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Cancelled flight today (24/3) ex-LHR, Emirates not honouring EC261

Cancelled flight today (24/3) ex-LHR, Emirates not honouring EC261

Old Mar 24, 20, 4:58 am
  #1  
zsc
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Cancelled flight today (24/3) ex-LHR, Emirates not honouring EC261

Hi all, not a frequent lurker in Emirates, appreciate any help you may be able to offer. A friend reached out to me for assistance this morning as EK346 (DXB-KUL) is now cancelled, and as a result, today's EK2 (LHR-DXB) was also cancelled.

Under EU261 and even in Emirates' own guidance here - word for word: "we will re-route you under comparable transport conditions at the earliest opportunity to your final destination airport (or to an another airport serving the same town, city or region, in which event we will provide you with surface transport to your final destination airport or another close by destination agreed between us)"

However, they are not even attempting to rebook the passenger onto similar flights that are scheduled to depart and are still operating. There are two direct flights operated by MH (Malaysia Airlines) and transits by QR (Qatar) and WY (Oman).

Any solution or workaround to this? Thought of HUACA but apparently I reached the Dubai contact center, it seems as if the point of escalation that I reached was the very end of it all, and per the above, Emirates is in direct breach of EU261 regulations for the cancellation of an EU-departing flight.

TL;DR: flight today on EK metal cancelled. EU261 requires airlines to provide the option of rerouting on an alternative carrier to the final destination. Emirates are refusing to comply.

Last edited by zsc; Mar 24, 20 at 5:37 am Reason: add context
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Old Mar 24, 20, 5:05 am
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Originally Posted by zsc View Post
Any solution or workaround to this?i Thought of HUACA but apparently I reached the Dubai contact center, it seems as if the point of escalation that I reached was the very end of it all, and per the above, Emirates is in direct breach of EU261 regulations for the cancellation of an EU-departing flight.
It would be true if this happened 1 month ago.

EK is actually not on breach because both the U.K. and Malaysia have been significantly impact by COVID-19.
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Old Mar 24, 20, 5:24 am
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Originally Posted by zsc View Post
Hi all, not a frequent lurker in Emirates, appreciate any help you may be able to offer. A friend reached out to me for assistance this morning as EK346 (DXB-KUL) is now cancelled, and as a result, today's EK2 (LHR-DXB) was also cancelled.
Your best bet here is to rebook any available flight ASAP, and claim a refund from EK.

Then put a claim into EK for the fare difference under EC261 guidelines. When EK refuse, do a MoneyClaimOnline.
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Old Mar 24, 20, 5:25 am
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Originally Posted by garykung View Post
It would be true if this happened 1 month ago.

EK is actually not on breach because both the U.K. and Malaysia have been significantly impact by COVID-19.
Setting aside the impact of Covid-19 (which is definitely significant, and I'm not disclaiming that fact), my friend is now stranded in the UK, and the regulations state that Emirates should be rebooking individuals onto a flight that would bring them to their final destination airport. I don't think they're suddenly exempt from getting the passenger to their intended final destination just because Emirates themselves are no longer in the air?

Taken from Lexology, where some lawyers have developed a response for airlines re EU261: "It is worth noting that, regardless of whether compensation is payable or not, airlines will still be required to provide passengers with a refund or re-routing, as well as care and assistance, in the event of cancellation."

I hope this does not come across as confrontational, I am just trying my best to get Emirates to honour their duty of care per the regulations - my first time interacting with them here, so not sure what to expect! Can't seem to find anything that would help on the forums either for this scenario.

Thanks again for any assistance that anyone can provide - the last resort would be to seek financial support to purchase another ticket, if need be.
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Old Mar 24, 20, 10:06 am
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I think the following link might be helpful for you and your friend, as I think there is already a EU directive regarding EU 261 and if it is valid during COVID-19 situation. So don't get your hopes up regarding an immediate reroute.

https://ec.europa.eu/transport/sites...0201830_en.pdf
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Old Mar 24, 20, 10:20 am
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I wish the OP the best of luck, but guidance on EC261 does not create a compelling case.

For example:

"carriers may find it impossible to re-route the passenger to the intended destination within a short period of time. Moreover, it may not be clear for some time when re-routing will become possible. This situation may for example arise where a Member State suspends flights or stops trains, buses, coaches or ships arriving from certain countries. Depending on the case, therefore, the “earliest opportunity” for re-routing may be considerably delayed and/or subject to considerable uncertainty. Reimbursement of the ticket price or a rerouting at a later stage “at the passenger’s convenience” might therefore be preferable for the passenger"

and

“the earliest opportunity” may under the circumstances of the COVID-19 outbreak imply considerable delay, and the same may apply to the availability of concrete information on such “opportunity” given the high level of uncertainty affecting air traffic.

