Emirates and EC261 compensation
Apr 9, 2018, 2:30 am
#31
Join Date: Jan 2010
Posts: 9,307
Search for Gahan v Emirates or Buckley v Emirates which were decided in the UK Court of Appeal last year. Emirates indicated their intention to appeal, but the UK Supreme Court denied them this permission in March this year.
Apr 9, 2018, 6:07 am
#32
Original Poster
Join Date: Jan 2017
Posts: 58
Finding reason for delay?
I have been attempting to claim EC261 compensation for a delayed flight last year that led to my arriving 24 hours late at destination out of Amsterdam. My first two emails were rebuffed by the claim that Emirates did not have to give compensation on delays due to missed connection.
I emailed again recently after the Supreme Court refused Emirates leave to appeal against the judgement stating that they are in fact liable. This time, they replied and stated that they would not pay because the delay was due to a passenger having a medical emergency.
The flight was announced as delayed long before we even boarded, and the aircraft had been on the ground for many hours since arrival (so, not due to delay from any incident on an inbound flight). The fact that they never stated this until now makes me think that they are simply lying to my face.
Is there any way to find out the true reason for a delay? If the airlines can simply make up a reason with no way to check it, the legislation would seem to have little value.
The flight was EK150 out of Amsterdam on August 10th 2017.
I emailed again recently after the Supreme Court refused Emirates leave to appeal against the judgement stating that they are in fact liable. This time, they replied and stated that they would not pay because the delay was due to a passenger having a medical emergency.
The flight was announced as delayed long before we even boarded, and the aircraft had been on the ground for many hours since arrival (so, not due to delay from any incident on an inbound flight). The fact that they never stated this until now makes me think that they are simply lying to my face.
Is there any way to find out the true reason for a delay? If the airlines can simply make up a reason with no way to check it, the legislation would seem to have little value.
The flight was EK150 out of Amsterdam on August 10th 2017.
Apr 9, 2018, 6:09 am
#33
Join Date: Nov 2013
Posts: 5,454
I have been attempting to claim EC261 compensation for a delayed flight last year that led to my arriving 24 hours late at destination out of Amsterdam. My first two emails were rebuffed by the claim that Emirates did not have to give compensation on delays due to missed connection.
I emailed again recently after the Supreme Court refused Emirates leave to appeal against the judgement stating that they are in fact liable. This time, they replied and stated that they would not pay because the delay was due to a passenger having a medical emergency.
The flight was announced as delayed long before we even boarded, and the aircraft had been on the ground for many hours since arrival (so, not due to delay from any incident on an inbound flight). The fact that they never stated this until now makes me think that they are simply lying to my face.
Is there any way to find out the true reason for a delay? If the airlines can simply make up a reason with no way to check it, the legislation would seem to have little value.
The flight was EK150 out of Amsterdam on August 10th 2017.
I emailed again recently after the Supreme Court refused Emirates leave to appeal against the judgement stating that they are in fact liable. This time, they replied and stated that they would not pay because the delay was due to a passenger having a medical emergency.
The flight was announced as delayed long before we even boarded, and the aircraft had been on the ground for many hours since arrival (so, not due to delay from any incident on an inbound flight). The fact that they never stated this until now makes me think that they are simply lying to my face.
Is there any way to find out the true reason for a delay? If the airlines can simply make up a reason with no way to check it, the legislation would seem to have little value.
The flight was EK150 out of Amsterdam on August 10th 2017.
I would note of course that English Court of Appeal decisions are not binding in The Netherlands.
Apr 9, 2018, 6:14 am
#34
Join Date: Oct 2015
Location: Economy, mostly :(
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Posts: 7,801
As pointed out by et, not sure you you surmised that EK would be bound in the Netherlands by a decision made by a court in the UK, they are different countries, despite both being in Europe and the EU (for now)
Apr 9, 2018, 7:15 am
#35
Join Date: Oct 2015
Location: Cape Town
Programs: BA Exec Gold , Qatar Priviledge Club Plat
Posts: 1,584
I am not saying Emirates made a bad choice, but the choice they still made was illegal and against UAE law. They are still minors none the less. I would not of had a problem if my children were placed in a hotel in that situation, but i know some folks that would be less then impressed if they had not been informed.
