Emirates Airlines Failures and Request for Compensation

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Dec 14, 2018
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#21
This was a “Trip in Vain” you should get you money back and NOT a credit and this is the angle you should work. Also check the Travel Insurance Benefits the Booking Credit Card has....
Thank you. My credit card (Chase Sapphire) will cover baggage delay and trip delay costs by nothing for trip interruption because the cause was technical issues not weather.
 
Dec 14, 2018
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#22
Kari

Sorry to hear about your experience.

1) I would review your trip insurance policy again. Have you filed a claim and they have rejected the claim? Or have you not filed a claim. It would be unusual for a trip insurance policy to exclude mechanical delays but accept other delays.
2) It would be highly unlikely that Emirates will reimburse you for the trekking expedition in Nepal. Again, if you purchased the appropriate trip insurance, this is where trip insurance will reimburse you for the cost of the expedition.
Airlines are not liable for incidental damages. They are only responsible for getting you from point A to point B. If they cannot get you from point A to point B, then their liability is limited.

My take on the matter:
- Push Emirates to refund you the cost of the airfare
- Investigate your insurance policy and file a claim on the cost of the trek
1. I have filed a claim with insurance. The people I have talked to thought it wouldn't be covered, but I went through the file process anyhow just in case. Again, they won't cover technical issues with planes only weather. Same situation with my credit card.
 
Sep 19, 2015
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#23
Is this the insurance policy?

https://www.worldnomads.com/Documen...1&ContentTypeId=3&CountryId=232&ProvinceId=57


Amazingly Chase does not seem to cover delays from mechanical problems -- page 42:

What is not covered by Trip Cancellation insurance?
It does not apply to a Covered Loss caused directly or indirectly from:
• travel arrangements canceled or changed by a Common Carrier,
Tour Operator, or any Travel Agency unless the cancellation is
the result of severe weather or an organized strike affecting
public transportation
 

jsn55

Verified Member
Dec 26, 2014
8,061
7,948
113
San Francisco
#24
OK, I got it now. If the airline states mechanical as a reason for the delay, it's on them to take care of you... pay your hotel and meals, rebook you on that final leg. Had you had just a few more days before the trek, all would have been well. You would have had a nasty experience but you'd be on the trek with your gear or new gear purchased at your destination. Now that you've had a chance to absorb everything we all threw at you, you an see why our job gets difficult sometimes. We're the ones who have to tell you that your experience is just business as usual for an airline and you're the one who has suffered from their actions. But it's true, and we're here to help you retrieve something out of a disaster like yours. Many of our OPs refer to their issues as disasters, but yours definitely was.

Essentially, they lost your gear and didn't ticket you properly for the final leg. Had you not gone home, getting to a trek 2 days late seems to me utterly useless because everyone else will be halfway up the mountain and you're stuck in the parking lot.

I think there's a big responsibility here, but airlines' Conditions of Carriage usually preclude them from doing anything other than get you from Point A to Point B, there's usually no mention of when you should expect to arrive at Point B. The "trip in vain" concept just may apply here. Please review all the posts from my colleagues and make a plan. I'd just ignore your original rather hostile email to them and start over; pretend you never sent it. Decide what kind of compensation would be acceptable. Start with Customer Service. Know that your letter will be read by someone who reads complaints all day long. You want yours to stand out and cause the reader to want to help you. You cannot be too polite or too appreciative. For example, everyone else blames the airline for everything. If you admit that you should have flown in 4 days early (grit your teeth), that you are asking for help so you can plan another trip.

