ADNANALI

Original booking/e-ticket in Business class D. Ticket purchased via Royal Air Maroc (RAM) website in London, UK

OUTBOUND

01 MAY LGW-CMN AT803 1620-1935

01MAY CMN-FIH AT265 2200-0435

RETURN

05MAY FIH-CMN AT264 0535-1210

05MAY CMN-LIS AT982 1620-1740



On 01 May, the LGW-CMN flight was delayed due to an air traffic controller strike in France. Interestingly, I observed that several other airlines were departing on time from LGW, utilizing French airspace. Unfortunately, this delay caused me to miss my connecting flight to Kinshasa (FIH) in Casablanca.

Upon arrival, I approached the RAM transit desk staff and requested to be put on a connection through FRA and BRU, using LH and SN airlines respectively. The LH flight was scheduled to depart in three hours. However, to my disappointment, the staff member outright refused my request and informed me that they could only arrange for me to take the next RAM flight to Kinshasa on 04 May, which was three days later (coinciding with my return date). Alternatively, they suggested continuing to Lisbon the following morning and then rebooking for alternative dates to FIH.

Reluctantly, I agreed to go to Lisbon as per their suggestion. The next morning, I approached the Deputy Chef d’Escale (Deputy Station Manager), who was the only person capable of assisting with rebooking. I inquired if it would be possible to reschedule my London to FIH flight for 12 June, with a return on 16 June. Although she agreed to change the CMN-FIH-CMN flight, she refused to rebook my London to CMN segment. As a result, I had to purchase a separate return ticket from London to CMN in order to connect to the CMN-FIH flight and for the return journey.

Now, Royal Air Maroc has declined to reimburse me for this additional expense, which arose due to the missed connection.

Any advice?

Many thanks

plunet

How did you approach the claim with RAM? What was their exact response?

The other important point to understand is have you at any stage agreed to cancel any flights.

Did you include in your claim that is based upon the protections afforded travellers under the UKs equivalent of EU261 for rebooking whose travel is disrupted irrespective of the cause which includes on other airlines. Provided that you gave the airline the opportunity to rebook you at the earliest opportunity to your destination which it appears you did, then they are in principle liable for the cost of your self rerouting.

Whilst much of the popular focus of EU261 claims is for compensation, if the delay was due to ATC restrictions the airline is not liable for that delay, but that does not eliminate their responsibility for duty of care, rebooking etc. Whilst RAM are not an EU/UK airline this will be in scope as the delay and need for rebooking arose from a flight outbound from the UK.

If you can share some more details I am sure I or other armchair EU/UK261 clueful people can give you some pointers on next steps.

ADNANALI

plunet Thank you so much for your prompt reply. Please see below correspondence with Royal Air Maroc---------- Forwarded message ---------
From: [email protected]>
Date: Mon, Jun 19, 2023 at 10:56 AM
Subject: Reimbursement of expenses due to missed connection
To: <[email protected]>

Dear Royal Air Maroc Customer Services

I missed my connection to Kinshasa on 01 May on arrival in Casablanca due to delayed flight from London Gatwick airport. On Arrival I requested Royal Air Maroc (RAM) transit desk staff to put me on alternative flights to Kinshasa via FRA and BRU leaving a few hours later, but he refused to do so. The next flight to Kinshasa with RAM was only possible after 4 days. Hence, I was asked to go to Lisbon and re-book to continue my travel to Kinshasa on a later date.

As a result, I had to buy a new return ticket from London to Casablanca to continue with my RAM flight to Kinshasa on 12 June. This also resulted me in arriving three days earlier in Lisbon then planned and had to return to Casablanca a day earlier on 11 June to make my connection to Kinshasa on 12 June. This was advised by M XXXXX Deputy Ched d'Escale at Casablanca airport on 2 May.

Since the delay was due to air traffic control restrictions in France, I am not asking for EU compensations, but Royal Air Maroc, still has to reimburse me for additional ticket expense as a result of this missed connection. I had asked the RAM staffM XXXXXX Deputy Chef d'Escale at Casablanca airport if they could rebook me this additional connecting flight and it was refused.

The total claim for reimbursement is £ 833.97 GBP

1) Additional flight costs - £539.28 (E-ticket TAP Airlines attached)

2) Additional hotel costs in Lisbon 2-4 May - £ 194.05 ( €220.66, receipt attached)

3) Additional hotel cost in Casablanca 11 June - £ 53.83 (689.91 MAD)

4) Taxi from Casablanca Airport to Hotel (return) - £46.81 (600 MAD)



Kind regards

XXXXXX



Attached: Royal Air Maroc E-ticket, missed connection letter, alternative flight to Casablanca, Hotel receipts, taxi receipts.

---------------------------------------------------------

From: RAM Service Client <[email protected]>
Date: Tue, Jun 20, 2023 at 11:03 AM
Subject: 00000000
To: [email protected]>

RC FILE =000000000

Subject: Delay of flight AT803 on 01/05/2023 from London.

Dear Mr. XXXX,

It is with the greatest attention that we took note of your request N° 000000.

