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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. |
Originally Posted by suley
(Post 34869997)
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; 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. |
Originally Posted by suley
(Post 34869997)
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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The irony is there was no snow fall that day, it was cold but I think i have half a chance since the connecting flight was delayed. I'll keep everyone posted on what happens
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Just to add some closure, EK refused to reply after the second email to them, so I went to the CAA, around 6 weeks later I get a email from EK today saying they have reviewed following contact from the CAA and can agree to offer £260 based on 3 hours 56 min delay which was based on the Fly Dubai arrival time.
Initially I could not locate the Flydubai flight history to see was this gate time or landing time. I could not pull up on any webapps. I reached out to corporate-wage-slave (thank you) and sadly he could not get that far back. Then I remebered the app Flighty has the ability to add past flights to your passport, a quick try and I was able to add the flight to my flight log but also it showed landing time and gate time which takes it to 4 hours 5 mins. So Another email to EK and hopefully they revise the offer or I will need to write to the CAA officer as I guess they accepted its a denied boarding issue. Had EK been more open and honest, my wife would not have said Julys trip we are not flying EK until they apologise lol |
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