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-   -   Emirates and EC261 compensation (https://www.flyertalk.com/forum/emirates-skywards/1863895-emirates-ec261-compensation.html)

ft101 Sep 9, 2017 1:00 am


Originally Posted by Often1 (Post 28793592)
The bottom feeders do provide one worthwhile reality check. Because they only get paid when they win, they don't waste time on claims they can't win.

If they won't take your claim and fully pursue it, that is a good barometer to use in determining whether it is worth your own time.

I'm sure some are like you say, but it was been one of these "bottom feeders" that won Huzar v Jet2.com and Dawson v Thomson Airways which involved going all the way to the Court of Appeal and became landmark cases. They wouldn't do that just for their share of a few hundred Euro.

Shingi Apr 8, 2018 3:29 am

Supreme Court ruling re compensation
 
Hello,
I have just been reading about Emirates being refused permission to appeal against a ruling on missed connections and realise that my two Grandsons from South Africa should qualify for this. Last July their return flight out from LHR was delayed resulting in them missing their onward connection to Durban. They were 14 and 16 but both travelling as unaccompanied minors due to the younger ones age. To our amazement (not to mention the awaiting Mother's distress in Such Africa and to some extent their own) both boys were transported to a hotel in Dubai and left there with food vouchers and instructions that they would be picked up the next day. None of us were entirely happy that they'd been left on their own but they were sensible lads. It does make you think what would have happened if they'd been 9 and 10 though! They both ended up taking the next days flight to Durban arriving 24 hours late. Their whole trip was paid for by us but I am assuming any claim for compensation will need to be taken up by Mum in South Africa? Would that be correct and if, so any idea were to start please?
Many thanks

Tiger_lily Apr 8, 2018 4:00 am

Hit the exclamation mark button and let them know what you would like them to do

DYKWIA Apr 8, 2018 4:06 am

See this link for official Emirates policy :-

https://cdn.ek.aero/downloads/ek/pdf...otice-2018.pdf

"You can contact directly our customer relation department through our web site www.emirates.com/feedback to make a claim. Alternatively through email to: [email protected]"

ft101 Apr 8, 2018 7:46 am

What was the reason for the delay?

Flame3601 Apr 8, 2018 8:19 am


Originally Posted by Shingi (Post 29615349)
Hello,
I have just been reading about Emirates being refused permission to appeal against a ruling on missed connections and realise that my two Grandsons from South Africa should qualify for this. Last July their return flight out from LHR was delayed resulting in them missing their onward connection to Durban. They were 14 and 16 but both travelling as unaccompanied minors due to the younger ones age. To our amazement (not to mention the awaiting Mother's distress in Such Africa and to some extent their own) both boys were transported to a hotel in Dubai and left there with food vouchers and instructions that they would be picked up the next day. None of us were entirely happy that they'd been left on their own but they were sensible lads. It does make you think what would have happened if they'd been 9 and 10 though! They both ended up taking the next days flight to Durban arriving 24 hours late. Their whole trip was paid for by us but I am assuming any claim for compensation will need to be taken up by Mum in South Africa? Would that be correct and if, so any idea were to start please?
Many thanks

Surely illegal, you have to be 18+ or with someone who is 18+ under UAE law to stay in a hotel room when you are under 18. I am pretty sure that is grounds alone for some hefty compensation, let alone the delay.

Often1 Apr 8, 2018 8:51 am

The delay issue is one matter under EC 261/2004.

The Regulation does not cover the circumstances of UM overnights. It may well be a violation of UAE law and if it is, OP may certainly report the violation to the proper UAE authority. But, that has nothing to do with compensation. If the teenagers had been harmed, they might be entitled to damages. But, presuming that they were not, what compensation?

Flame3601 Apr 8, 2018 9:05 am

Emirates are quick to prevent UM's from booking CD or STPC's or entering any lounge in Dubai when under 18, they pretty much circumvented and broke UAE law by allowing two 16 & 14 year old boys to stay in a hotel unsupervised and unattended by someone who acted as their legal guardian who was 18+. I am sure they had a grand time and Dubai is probably one of the best and safest places for this to happen, but i know some parents who would be horrified to find out that their children were left in that situation. I am no expert on EC261/2004, but i would most certainly use this as a bargaining tool if EK aren't so forthcoming to the table. They wouldn't need to be harmed, but placed in a compromising situation that is against the law and duty of care of Emirates - especially even more so that they were on the UM service.

Shingi Apr 8, 2018 11:57 am

QUOTE=ft101;29615911]What was the reason for the delay?[/QUOTE]

if I remember correctly there were terrific thunderstorms over LHR so it must have been that. Does anyone know how
I could find out for sure please?




Shingi Apr 8, 2018 2:55 pm

So, having read the eu261 rules it seems that my claim will go nowhere as the flight was weather delayed. As to whether Emirates should have left my two on their own in Dubai I don’t think anyone could consider that that was the right or correct thing to do BUT no harm was done and they came through it okay. I suspect it got them a bit of street cred when they told their friends about it.
Thanks for your help.

Cat Man Do Apr 8, 2018 3:18 pm

Title is confusing - Supreme court ruling? What ruling, what Supreme court?

Flame3601 Apr 8, 2018 3:18 pm


Originally Posted by Shingi (Post 29617196)
So, having read the eu261 rules it seems that my claim will go nowhere as the flight was weather delayed. As to whether Emirates should have left my two on their own in Dubai I don’t think anyone could consider that that was the right or correct thing to do BUT no harm was done and they came through it okay. I suspect it got them a bit of street cred when they told their friends about it.
Thanks for your help.

Yeah so if weather related then you can’t claim, most airline will completely reject claims if weather can be blamed by some reasonable percentage. Coming back to the hotel situation, no doubt that EK broke UAE law and broke their duty of care to their UM’s by leaving them alone in a hotel for a long duration of time, I wouldn’t of made a fuss but let’s say the 14 year old had an accident or something along those lines then the media would have had a field day and so would your lawyer when you sued for millions. I think the airport hotel would of been a better option, but anything was better then the UM lounge- Ahmed777 knows all about this.

Street cred 4 sure and a free night in Dubai on the house! :D

JumboJet Apr 8, 2018 3:38 pm

You are chasing this from 8-9 months ago?

Dave Noble Apr 8, 2018 4:16 pm


Originally Posted by JumboJet (Post 29617311)
You are chasing this from 8-9 months ago?

8 months ago and the court had not given a final ruling
There is, in UK, 6 years to lodge a claim, so why wouldn't someone look into it now that the airline cannot try claiming that connections outside EU don't count?

Does sound that the reason may be one where the airline is not liable, but I would still submit the claim and see whether it tries to use weather as a get out or whether it pays up

DYKWIA Apr 9, 2018 1:57 am


Originally Posted by Flame3601 (Post 29617274)
Coming back to the hotel situation, no doubt that EK broke UAE law and broke their duty of care to their UM’s by leaving them alone in a hotel for a long duration of time, I wouldn’t of made a fuss but let’s say the 14 year old had an accident or something along those lines then the media would have had a field day and so would your lawyer when you sued for millions.

What do you think EK should have done? Let them wander around the airport all night?

They were 16 & 14, not 6 & 4...


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