Possible compensation
#1
Original Poster




Join Date: Jan 2013
Location: Vancouver
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Possible compensation
Newbie on this forum, BA regular however. Wife's return leg from Zanzibar yesterday went tech (engine issue) and overnighted in Zanzibar. Return through Dubai onwards to Tel Aviv will be significantly late ie at least 24 hours. FlyDubai website notes specific consumer laws regarding Israeli consumer law and flights originating in Israel. An email address is provided on said FlyDubai website. I searched these forums and perhaps missed the thread but am seeking feedback / assistance in regard to making a claim for her if in fact possible. Thank you.
#2
Ambassador, Emirates




Join Date: Mar 2006
Location: LGW / AMS / CPT
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Newbie on this forum, BA regular however. Wife's return leg from Zanzibar yesterday went tech (engine issue) and overnighted in Zanzibar. Return through Dubai onwards to Tel Aviv will be significantly late ie at least 24 hours. FlyDubai website notes specific consumer laws regarding Israeli consumer law and flights originating in Israel. An email address is provided on said FlyDubai website. I searched these forums and perhaps missed the thread but am seeking feedback / assistance in regard to making a claim for her if in fact possible. Thank you.
#3
Original Poster




Join Date: Jan 2013
Location: Vancouver
Programs: BA for now
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When a very similar thing happened to my wife and myself back in December 2020, we both received what we thought was quite a generous number of Skywards miles (worth significantly more than what the EC 261 (is that the correct number?) compensation would have been had it been applicable). Plus of course a hotel and all meals. For what it is worth we were in J, one of us Gold and the other Silver. We both got the same number of miles (without hoeing to ask for them, we just got an email with lots of apologies and the miles were in our respective accounts).

From FlyDubai website. I have no idea what Skywards are worth if any will even be offered.
#4
Ambassador, Emirates




Join Date: Mar 2006
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The value of Skywards is debatable, really depends 'what you use them for'. I generally use mine for a J to F upgrade, so they would be worth the fare difference. Some people use them to buy tickets (they don't cover the taxes and surcharges, so generally a poor value). And then there is a 'cash plus miles' option where you can reduce the price of the ticket with miles (sometimes there is a 'special cash and miles offer' which can double the value). And you can use Skywards miles for Duty free shopping at DXB. No idea about the value there....
#6
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Join Date: Jan 2013
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Received official denial based on unplanned technical issue and FlyDubai having done everything reasonably possible, of course ignoring Israeli case law that essentially imposes a near strict liability standard. Having some legal training and past experience with EC261 compensation with BA, I replied and will update this thread.
Notwithstanding the denial, at least FlyDubai denied within 4 days unlike BA, now 3 months past submission deadline and no response from a current claim with BA.
Notwithstanding the denial, at least FlyDubai denied within 4 days unlike BA, now 3 months past submission deadline and no response from a current claim with BA.
#7
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Join Date: Jan 2013
Location: Vancouver
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As I await FD's reasoned response to my follow up communication to the original denial with factual and legal points, I noted that there were 2 cases in the Israeli Small Claims Court system that were commenced and then withdrawan, likely because the matters had been settled. FD has only been flying out of Israel for a year and a half which may account for few disputes in the court system and perhaps their lack of expertise in dealing with claims arising in Israel. We shall see. The Israeli courts in dealing with compensation cases from other airlines have generally upheld consumer rights, extraordinary circumstances aside, imposing what is approaching strict liability on the airlines and making that statement in the actual cases. In other words, regardless of safety concerns, as between consumer and airline, the Israeli courts prefer the consumer and it is interesting to me, as a legal professional, that the Israeli consumer law specifically states that interpretations of the consumer law will be made as favourable as possible for the benefit of the consumer. I placed a 10 day timeframe within which to accept the statutory damages that should be paid, absent a court application being made and a claim for exemplary damages which the statute states can be up to 10,000 NIS ($2500 CAD) at the discretion of the court. If any airline forces its customers to commence legal proceedings when payment should be made (perhaps FD has evidence of extraordinary circumstances but I doubt it) a court may want to send a message so that court time is not wasted on matters that should never have to be brought to court. I also proposed a confidentiality clause if FD wanted as I have no desire to advocate for the others on the flight but would be willing to share my legwork should FD force me into court. Again will update as there seems to be little information on the process with FD and I might as well share my work in general terms.
Last edited by testycal; Dec 7, 2022 at 1:03 am
#8
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Join Date: Jan 2013
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FD offered compensation based on the incorrect level at between 2000 and 4500 km when the final destination was approximately 6000 km, the delay distance to final destination. Waiting for update from FD with corrected compenstaion amount.

