Delayed QF2 Compensation
 

Hello all, collective wisdom needed if possible please.

QF2 went tech at Dubai yesterday resulting in a 24 hour delay and overnight stay.

Currently in DXB lounge waiting for today's service which I've been moved onto.

What level of compensation can I expect from Qantas for this? Missing Xmas Eve arrival is obviously an emotive issue for all the passengers involved (and crew of course!). Does the time of year make any difference to how Qantas may respond?

Also, as I boarded the flight in LHR but the issue only arose when departing DXB, is compensation still due under the EU scheme?

(BA Gold / OWE flying Economy)

There is no compensation due under EC261 ; it would have needed to be delayed out of London for European compensation

Anything is based on what Qantas would agree to give as compensation if requested. There is nothing that it is required to do

That it is Christmas Eve , I cannot see making much difference

I would expect that it will give FF miles or vouchers and not anything actually cash related

Really nothing from the EU scheme, even though my flight was LHR->SYD and I will arrive at SYD 24 hours late?

I was hoping DXB would be classed as just a refuel/pitstop gone wrong under these circumstances.

Would this be the same if we'd had to divert somewhere else en route to SYD because of a tech issue?

I was hoping (maybe naively) that the delay would be all about when I resched SYD not when I left LHR

Thanks anyway

The flight departed London on time and arrived at its scheduled destination of Dubai without issue.

Once in DXB, the flight is no longer covered by EC regulations

I would be interested to know if there is more recent case law about connecting flights. A quick scan of blogs suggest a 2013 ruling means connecting flights departing the EU are covered by EC261 Regulation, with regard to the delay to arrival at the final destination. This ruling states that there does not need to be delay on departure for EC261 to apply: http://europa.eu/rapid/press-release_CJE-13-18_en.htm

That relates to a missed connection in Europe. If the issue was in Europe, then QF2 would be covered.

The much more relevant case is Gahan v Emirates

Even so, one issue is that there is no missed connection from a delay, just a delay to a flight departing Dubai

@DaveNoble, we could argue based on this paragraph from the ruling:
(bolding original, red is mine)

I could easily interpret it that EC261/2004 should apply to OP's case, but I am sure that OP would have to go through courts and chances would be slim...

I disagree.

crazyegg was booked on QF2 LHR-SYD.

It is the arrival time at the final destination that is important.

In the context of EU261 and delays, going tech on the ground at DXB is little different from going tech midflight and diverting.

crazyegg, I suggest you have a look at this thread for more information:

http://www.flyertalk.com/forum/briti...61-2004-a.html
(Maybe even post a query there).

I doubt that - Small claims tribunals or "MONEYCOL" in the UK (if Crazyegg has a UK address they can employ) would be most suitable.

Except that such a case of a delay at a connection point in Dubai is still at court of appeal for a definitive ruling on such an issue

I don't think that any lower court will make a ruling until the higher court rules

I have doubt that the situation of it being same flight number is going to make any difference

DaveNoble thanks for the info on the Gahan v Emirates case. I guess we will have to see what the Court of Appeal decides. I really dislike the fact that the airlines use the single flight number to their advantage both ways. They treat it as a single 'flight segment' in their terminology for status earning and only issue one boarding pass. But I am sure that you are right, if the Court of Appeal says EC261 only applies to the immediate flight (in the physical sense) departing the EU and not journeys then I'm sure they won't offer compensation on these single flight numbers if the delay occurs outside the EU (QF1/2/9/10 flights and BA, AA etc. similarly)

Yes. And like serfty to me QF have delayed arrival, due to aircraft becoming non serviceable en route. Better to break on the ground than in the air.

This time of year aircraft to Australia will be packed to 100%. If was a month ago I would have expected QF to be able get some passengers on other QF/EK flight to Australia, even it it was a different city.

In advance of this I will state that a "Direct Flight" is not the same as a "Connecting Flight".

My opinion is still that the flight from LHR-SYD is late and on that basis compensation of €600 is payable based on the "Sturgeon" ruling (3+ hour delays provides for cancellation compensation).

With Gahan a flight from Manchester to Dubai was delayed by nearly 4 hours, meaning the passenger missed their connecting flight and so arrived over 13 later than scheduled. Consequently, a claim for delay compensation against Emirates was made. The Judge held that the claimant’s flights were to be considered as separate units and that since the claimant’s second flight fell outside the scopeof the Regulation 261, the claimant was only entitled to €300 EUR compensation in relation to the delay to her flight from Manchester to Dubai, rather than €600 EUR sought for the delay into Bangkok. The claimant then sought, and was granted leave to appeal.

So in that case there was a late inbound flight and a connecting flight with a different no - there is really no relevance to the OP's situation.

<More coming>

Thanks all, now in the domestic lounge at SYD waiting for my connection to HBA.

That was an experience I'd rather forget. In the end there were two QF2's from DXB yesterday morning just a few mins apart and Qantas managed to book me on both!

I got a phone call from one gate asking where I was just when I was boarding at the other! V stressful and was worried I'd somehow be unloaded from both! Thankfully, in the end my bags took one plane and I took the other :-)

I'll get Xmas out of the way and then go through all this useful info in detail. Thanks again

So Qantas kindly gave you two seats DXB-SYD for the price of one and you still want compensation? All that extra space! :p