If I needed to be somewhere right now I would first book an alternative flight and then worry about the financials. Whilst it may be non compliance, it may also be that Malaysian, Qatar etc are refusing to accept transfer of tickets from EK. Be ready to argue that in court or in front of an arbitration company later if so desired.
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Old Mar 24, 20, 10:22 am
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My flight to MUC was cancelled today for travel April 20th. Am I eligible for EU261?
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Old Mar 24, 20, 10:26 am
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Originally Posted by NWplatinum View Post
My flight to MUC was cancelled today for travel April 20th. Am I eligible for EU261?
No
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Old Mar 24, 20, 10:28 am
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Assuming DXB to MUC - no.
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Old Mar 24, 20, 10:46 am
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When people ask whether they are "eligible for EC 261/2004" they need to specify: delay/cancellation compensation, refund/rebooking, or duty of care. It seems clear from the Guidance, albeit non-binding, issued by the EU that this is an "extraordinary circumstance" and that there will be thus be no compensation. Further, rebooking is unlikely and thus refund in the event of cancellation is all one can get. Duty of care continues to apply.

I also would not expect any success in claiming the cost of new tickets, e.g. fare difference. This will simply come down to a refund from EK or your TA (or a chargeback if it comes to that) and your travel insurance for anything else. If an MCOL or small claims proceeding were ever to be filed, I see little likelihood of success with the prospect of insolvency and restructuring.
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Old Mar 24, 20, 11:34 am
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Emirates don't seem to honor the regulation even in clear cut cases, so I can't see them caring about honoring it at the moment.
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Old Mar 24, 20, 2:43 pm
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Firslty, with EU261 your entitled to ask for rerouting but EK does not have to provide, firstly it is subject to subject to availability of seats and secondly airlines don't always link with one another.

Secondly, you have not stated the dates you were supposed to travel, again EU261 has requirements on how many days out the cancellation was advised. In either way, I read the rerouting as being more prescribed at checkin and not prior to check in.

I assume your friend is based outside of the EU and while he can claim EU261, he's going to have a difficult time actually claiming that within the UK/EU since they are not a resident. I would say check if they have travel insurance and see what coverage exists, buy any availible tickets to get back asap or wait it out.

I think we will all agree Covid-19 is a extraordinary event and I think a Judge will consider it just that and say airlines are not insurance companies but also can only do what's reasnable and possible for them. At this moment many airlines are changing structures and today they are flying and tomorrow not. Therefore I think actually a judge will probably say they gave a refund of the ticket and thats the end of the matter. But it would be a intresting case if it did end up in court
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Old Mar 24, 20, 3:38 pm
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Originally Posted by suley View Post
Firslty, with EU261 your entitled to ask for rerouting but EK does not have to provide, firstly it is subject to subject to availability of seats and secondly airlines don't always link with one another.

Secondly, you have not stated the dates you were supposed to travel, again EU261 has requirements on how many days out the cancellation was advised. In either way, I read the rerouting as being more prescribed at checkin and not prior to check in.

I assume your friend is based outside of the EU and while he can claim EU261, he's going to have a difficult time actually claiming that within the UK/EU since they are not a resident. I would say check if they have travel insurance and see what coverage exists, buy any availible tickets to get back asap or wait it out.

I think we will all agree Covid-19 is a extraordinary event and I think a Judge will consider it just that and say airlines are not insurance companies but also can only do what's reasnable and possible for them. At this moment many airlines are changing structures and today they are flying and tomorrow not. Therefore I think actually a judge will probably say they gave a refund of the ticket and thats the end of the matter. But it would be a intresting case if it did end up in court
This is simply poor advice and does not take into account either the language of the Regulation or the very clear Guidance issued by the EC.

1. OP will not receive any compensation for the cancellation.
2. OP will not likely be rerouted and it does not matter how far in advance he is notified.
3. OP is due a full refund.
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Old Mar 24, 20, 3:42 pm
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Originally Posted by suley View Post
Firslty, with EU261 your entitled to ask for rerouting but EK does not have to provide, firstly it is subject to subject to availability of seats and secondly airlines don't always link with one another.

Secondly, you have not stated the dates you were supposed to travel, again EU261 has requirements on how many days out the cancellation was advised. In either way, I read the rerouting as being more prescribed at checkin and not prior to check in.

I assume your friend is based outside of the EU and while he can claim EU261, he's going to have a difficult time actually claiming that within the UK/EU since they are not a resident. I would say check if they have travel insurance and see what coverage exists, buy any availible tickets to get back asap or wait it out.

I think we will all agree Covid-19 is a extraordinary event and I think a Judge will consider it just that and say airlines are not insurance companies but also can only do what's reasnable and possible for them. At this moment many airlines are changing structures and today they are flying and tomorrow not. Therefore I think actually a judge will probably say they gave a refund of the ticket and thats the end of the matter. But it would be a intresting case if it did end up in court
The OP clearly says in the first para when they were due to travel.

There is nothing in EC261 that refers to availability or whether airlines 'link with each other'. Only the need to provide a refund or arrange alternative transport at the traveller's choice. The issue here is whether that was possible due to limited alternative options.

It's very easy to make a claim under an arbitration scheme.
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Old Mar 24, 20, 3:50 pm
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Here, for those who actually care about the current state of EC 261/2004 is the EC's Guidance issued on 18 March. Much of the rest of this thread is fiction.

https://ec.europa.eu/transport/sites.../c20201830.pdf
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