My family and I went to Rio de Janeiro to celebrate New Year on the famous Copa Cabana beach in Brazil for a once in a lifetime trip.
We flew with Emirates via Dubai on an evening flight from London Heathrow with the three return economy tickets costing almost £3,000.
Our flight to Rio was delayed by 24 hours due to a medical emergency on board and we had to land in Cyprus, offload the sick passenger and their bag from the hold but we still couldn’t continue.
The aircraft had presumably descended quickly from its cruising altitude and was still iced up.
One passenger said he wants compensation after his flight to Rio was delayed by 24 hours
We were unable to take off again until the sun came up and melted the ice as there was no de-icing equipment available.
I wouldn’t claim for a delay caused by a life or death emergency but the rules state that airlines, not airports, are responsible for de-icing equipment.
Under my understanding of the EC Regulation 261/2004 on flight delay compensation, I have a valid claim against Emirates.
Can you help me assess whether I have a legitimate claim against Emirates? And whether these claim firms are safe to use?
Grace Gausden, This is Money, replies: Thousands of travellers are currently trying to claim money back from airlines as nearly all flights have been cancelled due to the coronavirus.
However, your query is unusual and happened a few months before the pandemic.
Your flight was delayed due to the fact the proper de-icing equipment was not at the airport – not surprising, given that a Cypriot airport is unlikely to face this problem very often.
It unfortunately meant you missed a whole day out of your once in a lifetime trip to Rio.
Although you contacted Emirates to make a claim for compensation, suggesting it was their incompetence that led to your 24 hour delay, it did not seem to fully understand your complaint.
Emirates said that it couldn’t be expected to pay out because a sick passenger was on board, not acknowledging that was not the nature of your complaint.
A reader’s trip to Rio was shortened as the airline didn’t have the correct de-icing equipment
Instead, you were trying to claim for the fact it had failed to ensure adequate de-icing equipment was on site.
Whilst under law airlines do not have to provide compensation for extraordinary circumstances, not having the correct de-icing equipment has been interpreted by flight delay claim experts as a non-extraordinary situation – and the onus is on the airline to supply it.
You said that you tried to enlist the help of a no-win no-fee law firm that specialises in flight delay compensation as its website said it looks like you could have a legitimate claim.
However, the terms and conditions worried you as it said if you lose your claim you may have to pay court costs. This is was obviously a concern as this could potentially reach thousands of pounds.
Coby Benson, flight delay compensation solicitor at Bott and Co, replies: The European Court of Justice says delays have to be broken down into their constituent parts and if over three hours of the delay is due to extraordinary circumstances then compensation is not recoverable.
Generally speaking, a medical emergency would be regarded as an extraordinary circumstance and I suspect a court would consider de-icing to also be classed as an extraordinary circumstance, as it occurred away from their home base.
However, it all comes down to the evidence in a particular case.
We would advise that this passenger refers the claim to the Civil Aviation Authority to get their opinion (you can do that here).
While the CAA’s opinion isn’t binding, the airline may pay out if ordered to do so.
Adam French, Which? consumer rights expert, replies: Passengers should submit a claim to the airline, but if rejected can escalate to an alternative dispute resolution scheme to try and settle the matter out of court.
Claims management companies can help you take the airline to court however, if successful, they could take a significant portion of your compensation.
It is also possible to take an airline to small claims court without a claims firm, but it is worth seeking legal advice and noting there will be fees and costs involved.
Grace Gausden, This is Money, adds: This is Money contacted Emirates for comment but never received a response.
It will now be your decision whether you think it is worth continuing with your claim for compensation against Emirates.
To continue may be risky as you have no guarantee that you will get your money back and could fork out for court fees but, on the other hand, you could win big.
Going to the small claims court should be your last resort as it is likely to be costly.
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