Go Back   Flight Mole Forum > Other Airlines A-L
FAQ Members List Calendar Search Today's Posts Mark Forums Read

Reply
 
Thread Tools Display Modes
  #1  
Old 12-02-10, 06:37 PM
idobbo idobbo is offline
Junior Member
 
Join Date: Feb 2010
Posts: 2
Default EK108 from Larnaca to Dubai 18/01/10

Hello,

I checked in on-line, never got past the baggage check-in desk, was informed the flight was "delayed", finally, after 4 hours, we were told the flight was NOT coming to Cyprus (it was due in to Larnaca from Malta, then on to Dubai) and we were to present ourselves at the airport 24 hours later. I was offered hotel accommodation, but chose to get a taxi home. At no point was re-routing offered.

I am a consultant, and lost a day's work due to the delay. I thought I had a valid claim.

This is the response from my e-mail to Emirates:

I refer to your letter of 22nd January 2010.



Please accept my sincere apologies for the inconvenience you experienced due to the delayed departure of flight EK108, from Larnaca to Dubai on 18th January.



Although every effort is made to achieve on-time departures, which is an integral part of our product, there are occasions when flights are delayed due to circumstances beyond our control. Flights are only operated when our Engineers tell us that it is safe to do so. Emirates will never compromise on the safety of our passengers and crew.



Our records show that the aircraft which operated the inbound flight from Malta, experienced a lightening strike in Malta, which resulted in the delay of flight EK 108, from Malta to Dubai, via Larnaca on 18th January.



I am informed that our ground staff made announcements as and when they received updates from our Engineers.



Mr D*****, you will surely appreciate that it is always difficult to anticipate the exact duration of a ‘creeping delay’ of this nature. This flight eventually departed with a 24 hours delay to Dubai.



This flight delay was due to a “Force Majeure” situation, which was beyond the control of Emirates. Under our Conditions of Carriage, which may be viewed on our website www.Emirates.com, “Force Majeure” means unusual and unforeseen circumstances which cannot be controlled and the consequences of which cannot be avoided by taking reasonable care.



I do agree that our passengers are inconvenienced when flights are delayed, and I can understand how unsettling the waiting period must have been for you.



Our ASM informs me that once the aircraft was declared unserviceable, all efforts were made to expedite airport formalities and passengers were provided with complimentary hotel accommodation. I am pleased to learn that you were re-booked on the first available flight EK108 from Larnaca to Dubai, on 19th January, but however, did not avail of the hotel accommodation.



Our Conditions of Carriage state that the carrier undertakes its best efforts to carry passengers with reasonable dispatch. Times shown in the timetable are not guaranteed. The carrier may alter stopping places, and schedules are subject to change without notice.



In accordance with the EC regulation 261/2004 of the European Parliament and of the Council of the European Union, I am unable to offer you EU compensation, as flight EK108 was delayed and not cancelled.



I do understand how unsettling the disruption to your travel plans was for you, however this delay was due to circumstances beyond Emirates control.



Thank you for allowing me to address your concerns and for your understanding. We hope this incident has not marred your impression of Emirates and look forward to another opportunity to demonstrate our service commitment.



Yours sincerely,



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

I replied quoting the ECJ ruling that a delay = cancellation, no response.

It is my view that although a lightning strike may have caused the initial delay, Emirates CHOSE to divert/change the original flight Malta - Larnaca -Dubai, to Malta - Dubai (I had colleagues on the flight who had boarded in Malta, they have confirmed that they travelled on the aircraft after a 3 hour delay), therefore my cancellation (although Emirates call it a delay) was for operational reasons, not because lightning had caused the aircraft to be incapable of the flight to Larnaca as per their response. The flight departed Malta at 5pm local time, missed Larnaca, and flew to Dubai.


Any advice gratefully received.

