to Jeddah on 17 December departing at 1100hrs.

Emirates complies with legislation in all of the jurisdictions in which we operate. Flight delays caused by adverse weather and air traffic delays though regrettable, are unavoidable occurrences of which Emirates has no control. In such situations, according to Article 5 (3) of Regulation (EC) 261/2004, air carriers are not obliged to pay compensation when events are caused by extraordinary circumstances. Therefore, compensation under EC261 does not apply on this occasion.
While the delays may have meant the flight was delayed, EK denied boading on the connecting flight as it had sold her ticket and it was possible for her to get on the flight. I was wondering any advise on how to structure or points to make or are EK right and not to bother.
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