On behalf of Royal Air Maroc, we sincerely apologize for any inconvenience you
have encountered.

The delay of your flight AT803 from Casablanca to London is due to the air traffic
controller strike, which represents an extraordinary circumstance. Royal Air Maroc cannot be responsible for this incident.

By taking into account security and safety requirements, Royal Air Maroc has made all reasonable efforts to minimize the consequences on your journey.

In accordance with the terms of Regulation 261/2004 of February 11th 2004, this strike is considered to be extraordinary circumstance, due to which our company is exonerated from liability, exempting us from paying expenses allowance that are claimed.

We regret to inform you that we can’t respond favorably to your compensation request.

We assure you that the satisfaction of our Customers is at the heart of our ambitions and our mission and ask you to please accept, Dear Mr. XXXXXX, the expression of our highest consideration.



Royal Air Maroc

Customer Proximity

-------------------------------------------------------------------------------------------

From: [email protected]>
Date: Thu, Jun 22, 2023 at 10:39 AM
Subject: Re: 00000
To: RAM Service Client <[email protected]>

RC FILE =000000

Subject: Delay of flight AT803 on 01/05/2023 from London. Missed connection to final destination



Dear Royal Air Maroc

Thank you for your response. I disagree with your explanation regarding the refusal to reimburse the expenses. I did not request flight compensation, but rather reimbursement for the expenses incurred due to a missed connection.

To continue my journey to Kinshasa, I had to purchase an additional ticket because the Royal Air Maroc transit desk staff at Casablanca airport declined to provide an alternative connection through Frankfurt/Brussels upon arrival. Consequently, I was forced to alter my travel plans and travel to Lisbon earlier than originally intended, resulting in extra hotel costs. I approached the Royal Air Maroc Deputy Chef d’Esacale to inquire if my booking could be modified to resume travel from London to Kinshasa at a later date, but my request was denied. Needless to say, this situation caused significant inconvenience as I had to reschedule my meetings and other essential work commitments in Kinshasa.

According to UK laws (Regulation UK261: Right to Care), airlines have a duty of care and passengers' rights to care, this includes taking me to my destination. While I was waiting for the airline to assist me in reaching my destination, I had several entitlements, including the right to reimbursement if no alternative route was offered. Please see article 8 (b) & (c) and article 9 of regulation UK261. https://www.legislation.gov.uk/eur/2004/261/article/8

Additionally, I kindly request details regarding the mitigation actions undertaken by Royal Air Maroc on May 1st for the delayed departure of flight AT803 from London Gatwick to Casablanca. It is worth noting that most other airlines departing from London Gatwick airport did not experience delays due to the air traffic controller strike in France.

I eagerly await your response.

Kind regards

XXXXX

ADNANALI

Claim reject by RAM via MCOL. Same response as the one before they sent to me, completely ignoring Regulation UK261 : Right to care. Will continue the claim case to court now.

plunet

Bad luck there, have fun with your day in court and good luck!

ADNANALI

At today's court hearing at a county court in London the Judge ruled in my favour. RAM is instructed to reimburse all expenses, as they did not fulfil their contractual requirement, even though the first flight leg was delayed due to air traffic restrictions over France. RAM could have rerouted via FRA/BRU a few hours later which they did not. Great outcome!

plunet

Wow, great on you for seeing this through to a resolution and congratulations on the win. Out of interest did RAM try to defend their position? Now all you need to do is get the remedy extracted from RAM...

ADNANALI

RAM's defendant argued (wrongly) that under UK261 there is no compensation or reimbursement and that they are exonerated from liability as delay was due to air controller strike in France.
However the ruling told off RAM that it is liable for their contractual obligation and should have provided either rerouting or option of returning to London and full reimbursement of the ticket or rebooking at no extra cost for different dates, if passenger wanted, and off course right to care. RAM is liable to transport passenger from point A to B as per their contractual obligations - air ticket.

the judge mentioned that RAM should reimburse all expenses including any legal costs by 4pm, 30th April. (in two weeks).

SK AAR

The duty of care never depends on whether the delay/cancellation is caused by extraordinary circumstances such as air trafic controller strike, weather etc. If you claimed for compensation due to delay etc it would have been different, but as I understand it your claim was for reimbursement of expenses incurred.

suley

Glad you had your day in court, my experiance with a missed connection was better, claimed for meals, taxi and missed football game and accomodation, all paid by them

SK AAR

Missed football game? How can that ever be the responsibility of airline? Most airlines will not reimburse such indirect losses.

suley

I have no idea, I stuck it in and was supprised they agreed and paid out. They did not even ask me for the tickets which was odd

ADNANALI

Royal Air Maroc UK office, has still not made the payment. Although as per court judgment order the payment deadline was 30 April. Have sent reminder and no response.

plunet

You need to deploy bailiffs to go making a nuisance of themselves, but a few more reminders and letters before action might be appropriate. You could remind RAM that it would be embarrassing if a flight got delayed or cancelled because a court bailiff seized control of a nice expensive aircraft at Heathrow.

Cris L

I would so love to do this.