If you would like to post your draft here first, we'll be glad to review it. Our method of consumer satisfaction is not foolproof, but our OPs are often able to make things much better in the long run.
 

jsn55

Verified Member
Dec 26, 2014
8,061
7,948
113
San Francisco
#25
Is this the insurance policy?

https://www.worldnomads.com/Documen...1&ContentTypeId=3&CountryId=232&ProvinceId=57


Amazingly Chase does not seem to cover delays from mechanical problems -- page 42:

What is not covered by Trip Cancellation insurance?
It does not apply to a Covered Loss caused directly or indirectly from:
• travel arrangements canceled or changed by a Common Carrier,
Tour Operator, or any Travel Agency unless the cancellation is
the result of severe weather or an organized strike affecting
public transportation
I am stunned to read this, Christina, thank you so much for posting it. Yet another reason to plan on arriving at your destination MUCH earlier than you need to.
 

jsn55

Verified Member
Dec 26, 2014
8,061
7,948
113
San Francisco
#26
I am stunned to read this, Christina, thank you so much for posting it. Yet another reason to plan on arriving at your destination MUCH earlier than you need to.
Thinking a little further ... what is a trip interruption? I thought it was that your trip was interrupted by something and you can't "get there". In my mind, Kari's trip was interrupted for sure, and she has the same Sapphire coverage that I'm always touting.
 
Dec 14, 2018
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#27
Thinking a little further ... what is a trip interruption? I thought it was that your trip was interrupted by something and you can't "get there". In my mind, Kari's trip was interrupted for sure, and she has the same Sapphire coverage that I'm always touting.
Yep, I'm going to submit another claim anyhow (I doubt they'll reimburse me anything), but its worth a try with Chase.
 
Dec 14, 2018
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#28
Is this the insurance policy?

https://www.worldnomads.com/Documen...1&ContentTypeId=3&CountryId=232&ProvinceId=57


Amazingly Chase does not seem to cover delays from mechanical problems -- page 42:

What is not covered by Trip Cancellation insurance?
It does not apply to a Covered Loss caused directly or indirectly from:
• travel arrangements canceled or changed by a Common Carrier,
Tour Operator, or any Travel Agency unless the cancellation is
the result of severe weather or an organized strike affecting
public transportation
Yep, that is the correct Tripmate/World Nomads insurance. I have already submitted with them for Trip Delay and Trip Interruption. Fingers crossed they'll consider helping me. But likely no.
 
Dec 14, 2018
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#29
OK, I got it now. If the airline states mechanical as a reason for the delay, it's on them to take care of you... pay your hotel and meals, rebook you on that final leg. Had you had just a few more days before the trek, all would have been well. You would have had a nasty experience but you'd be on the trek with your gear or new gear purchased at your destination. Now that you've had a chance to absorb everything we all threw at you, you an see why our job gets difficult sometimes. We're the ones who have to tell you that your experience is just business as usual for an airline and you're the one who has suffered from their actions. But it's true, and we're here to help you retrieve something out of a disaster like yours. Many of our OPs refer to their issues as disasters, but yours definitely was.

Essentially, they lost your gear and didn't ticket you properly for the final leg. Had you not gone home, getting to a trek 2 days late seems to me utterly useless because everyone else will be halfway up the mountain and you're stuck in the parking lot.

I think there's a big responsibility here, but airlines' Conditions of Carriage usually preclude them from doing anything other than get you from Point A to Point B, there's usually no mention of when you should expect to arrive at Point B. The "trip in vain" concept just may apply here. Please review all the posts from my colleagues and make a plan. I'd just ignore your original rather hostile email to them and start over; pretend you never sent it. Decide what kind of compensation would be acceptable. Start with Customer Service. Know that your letter will be read by someone who reads complaints all day long. You want yours to stand out and cause the reader to want to help you. You cannot be too polite or too appreciative. For example, everyone else blames the airline for everything. If you admit that you should have flown in 4 days early (grit your teeth), that you are asking for help so you can plan another trip.

If you would like to post your draft here first, we'll be glad to review it. Our method of consumer satisfaction is not foolproof, but our OPs are often able to make things much better in the long run.
Thank you! So, is it unreasonable to ask for my the trek and airline reimbursement? Ideally that's what I would like to see. I didn't get to do what I had planned, and now am $3k poorer...because of Emirates and won't be able to do this trek if I don't get reimbursed. If you think that's acceptable, I'll work up a draft and post here for feedback. Also, would you send the new email to the contact I have heard from thus far?
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
17,506
15,836
113
New York
www.promalvacations.com
#30
That’s the issue- she didn’t leave enough time for something like this happening. You should arrive st least two days before an expensive, once in a lifetime trip begins especially when traveling to distant countries where there aren’t multiple flights a day

