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Help required - EU261 claim/info

PostPosted: 18 Aug 2015, 21:14
by Salsasam
I'm hoping that some of the frequent flyers on this forum will be able to help. A friend of mine was on the Emirates flight from BHX - DXB a little while ago that was ultimately cancelled as a passenger or CC saw a mouse on board. He should have flown at approx 21.00 but they took them off the plane, put him/them up in a hotel overnight, bussed them to Heathrow the next day, where they eventually took off at 17.00. He then subsequently missed his connection to Thailand so had to wait a number of hours in DXB for a new connecting flight. He put his claim in, but Emirates have refused this, as they say they put him up in the hotel so they don't have to pay out. This doesn't sound right to me, but I've never been in this situation. Do they really not have to pay the compensation because they paid for a hotel? I really appreciate any help or advice anyone is able to give. Thanks

Re: Help required - EU261 claim/info

PostPosted: 18 Aug 2015, 22:30
by tontybear
The provision of Duty of Care (hotel) is totally different from the other aspects of EU261 on delays and cancellations.

He needs to write to them saying that EU261 is clear and that he is entitled to the compensation and they should pay up.

Re: Help required - EU261 claim/info

PostPosted: 18 Aug 2015, 22:48
by SNOMO
As Tonty says its two different things. They boarded him therefor he was then their responsibility. Same happened to us, put us up overnight cause we missed our connecting flight due to late take off but we still claimed & got full compensation.

Re: Help required - EU261 claim/info

PostPosted: 19 Aug 2015, 06:56
by Eggtastico
as said.. they need to pay up.

Hotel, refreshments, telephone calls, etc. are additional rights as assistance.
cash is the compensation

REGULATION (EC) No 261/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 February 2004
establishing common rules on compensation and assistance to passengers in the event of denied
boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91
http://eur-lex.europa.eu/resource.html? ... format=PDF

Re: Help required - EU261 claim/info

PostPosted: 19 Aug 2015, 08:29
by Salsasam
Thanks everyone - I really appreciate your help. I'll let him know and I will let you know how they respond.

Re: Help required - EU261 claim/info

PostPosted: 19 Aug 2015, 11:26
by Salsasam
Hi All - they are now trying to tell him that its extreme so they don't have pay!!!

Re: Help required - EU261 claim/info

PostPosted: 19 Aug 2015, 11:41
by tontybear
Salsasam wrote:Hi All - they are now trying to tell him that its extreme so they don't have pay!!!



Tell him to tell them to read the Jet 2 - Huzar ruling re extraordinary circumstances and to reconsider otherwise he'll take them to Money Claim On Line.

https://en.wikipedia.org/wiki/Huzar_v_Jet2.com

Re: Help required - EU261 claim/info

PostPosted: 19 Aug 2015, 13:38
by Salsasam
Thanks Tontybear, I really appreciate your help on this. I know the airlines don't like to pay out, and hope that people don't follow through, but I think the more people that get the "bit between their teeth" and keep pushing, the less the airlines will get away with it. My friend has also asked me to pass on his thanks for all of the advice and help as well. He's not a frequent flyer, so didn't know the rules and regs, and where to go to for advice.