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Old 6th June 2012 | 12:53
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Sober Lark
 
Joined: Aug 2007
Posts: 988
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From: Dublin
Hi ExXB, Much of what you say is very true but why did they welcome EK241's diversion with firefighters and paramedics?

Sorry, not YUL. I was word playing on the Montreal Convention.

Thank you for your previous reply regarding the T&C of carriage.

When you book online with Emirates you receive your tickets by e mail with an attachment called 'Conditions of contract and other important notices'. But this does not give the level of information you told me to look for so I drilled deep into the Emirates web site and on their site map I found 'Emirates Conditions of Carriage for passengers and baggage' modified May 2012.

It is a long document but here are a few lines which may be of interest and to other persons who find themselves in a similar situation and want to be treated better than they will be treated if they don't have this information:

Article9.1.1 ……We do not guarantee flight times and flight durations to you and they do not form part of your contract of carriage with us.
9.2.2 You will be entitled to choose one of the following three available remedies if we cancel a flight; fail to operate aflight reasonably according to the schedule; fail to stop at your destination or Stopover destination; or cause you to miss a connecting flight with us or with another airline for which you hold a through booking/confirmed reservation and adequate time existed to make the connection after the scheduled time of arrival of your flight. The three available remedies for you to choose from are available without extra charge and are set out in Articles 9.2.2(a) to (c) below. See also Article 9.2.3 for limitations on your rights and our liability.

9.2.2(a) Remedy One- we will carry you and yourBaggage as soon as we can on another of our flights on which space is available and, where necessary, extend the period of validity of your Ticket to cover that carriage.


9.2.2(b) Remedy Two - we will re-route you and your Baggage within a reasonable period of time to the destination shown on your Ticket on another of our flights or on the flight of another airline, or by other mutually agreed means and class of carriage. We will also refund you any difference between the fare, taxes, fees, charges and surcharges paid for your carriage and any lowerfare, taxes, fees, charges and surcharges applicable to your revised carriage.

9.2.2(c) Remedy Three - we will give you an involuntary refund in accordance with Article 10.2

In all of those situations, the refund will be:

10.2.1(a) an amount equal to the fare paid (including taxes, fees, charges and exceptional circumstances surcharges paid) if no portion of the Ticket has been used;

Or

10.2.1(b) if a portion of the Ticket has been used, an amount equal to the difference between the fare paid (including taxes, fees,charges and exceptional circumstances surcharges paid) and the correct fare (including taxes, fees, charges and exceptional circumstances surcharges) for travel between the points for which you have used your Ticket.

One would imagine if you are successful in a claim with Emirates then the balance of unrecoverable costs could be claimed from your travel insurance policy. Whether or not you can be successful depends on your travel insurance policy terms and conditions covering delay.

Having looked into this I note depending on cover selected, some insurers will not cover the cost of the flight but will cover a portion of the holiday costs you were contracted to pay – e.g accommodation, excursions, car hire for each day of the trip you have not used.

I also found different travel insurers have a different delay and holiday abandonment cover timeline. Note, if an airline calculates the arrival as touchdown of aircraft rather than disembarkation and this meant your delay was too short to successfully claim on your policy you could be flummoxed. Clarify this point and get it in writing.

Last edited by Sober Lark; 6th June 2012 at 13:05.
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