Unfortunately we live in a world where you have to assume your flights aren’t going to get you to whets you need to be on time and everyone needs to be proactive in thinking the worst case scenario.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
17,506
15,836
113
New York
www.promalvacations.com
#31
Thank you! So, is it unreasonable to ask for my the trek and airline reimbursement? Ideally that's what I would like to see. I didn't get to do what I had planned, and now am $3k poorer...because of Emirates and won't be able to do this trek if I don't get reimbursed. If you think that's acceptable, I'll work up a draft and post here for feedback. Also, would you send the new email to the contact I have heard from thus far?
If the insurance doesn’t cover mechanical delays no, you won’t be reimbursed for the trex which I’m sure is a terrible disappointment. In the future when you ate doing a once in a lifetime trip you have to plan on the worst case scenario and get there two or three days before in case something like this happens.

The airline is only obligated to get you ftom point a to point b. If you read the DOT Airline Passenger Act schedules are never guarantee- which was a real eye opener to me when I saw how little the airline is actually responsible for:

https://www.transportation.gov/airconsumer/fly-rights
 
Mar 14, 2018
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#32
I effectively lost all of the following:

· $1,445 which is the cost of my trek tour in Nepal
· $1,270.97 for my flight costs
· $2,500 which is the cost of all my expensive hiking and camping gear in my bag
Here are my suggestions on how to move forward:

1) Cost of hiking/camping gear. If I understand Emirates letter, they did eventually return your bag so you haven't lost this
2) Flight costs. As others have said, this was a trip in vain. I suggest writing Emirates again and ask them to refund (only) your airfare. As a fallback, you could ask for a credit that you can use later.
3) Trek costs. As you have learned, this is not covered as a Trip Cancellation or Interruption. However, it may be covered by WorldNomads as a Trip Delay. (They may deny this because you never actually reached your destination.) Still, I'd suggest filing a claim saying your arrival would have been delayed by 2 days causing you to miss your trek, and that you are owed $500 under the terms of your policy.
 
Dec 14, 2018
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#33
Here are my suggestions on how to move forward:

1) Cost of hiking/camping gear. If I understand Emirates letter, they did eventually return your bag so you haven't lost this
2) Flight costs. As others have said, this was a trip in vain. I suggest writing Emirates again and ask them to refund (only) your airfare. As a fallback, you could ask for a credit that you can use later.
3) Trek costs. As you have learned, this is not covered as a Trip Cancellation or Interruption. However, it may be covered by WorldNomads as a Trip Delay. (They may deny this because you never actually reached your destination.) Still, I'd suggest filing a claim saying your arrival would have been delayed by 2 days causing you to miss your trek, and that you are owed $500 under the terms of your policy.

Okay, so this was sort of struggle....but how does this sound for a response to Emirates?

Hello, please forgive me for my previous response. This whole process has been extremely emotionally draining, frustrating and disappointing. I had a dream trip planned to Nepal that took me a long time and effort to save the money for.

I have spent the past month trying to figure out if I could re-coop any of the costs of my failed trip. My travel insurance won’t cover my missed trek because ,I believe, your airline has filed the Flight 238 issues as technical problems (they only cover weather). Nor will my credit card.

So, because I wasn’t able to make it to Nepal due to a series of missteps on Emirates part, I would like to ask for a ‘Trip in Vain’ compensation. So that would break down as listed below:

$1,445 which is the cost of my trek tour in Nepal
$1,270.97 for my flight costs
$152.71 for the additional international phone bill costs that were incurred by having to communicate repeatedly with your staff in Dubai in attempt to locate my lost baggage
TOTAL: $2,868.68


Please let me know your thoughts. I would really love to attempt this trip in the new year and do so with your airline. Thank you again for responding to my initial contact with you and I look forward to hearing your response.

