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Flight cancelled

Discussion in 'Consumer Concerns' started by bigmac, Jul 11, 2019.

  1. bigmac
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    bigmac Well-Known Member Trusted Member

    Ive just had to book another ferry crossing for tomorrow..todays was a cheaper day return. Cost more to amend it than buy another.
  2. PorkAdobo
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    PorkAdobo Active Member

    If the flight from HKG to the EU was operated by an EU carrier, it would be eligible for compensation (assuming it wasn't unforeseeable circumstances). Unfortunately, flying Cathay Pacific will mean the EU Reg is not applicable. On a standard roundtrip journey UK-MNL-UK, only half the trip would be protected by the EU Reg if you fly Cathay, Emirates etc, whereas the entire journey is protected if you fly BA, Virgin, Lufthansa etc.

    But fear not. When we regain our sovereignty there will be no more confusion or ambiguity. We will all be eligible for zero compensation. How dare those unelected bureaucrats try and protect the consumer:mad::mad::mad::mad:
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  3. Markham
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    Markham BANNED Lifetime Member

    No Jim. Mrs Mac's flight to Hong Kong was to have been with DragonAir, a subsidiary of Cathay Pacific that mainly flies between Hong Kong and various Chinese cities. It has regional aspirations, hence its routes to Manila and, I believe, Jakarta and Kuala Lumpur. Nevertheless, its flight between Manila and Hong Kong is not covered by EC261 since neither city is in the European Union.

    Cathay will doubtless tell the Macs that it did everything it could to accommodate Mrs Mac on its flights today but, alas, it was unable to do so on its own services. It therefore transferred her to Singapore Airlines at its own expense (that routing is more expensive).
  4. Markham
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    Markham BANNED Lifetime Member

    You're wrong: the delayed flight is operated by a non-EU carrier between two non-EU cities. No compensation is due.

    This is NOT the place to make contentious political statements that are wildly inaccurate. The relevant EC Directive will continue in English/Welsh and Scottish laws unless or until it is modified or repealed.
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  5. Markham
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    Markham BANNED Lifetime Member

    You might be able to make a claim against Cathay for the cost of that new booking, Malcolm. Keep all the paperwork!
  6. PorkAdobo
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    PorkAdobo Active Member

    That is pretty much what I said. The delay of the MNL-HKG flight, a flight between 2 non-EU airports, is not eligible for compensation. We are agreed on that. However, that delay has caused the customer to miss the onward flight from HKG to the EU. The fact that CX is non-EU airline means that the airline is off the hook with regards to EU compo for this sector.

    Oh you are such a spoilsport!

    However (my fave word), EU Reg 261 is not English or Scottish law. It is European law. There is nothing to repeal or modify in English law. If the UK leaves the EU, those tyrannical EU laws leave as well. It will be up to the government of the day if they wish to adopt aspects of European law into English law. The realist in me understands that most laws will probably be maintained. However, do you trust that fat, floppy haired gimp who looks set to become next PM?
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  7. Dave_E
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    Dave_E Well-Known Member Trusted Member

    Not certain why you have to pollute this thread with personal abuse of our likely next prime minister.
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  8. PorkAdobo
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    PorkAdobo Active Member

    It seems like Mac’s missus is en route home now, so the practical advice is not needed anymore. I’m sure he’s capable of getting to the mainland on his own steam.

    Due to the way in which the cult of Brexit has developed over the past year, there’s a very good chance that Corbyn will succeed the fat floppy haired gimp as PM. I recall him receiving plenty of personal abuse on this forum (and rightly so - I’m no fan of that senile anti Semite).
  9. Markham
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    Markham BANNED Lifetime Member

    I suggest you re-read my previou reply and if you still can not understand, ask teacher in class tomorrow to explain.

    Even if Mrs Mac was flying BA or Virgin Atlantic she would not be covered for compensation. The delayed flight was neither by a EU carrier nor between 2 EU cities. Similarly, if her delayed flight was with PAL or Cebu Pacific she would still not be entitled.

    Where have you been hiding for the last couple of years - oh no, don't tell me, I might get jealous! All EU Directives have been assimilated into English law and will continue to apply post-Brexit.
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  10. PorkAdobo
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    PorkAdobo Active Member

    I’m not sure what we are arguing about here.

    We established about an hour ago that there was no compo due to this being a non EU airline flying between 2 non EU airports.

    We also established that the ultimate flight into the EU was a non EU carrier so not eligible.

    The query (which I have lost track of now) was whether compo could be claimed for the consequential delay from HKG. We established there was no compo beyond CX’s goodwill or any HK law if they happen to cover passenger rights.

    This specific law is an EU Regulation. It is unlike, for example, GDPR, which had to be adopted into English law.
  11. PorkAdobo
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    PorkAdobo Active Member

    In fairness, I see where you are coming from now. I have re-read my reply previously. The hypothesis was the entire journey being on the same airline. It was not about being eligible if connecting CX-BA in HKG.

    You are still completely wrong in noting the difference between EU regulations and directives, however. It’s a shame that 3 years into this mess there is still a lack of understanding of the facts.
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  12. Markham
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    Markham BANNED Lifetime Member

    I have not noted any such difference. That, sir, would be you. The entire corpus of EU legislation has been assimilated into English Law and will be gone through over time, pruned as necessary.

    Edited to add: You might want to read-up on The European Union (Withdrawal) Act, 2018 (formerly known as the Great Repeal Bill). This contains all the necessary provisions for incorporating existing EU law into our national legal corpuses. There will be two main differences between what's in effect now and that post-Brexit:
    • ECJ case law will cease to be binding our courts - the legislation permits courts to depart from ECJ case law after applying the same test as they would apply in deciding whether to depart from their own case law.
    • The Charter of Fundamental Rights of the European Union will cease to be a part of UK law after Brexit.
    Last edited: Jul 11, 2019
  13. Markham
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    Markham BANNED Lifetime Member

    Just check flightradar and Mrs Mac's A380 departed Singapore over an hour late and is now due at Heathrow at 6.36am.

    She's just crossing the Pakistan coast just to the west of Karachi:

    upload_2019-7-11_23-58-12.png
  14. bigmac
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    bigmac Well-Known Member Trusted Member

    Flight landed at 6.30. I just hope shes on it
    Had no communication since last night.

    Just had text..she is on it!
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  15. Macchiato
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    Macchiato Member

    Hurrah! Sounds like you've had a fun couple of days ferrying around BigMac! Hopefully that should be the last trip over now with a plus one ;)
  16. bigmac
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    bigmac Well-Known Member Trusted Member

    so--today my wife is unpacking her 23 kg suitcase--which went out full of clothes shoes gifts etc for her extended family. that was nice of her.
    however, it has come back packed full of food stuffs. like--root crops, bitter melons, pickled bamboo shoot, pickled papaya, a years supply of magic sarap, corn , sweets, toffees, okras, dried fish, and canned fish sauce....one of which she has opened--opened the plastic bag inside and decanted the liquid into 2 large coffee jars. it looks like diahorrea.

    arent i the lucky one.
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  17. Stupot10
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    Stupot10 Active Member

    You sure are, especially when she cooks the dried fish. :D:lol::(
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