I was due to travel GLA - BKK last week before the plane went tech and was unable to fly. I am Gold with many miles so I have upgraded at check in but only GLA - DBX due to availability.

Emirates kept us waiting nearly 10 hours before finally cancelling the flight and providing overnight accomodation. The whole process was a shambles and their customer service department did not care.

We arrived back at the airport the following day and they had fixed the plane overnight and we departed to DBX with me in business class.

Over a week later I have still not been deducted the 25000 miles for my upgrade.

My question is should I still complain to Emirates and see if any form of compensation is going to be provided for my inconvenience and delay, or should I just keep my mouth shut and hopefully get away with the 25000 miles?

I might add that I have never really been successful when I have complained in the past.

Your thoughts please

Keep quiet! Then "if" your miles do get deducted, write a letter stating that you have been pre-occupied.

In the past I have written letters of complaint to EK and have usually received some sort of reply, but I often let them know when i receive great service and commend different people who do above and beyond their jobs. I usually receive an instant thank you.

I would say: just let it be.

Being gold and all, you would be better advised to spend your time organizing your next bookings. There are some great deals to be had, inclusive of extra bonus miles until 31/07, and the whole lot.

Otherwise you can join the "BA and SQ are so much better" Emirates-bashing-crowd... and whine and cry and/or complain all you like. I am sure that the international network that the likes of BA and SQ have on offer out of GLA beats EK hands down,... NOT!!!!

Seriously, after you've experienced BA's "LHR crisis management" once in your life, you know better than to start immediately complaining about the EK service, or about your plane going tech, or about being offered some accomodation somewhere far away in Scotland.

My guess is: they won't deduct your miles, although they almost certainly just won't tell you in so many words,... so as to not set a precedent.

My advice: Be smart: don't complain (if you don't really have to).

.

An update ladies and gents, last week EK deducted the 25000 miles for the upgrade by simply emailing me the upgrade voucher.

There was no explanation or reference mumber but as this is my only recent upgrade it has to be it.

So here is my question should I now complain or is it too late?

I will add that I have flown twice with them since and not mentioned anything.

I would write now and complain. I would point out that you had assumed that their failure to deduct the miles was a gesture on their part to make up for your experience. Since this is obviously not the case you now feel you should make a formal complaint and ask for some compensation. What do you have to loose?

Try and claim compensation under the EU Regulation 261/2004 which allows passengers to claim compensation of up to 600 Euros for delayed and cancelled flights. Airlines will put up a fight not to pay out compensation and if the airline is still refusing to pay compensation try www.euclaim.co.uk .

I am currently using them to obtain compensation from KLM because KLM refused to pay compensation for a flight that was cancelled 15 minutes before boarding and the end result for me was that I was 24 hours late arriving in Manila. They will take on a case on a no win no fee basis. If you get compensation their cut is about 27%. It better to try and get 73% of something rather than 100% of nothing. Nothing ventured nothing gained.

Thanks for the reply people, emailed EK and got the we did everything possible to sort out your problem and you can basically just F_ck off now. But please remember to fly EK in future.

Only good thing they have done is reply quickly


Castlerock I thought about using your recommendation but not sure what the future rammifications may be if I succeeded in my claim. I fly EK about 10 or 12 times per yer long haul and would hate to be secretly penalised.
I.E no free upgrades etc.

What is the success rate of claiming against airlines? Anybody know?

The plane had a technical fault, so you won't get any EU compensation.

Cheers,
Rick

Isnt the plane having a technical fault the one time you *do* get EU compensation (I may be wrong here)?

Cheers,

Ek customer affairs is now a whole new kettle of fish.
I too am Gold , along with about who knows how many other !
in the past if I have complained they have been quick to respond and investigate and always came up with some sort of compo.
Nowadays , although I havent had much to winge about ,
They dont even acknowledge let alone reply with any compo.
I had some problems in Dubai on my previous trip and sent an email to customer affairs and not a word , sent it 3 times and nothing.
I would imagine that they have bigger problems to worry about now than replying to annoying emails.
I also imagine they are quite short staffed too.
I am going to let my feet do the talking and give up on them because each time one flies now there is always a new problem and even their cabin crew are frustrated.
The problems are mostly concerning commercial decions which I understand must be made but when they put their fares up by 7 P/c and then the service goes down , then its time to go as they say

S*** happens. But you are not even near it actually. Don't try too hard and you might actually end up being pretty near it.

Safe Flying

EGT

P.S: And then we ask what happened!!!!!!!

EC 261/2004 provides a right to liquidated compensation subject to the available defence as contained within Art 5.

This is a legally enforceable right to compensation.

This compensation is distinct to any form of ex gratia ( non legally enforceable) gesture of "compensation" that might be offered by a carrier in response to a myriad variety of customer service grievances.

A carrier should not operate an aircraft that is not legally fit for flight. A carrier is not "doing you a favour" in not so operating such an aircraft. It is simply complying with the law.

It is your judgment call regarding whether your prosecuting a legally binding grievance might affect the carrier's future consideration of you and whether you might suffer some form of consequent penalty. Since you are already a reasonably frequent patron of their services one would think they would also wish to keep you as a continuing customer.

It is observably common practice for most air carriers to avoid addressing passenger's claims for redress under EC 261/2004. The response from airlines can vary and can only be determined by detailed and comparative observation.

The starting point for a passenger is to understand his/her legal postion-then send a correctly worded letter of claim and as necessary be prepared to follow this up by court action if the carrier fails to respond or prevaricates in providing a reasoned and evidenced defence to what would be a justified legal demand.

There is no need or obligation to employ any form of external assistance in the form of a claims management company.


Here is an example of the process in action.
http://www.flightmole.com/forum/showthread.php?t=419

(Note this example pre-dates the ECJ decision in the Wallenstin-Hermann v Alitalia case-which has provided further clarification of the ambit and limitation of the extraordinary circumstances defence).

Indeed if more passengers -as individuals- took action themselves then airlines might more uniformly respond more positively to passengers legally justified claims under EC 261/2004.

Alternatively, you can take the preliminary view that an airline should be excused from complying and addressing legitimate claims under this legislation-that you should be thankful that you did not meet an early demise from the carrier's insistence in operating an aircraft that might not have been legally certified fit for flight.

Should you be thankful that an air carrier has not been reckless in endangering passengers in operating an aircraft that is not legally fit for flight? Some passengers who have not been inconvenienced by flight cancellations appear to suggest you should be thankful that you have simply been inconvenienced and not suffered bodily injury or worse-and thereby excuse a carrier of their legal obligations under EC 261/2004.

Perhaps these passengers have not been inconvenienced personally and are able to take this more distanced and philisophical view. Presumably by extension of this view, as long as you arrive at your destination in one piece, pretty well every shortcoming of a carrier's service delivery should therefore be excused.

The detailed analysis by the European Court of Justice suggests that you do not need to be so forgiving if you chose not to.

In any event you should make a concurrent complaint to the responsible National Enforcement Body so they might in turn keep a statistical record of such complaints.