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Old 4 Aug 19, 08:33 AM  
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#31
Jennywren
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Hi Everyone

I am posting the link I put up in this thread earlier again as I think a lot of you may have missed it.

euclaim/blog/new-c...side-of-the-eu

Essentially my reading f this article indicates that there has been a test case in the European Courts clarifying the rules about compensation where it is the second leg of the journey which has been delayed. As long as you bought a thru ticket and started your journey in the EU even if the second leg started outside the EU and the delay was not due to extraordinary circumstances you should be covered for EU Compensation.

Hope this helps.
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Old 4 Aug 19, 01:31 PM  
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mumsthebigkid
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Update. I have called VA this morning and spoke to Customer Relations department. Advised the situation and they advised to put the claim through anyway. Form now completed and sent!

Will update post when I hear the outcome as this seems to be a grey area with connecting flights outside EU with a non EU carrier. I am sure I am not the first and definitely won't be the last person in this situation as per OP original post.

I am keeping fingers crossed as although operating airline was Delta, I had a VS airline flight number, which I am hoping will hold some weight to the application.

Hopefully be back in 21 days! ;-)
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Old 6 Aug 19, 01:47 PM  
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mumsthebigkid
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Hi all

Just popping in to update where we are so far and to give a heads up to our fellow dibbers.

Contacted the travel insurance this morning, which for the record, I have via my bank and pay a monthly fee towards. I have never made any claim against my travel insurance and have been a customer of this bank for over 30 years!

Anyhow, they are refusing to pay out for the loss of one nights accommodation due to flight delay. Their reasoning is this is a loss not an additional cost which they would have paid out for!?! I would stress my fellow dibbers double check their policies when booking DIY as to avoid someone else ending up in the same boat.

So as it now stands basically VA won't pay for the loss and the travel insurance won't pay for the loss either. The only ones out of pocket is us!

With regards to the delay claim as per EU Regulation 206/2004, which we calculated was just short of 9 hours, we have today, received what appears to be an automated rejection from VA, which was sent to us at 5am! Their basis of rejection was non EU carrier operating flight (for those just jumping into thread it was a connecting Delta flight delay down to MCO). I have, of course, responded on the basis of a through ticket purchased with an EU carrier from and EU origin, however, it is looking very unlikely

I am sure our experience is not a common one thankfully, however, just to give everyone a heads up on clarifying what is and whats not covered on insurance and be mindful that connecting flights outside the EU means you are basically on your own, should delays or cancellations happen.

Will of course keep you posted, should the outcome change.
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Old 6 Aug 19, 02:05 PM  
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#34
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Mmm. Challenging. I would be quoting the eu court of justice ruling back at them ( the article unfortunately doesn't give details of the ruling number but it should be googlable.

If this is the grounds for their refusal not sure that they have a leg to stand on given the above. However I would read the ruling carefully, Claudette indicated it was if there was a delay on the first leg but the EUCJ ruling as referenced in the article doesn't specify that. I would check before you push back. And if in the right push back hard.

Now if they had said the storm.etc was extraordinary circumstances and they were not upholding it then that would be shutting it down completely. But they didn't so therefore must assume that they did not consider the storm to be an extraordinary circumstance. Let's hope they keep it that way.
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Old 6 Aug 19, 02:15 PM  
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Slightly different circumstances. In July 2018 my daughter and her friend booked a journey from Budapest to Delhi with Ukraine Airlines, connecting in Kiev. (Long story, they were in Budapest for a music festival, flight booked separately.) The day before they were due to fly from Budapest (in EU), Ukraine Airlines emailed that the second part of their flight, Kiev (notEU) to Delhi had been cancelled, and the next flight was four days later. They had already booked and paid for accommodation and excursions in India. The airline said they would refund the cost of the flight (which they had found quite cheap) but nothing more. To salvage their holiday they decided to buy Emirates flights to Delhi, which were several hundred pounds more.
After returning to the UK they made compensation claims to Ukraine Airlines, and chased up several times but received no reply. Eventually they complained to the CAA who gave them contact details of a Hungarian government department. Within a few days of contacting this department they were contacted by Ukraine Airlines asking for their bank details to send the €600 compensation, which they soon received.
So don’t let the airline fob you off!
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Old 6 Aug 19, 02:21 PM  
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mumsthebigkid
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Originally Posted by FamilyGWales View Post
Mmm. Challenging. I would be quoting the eu court of justice ruling back at them ( the article unfortunately doesn't give details of the ruling number but it should be googlable.

If this is the grounds for their refusal not sure that they have a leg to stand on given the above. However I would read the ruling carefully, Claudette indicated it was if there was a delay on the first leg but the EUCJ ruling as referenced in the article doesn't specify that. I would check before you push back. And if in the right push back hard.

Now if they had said the storm.etc was extraordinary circumstances and they were not upholding it then that would be shutting it down completely. But they didn't so therefore must assume that they did not consider the storm to be an extraordinary circumstance. Let's hope they keep it that way.
Im a kind of act first think later person

Within my response I advised that I had been 'made aware' of a ruling by the European Court of Justice, however, held back on quoting my source

I strongly reiterated the 'through ticket' argument and that flight had originated with EU. It may be just falling on deaf ears, however, I am going to try to get full clarification on where we and others stand with this. So many of us DIY these days, especially to minimise costs during inflated school holiday periods.

Im not expecting much tbh, but to be financially out of pocket on accommodation is not great, given what's already been paid out.
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