Last edited by Flame3601; Apr 9, 2018 at 7:20 am
Apr 9, 2018, 6:52 pm
#36
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Location: AU
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Despite refused appeal, EK STILL won’t pay EU261 for missed connections
I know there are several threads but perhaps time to draw a line on those and start a new one for a new fight?
After EK was refused leave to appeal on the issue of missed connections in Dubai, we wrote to Emirates asking for the full €600 for a flight exCDG.
Their response, today, is that the refusal to appeal only applies to flights ex UK, and not to flights leaving anywhere else in Europe. They still do now owe compensation for missed connections resulting from departures anywhere else but the UK.
How best best to tackle this?
After EK was refused leave to appeal on the issue of missed connections in Dubai, we wrote to Emirates asking for the full €600 for a flight exCDG.
Their response, today, is that the refusal to appeal only applies to flights ex UK, and not to flights leaving anywhere else in Europe. They still do now owe compensation for missed connections resulting from departures anywhere else but the UK.
How best best to tackle this?
Apr 9, 2018, 7:09 pm
#37
Join Date: Oct 2015
Location: Economy, mostly :(
Programs: Skywards Gold
Posts: 7,801
you're quite right, this is the third thread in as many days, no need for another one, asking Mods to delete/merge.
the court ruling was in the UK, it has no bearing on other EU countries
the court ruling was in the UK, it has no bearing on other EU countries
Apr 9, 2018, 7:29 pm
#38
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I only found one other thread, but that has now focused on whether EK should or shouldn’t have provided a hotel for teenagers.
EK refused the initial request for compensation as they said they would need to wait for the decision of the appeal in the UK. They said this knowing the flight in question was from Paris.
Now they have have been refused that appeal they are stating it only applies to the UK, no where else.
I have to say it is bad form that they would be willing to rely on the UK decision if it went their way, but as soon as it doesn’t they are changing their position.
EK refused the initial request for compensation as they said they would need to wait for the decision of the appeal in the UK. They said this knowing the flight in question was from Paris.
Now they have have been refused that appeal they are stating it only applies to the UK, no where else.
I have to say it is bad form that they would be willing to rely on the UK decision if it went their way, but as soon as it doesn’t they are changing their position.
Apr 9, 2018, 9:23 pm
#40
Ambassador: Emirates
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Posts: 1,150
Ha, send me a PM with them stating that it is ex UK. The agent I'm dealing with in AU on this exact issue would spit out his coffee! He is saying that it still doesn't apply.
Apr 10, 2018, 12:28 am
#41
Original Poster
Join Date: Jan 2017
Posts: 58
My question wasn't about whether they're bound by that decision (although it gives a strong indication of how a case in the NL might go) - and they're not arguing that they aren't bound by it anyway. The question is whether it's possible to find out the true reason for a delay.
Apr 10, 2018, 4:18 am
#42
Join Date: Nov 2013
Posts: 5,454
My question wasn't about whether they're bound by that decision (although it gives a strong indication of how a case in the NL might go) - and they're not arguing that they aren't bound by it anyway. The question is whether it's possible to find out the true reason for a delay.
Aug 24, 2018, 7:43 pm
#43
Join Date: Jun 2014
Programs: EY
Posts: 852
I am not saying Emirates made a bad choice, but the choice they still made was illegal and against UAE law. They are still minors none the less. I would not of had a problem if my children were placed in a hotel in that situation, but i know some folks that would be less then impressed if they had not been informed.
Also, are there any similar laws to EC261 around the world? Though doubt any are as generous EX-UAE and India ones would be great. Been delayed for 18-24 hours on Air India Express twice out of Abu Dhabi. (Yes, I know.. Air India Express.. But sometimes there is no other option, as it's just them or Etihad between AUH and India).