If you have ever missed a connecting flight with a non-EU airline and then been declined compensation a new ruling by the Court of Appeal could be of interest to you. Here’s what you need to know:
The Court of Appeal has ruled that a passenger may be able to claim if a delay was caused by a missed connection, and the connection was missed because of a problem with a flight from an EU airport.
The ruling means passengers of non-EU airlines who suffer a delay on the first leg of a flight departing from the UK which caused them to miss an onward connecting flight outside the EU – resulting in arrival at their final destination at least three hours late – may be eligible to claim compensation of up to €600.
If you fly with a non-EU airline from Manchester to Bankok via Dubai, the first flight is more than 3 hours late causing you to miss your connecting flight to Bankok – you may be entitled to compensation for the delay to Bankok.
If you have already lost a court case about this
If you’ve taken your claim to court about a missed connecting flight in these circumstances already and lost there is now nothing you can do.
If your claim was rejected by the airline
If you have received a deadlock letter from the airline (which is a letter of rejection) you can still claim. The first step will be to go back to them and ask if they will reconsider their decision in light of the Emirates Court of Appeal ruling. If they still refuse you can take your complaint to AviationADR if the airline is a member (you will find a list on www.aviationadr.org.uk) or if they are not a member to the Civil Aviation authority.
The basic rule
Remember, you will only be entitled to compensation if your flight arrived at the final destination more than 3 hours late. For the law to apply, the flight must also have departed from an EU airport (if it’s a non-EU airline).