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Missed Connection

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Old 12th May 2017, 15:49
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Missed Connection

Recently I flew to from LHR to Kochi via Dubai with the same airline.

The flight was late leaving London due to a technical fault, so we missed the connection and eventually arrived at our destination the following day.

The airline says that the two flights are not connected and as the first flight was less than three hours late and the connecting flight departed outside the EU, no compensation is payable.

Is this correct? I believe that the airline are trying to avoid paying compensation but I haven't been able to find anything specific about split flights. I did have a prepaid itinerary of events arranged for the day I missed, so I am out of pocket.

As an aside, we were put up overnight in an airport hotel with only our hand baggage. This included duty free alcohol purchased at LHR. Therefore checking back in the following day, the alcohol was over the 100ml limit and was confiscated. Security were sympathetic but said that it happens all the time. You would think that the airlines would have some sort of system to store these items airside so you could collect them on your return.
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Old 12th May 2017, 16:11
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Originally Posted by Saintsman
The airline says that the two flights are not connected and as the first flight was less than three hours late and the connecting flight departed outside the EU, no compensation is payable.
The airline is correct that no compensation is payable. In fact the first leg would have needed to be over 4 hours late to be eligible.

Flight Compensation Regulation 261/2004
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Old 12th May 2017, 16:29
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I have been looking a bit deeper and as I understand it, it is the arrival time at the final destination that is relevant. Most of the information I have found refers to a single flight and this is quite clear. It's the connecting flight where it is a bit grey.

EUR-Lex - 32004R0261 - EN - EUR-Lex

Article 2 para (h) refers

(h) "final destination" means the destination on the ticket presented at the check-in counter or, in the case of directly connecting flights, the destination of the last flight; alternative connecting flights available shall not be taken into account if the original planned arrival time is respected;
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Old 12th May 2017, 17:56
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Originally Posted by Saintsman
It's the connecting flight where it is a bit grey
Were both sectors on the same ticket?

Your original post made it sound as if they weren't:

Originally Posted by Saintsman
The airline says that the two flights are not connected
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Old 12th May 2017, 18:29
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Well yes and no.

We were travelling to Kochin, but were given one flight to Dubai and one from Dubai to Kochin. You could argue that they were two separate flights, but as you cannot fly direct, you have to take two flights. As far as we were concerned, we were only going on one journey and the change at Dubai should have been get off one aircraft and (just about) get on the next.

On our return, we stopped off at Dubai for a few days. That is what I would consider two separate flights.
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Old 12th May 2017, 22:09
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Saintsman. When you purchased the flights did you make one payment for one flight and a separate payment for the second or was it a single payment?

Then look at the documentation you got from whoever you purchased the ticket(s) from. Somewhere on there you will find a 13 digit number. If both flights have the same 13 digit number I reckon you're covered but if they were diffeernt numbers for London/Dubai and Dubai Kochi then that's not an "official connectiion" and you are not covered.
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Old 13th May 2017, 09:06
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One single payment, with the same airline reference number for all legs.

I have two e-ticket numbers, which I assume is one for the out journey and the other for the return. xxxxxxxxxxx94/95 and the other xxxxxxxxxxx96/97
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Old 13th May 2017, 09:22
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It sounds to me your itinerary was LHR - Dubai - Kochi. If this was purchased as such, it seems to me your contract was to get to Kochi and the planned change in Dubai is immaterial. You arrived more than 4 hours late, your departed from the EU and there were no extraordinary circumstances. Seems simple to me and​ bear in mind pretty much all airlines will initially reject claims.

Push back on them and if necessary use the usual methods to get them to pay up.
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Old 13th May 2017, 14:57
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I've e-mailed the airline and will await their response.

Thanks to those who responded.
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Old 13th May 2017, 20:47
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You use the term "I" which I take to mean only you travelled.. An airline ticket has space for up to 4 flights. Thus ticket xxxxxxxxxxx94 can contain London/Dubai/Kochi/Dubai/ London. You appear to have had four ticket numbers although the way you group them suggests they were each for between 5 and 8 flights (2 sets of four issued "in conjunction". Your grouping could mean there were two of you and the tickets included flights before London and/or after Kochi or that you (alone) had four separate tickets; 94 for London/Dubai 95 for Dubai/Kochi 96 for Kochi/Dubai and 97 for Dubai/London. That can have a significant effect on how the EU regulation applies.
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Old 14th May 2017, 07:08
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Missed connection (outside EU) shortly to go to CoP ...


Court of Appeal to Settle the Question of Delay and Missed Connections | Blog


Any claims likely to be stayed until result. Have provided explanation rather than actual wording for ease of interpretation.
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Old 14th May 2017, 14:13
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I just hope that non-EU airline are treated the same as EU airlines. If you start a journey in the EU to travel from A to B, then every service provider has to meet exactly the same standards. If it means you transit through one, two or three intermediate points then so be it. But the basic fact is that you bought a ticket to go from A to B. That it means a change of aircraft and flight numbers at various points along the route is immaterial. The method of delivery is up to the provider. The same should also apply to rail, bus and ferry public transport services.

Last edited by Piltdown Man; 14th May 2017 at 19:46. Reason: Guess! (spelling, again!)
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Old 14th May 2017, 14:38
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Originally Posted by 111KAB
Missed connection (outside EU) shortly to go to CoP ...


Court of Appeal to Settle the Question of Delay and Missed Connections | Blog


Any claims likely to be stayed until result. Have provided explanation rather than actual wording for ease of interpretation.
Due to be heard by the Court of Appeal at the end of July. Watch this space.
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Old 14th May 2017, 15:47
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PM, for flights from the EU the rules reply regardless of the airline's nationality. To the EU it is a different story. The EU regulation does not apply to non-EU airlines. Their own national rules and regulations apply, whatever they may be.
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Old 14th May 2017, 20:37
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ExXB, I think we have discussed that previously but any airline flying into the EU is to respect 261/2004 regardless of where is based.

Happy to be corrected though.
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Old 14th May 2017, 22:35
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The Regulation makes it clear that it doesn't apply to non-EU airlines flying into the EU, as the previous post pointed out.
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Old 15th May 2017, 14:52
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Regulation text:

Scope

1. This Regulation shall apply:

(a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies;

(b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier.
So to UA or DL operated flights, the regulation does not apply. If a third country has rules in place for flights departing their country, said rules override the regulation for community carriers as well.
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Old 15th May 2017, 14:57
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If you are unhappy, vote with your feet. I haven't flown BA, on a revenue ticket, in over 8 years because I was so angry with them. I did, however, burn all my FF miles before I abandoned them.

Ask some of their competitors if they will match your status if you join their program.

Last edited by ExXB; 15th May 2017 at 15:09.
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Old 15th May 2017, 15:33
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ExXB

to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State
.

I would use the underlined part to claim under 261 for a flight to the EU and refuse to accept what is offered under the third country regulation.


Ask some of their competitors if they will match your status if you join their program.
One of the smartest suggestion in this forum since a long long time.
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Old 15th May 2017, 16:36
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Originally Posted by Rwy in Sight
I would use the underlined part to claim under 261 for a flight to the EU and refuse to accept what is offered under the third country regulation.
That would still be dependent on the part that you omitted from your quote:

if the operating air carrier of the flight concerned is a Community carrier
If you've flown into the EU on a non-EU carrier, you have no claim under 261.
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