Thanks, Ian

PS I have added the Flight stats:

MALTA

Date Time Source Event Data Updated
Jan 15 8:07 AM Schedules RecordCreated
Jan 18 12:55 PM Airline Time Adjustment
Estimated Gate Departure Changed To 01/18/10 02:50 PM
Estimated Gate Arrival Changed To 01/18/10 06:15 PM
Arrival Terminal Changed From To 1
Jan 18 1:55 PM Airline Time Adjustment
Estimated Gate Departure Changed From 01/18/10 02:50 PM To 01/18/10 03:30 PM
Estimated Gate Arrival Changed From 01/18/10 06:15 PM To 01/18/10 06:55 PM
Jan 18 3:20 PM Airline Time Adjustment
Estimated Gate Departure Changed From 01/18/10 03:30 PM To 01/18/10 05:00 PM
Estimated Gate Arrival Changed From 01/18/10 06:55 PM To 01/18/10 08:25 PM
Jan 19 6:55 AM FlightHistory STATUS-Unknown
Status Changed From Scheduled To Unknown
Jan 19 6:55 AM FlightHistory Final Task



LARNACA

Date Time Source Event Data Updated
Jan 15 8:07 AM Schedules RecordCreated
Jan 18 12:55 PM Airline Time Adjustment
Estimated Gate Departure Changed To 01/18/10 02:50 PM
Estimated Gate Arrival Changed To 01/18/10 06:15 PM
Arrival Terminal Changed From To 1
Jan 18 1:55 PM Airline Time Adjustment
Estimated Gate Departure Changed From 01/18/10 02:50 PM To 01/18/10 03:30 PM
Estimated Gate Arrival Changed From 01/18/10 06:15 PM To 01/18/10 06:55 PM
Jan 18 3:20 PM Airline Time Adjustment
Estimated Gate Departure Changed From 01/18/10 03:30 PM To 01/18/10 05:00 PM
Estimated Gate Arrival Changed From 01/18/10 06:55 PM To 01/18/10 08:25 PM
Jan 19 6:55 AM FlightHistory STATUS-Unknown
Status Changed From Scheduled To Unknown
Jan 19 6:55 AM FlightHistory Final Task

Last edited by idobbo : 12-02-10 at 08:35 PM. Reason: Adding flight stats
Reply With Quote
  #2  
Old 15-02-10, 06:35 PM
Hugh Hugh is offline
Senior Member
 
Join Date: Feb 2008
Posts: 1,507
Default

Welcome Idobbo,

Interesting case.

First off just because Emirates tell you that you don't have a claim they feel they need to address-doesnt mean that the claim doesnt retain merit.

For the moment forget what Emirates have said to you.

As you have already summised I suspect the key aspects are as follows.

Was your flight cancelled?

Have Emirates ( or could they perhaps in the future from what they have told us already) prove a defence of extraordinary circumstances?

A third question could be split as follows.

Is a lightening strike itself ( and the resultant damage) an extraordinary event ( extraordinary as suggested by the Wallentin-Hermann ruling).

Even if this were deemed an extraordinary circumstance-did it in fact cause the cancellation of your flight?

(Emirates chose to skip its Scheduled visit to Cyprus-how did the lightening strike cause this? Was the reason more a commercially driven reason-perhaps with the delay in Malta the crew would be out of service hours perhaps if they arrived in Cyprus?)

There is a lot more that could be added regarding offers of re-routing/delivery of notice of rights.

The loss of your days work-would be more complex as you would need to look at either a contractual remedy outide Ec 261/2004 or a cause of action under the Montreal Convention for delay.
Reply With Quote
  #3  
Old 16-02-10, 07:01 AM
idobbo idobbo is offline
Junior Member
 
Join Date: Feb 2010
Posts: 2
Default EK108 from Larnaca to Dubai 18/01/10

Thank you Hugh,

How do you suggest I proceed?

We do not have a Small Claims Court in Cyprus, and I expect that the NEB here will be about as useful as a chocolate fireguard!

I could get a legal letter sent, but that would be a last resort.

Regards,

Ian
Reply With Quote
Reply


Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Powered by vBulletin® Version 3.6.8
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.