Kari Moyer
 
Dec 14, 2018
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#34
Thank you! So, is it unreasonable to ask for my the trek and airline reimbursement? Ideally that's what I would like to see. I didn't get to do what I had planned, and now am $3k poorer...because of Emirates and won't be able to do this trek if I don't get reimbursed. If you think that's acceptable, I'll work up a draft and post here for feedback. Also, would you send the new email to the contact I have heard from thus far?
So, I posted this response below as well, so feel free to respond to that...but how does this sound?

Hello, please forgive me for my previous response. This whole process has been extremely emotionally draining, frustrating and disappointing. I had a dream trip planned to Nepal that took me a long time and effort to save the money for.

I have spent the past month trying to figure out if I could re-coop any of the costs of my failed trip. My travel insurance won’t cover my missed trek because ,I believe, your airline has filed the Flight 238 issues as technical problems (they only cover weather). Nor will my credit card.

So, because I wasn’t able to make it to Nepal due to a series of missteps on Emirates part, I would like to ask for a ‘Trip in Vain’ compensation. So that would break down as listed below:

$1,445 which is the cost of my trek tour in Nepal
$1,270.97 for my flight costs
$152.71 for the additional international phone bill costs that were incurred by having to communicate repeatedly with your staff in Dubai in attempt to locate my lost baggage
TOTAL: $2,868.68


Please let me know your thoughts. I would really love to attempt this trip in the new year and do so with your airline. Thank you again for responding to my initial contact with you and I look forward to hearing your response.

Kari Moyer
 
Dec 14, 2018
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#35
If the insurance doesn’t cover mechanical delays no, you won’t be reimbursed for the trex which I’m sure is a terrible disappointment. In the future when you ate doing a once in a lifetime trip you have to plan on the worst case scenario and get there two or three days before in case something like this happens.

The airline is only obligated to get you ftom point a to point b. If you read the DOT Airline Passenger Act schedules are never guarantee- which was a real eye opener to me when I saw how little the airline is actually responsible for:

https://www.transportation.gov/airconsumer/fly-rights

So, I posted this response below as well, so feel free to respond to that...but how does this sound?

Hello, please forgive me for my previous response. This whole process has been extremely emotionally draining, frustrating and disappointing. I had a dream trip planned to Nepal that took me a long time and effort to save the money for.

I have spent the past month trying to figure out if I could re-coop any of the costs of my failed trip. My travel insurance won’t cover my missed trek because ,I believe, your airline has filed the Flight 238 issues as technical problems (they only cover weather). Nor will my credit card.

So, because I wasn’t able to make it to Nepal due to a series of missteps on Emirates part, I would like to ask for a ‘Trip in Vain’ compensation. So that would break down as listed below:

$1,445 which is the cost of my trek tour in Nepal
$1,270.97 for my flight costs
$152.71 for the additional international phone bill costs that were incurred by having to communicate repeatedly with your staff in Dubai in attempt to locate my lost baggage
TOTAL: $2,868.68


Please let me know your thoughts. I would really love to attempt this trip in the new year and do so with your airline. Thank you again for responding to my initial contact with you and I look forward to hearing your response.

Kari Moyer
 
Mar 14, 2018
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#37
All a "trip in vain" usually refunds is the airfare. It probably doesn't hurt to ask for more, but you should temper your expectations. As I said earlier, I think your best bet to recover (partially) your other costs is through a Trip Delay claim with World Nomads.
 
Dec 19, 2014
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#38
Dunno, I think you may get a better response from Emirates Airline if you only ask for compensation for the airfare. Although, it was the airline that caused you to miss your trek, the airline is not going to be responsible or take responsibility for consequential damages.
 
Sep 19, 2015
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#39
I have to agree that no airline will pay for consequential damages. The best chance is just to ask for airfare back.

I am being realistic in what an airline will pay — (not diminishing what the OP went through and it was a service fail not rebooking the OP properly and the lost luggage) and am afraid that the person will fixate on the hike cost and just respond no to the entire email.
 
Likes: Neil Maley
Dec 14, 2018
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#40
I have to agree that no airline will pay for consequential damages. The best chance is just to ask for airfare back.

I am being realistic in what an airline will pay — (not diminishing what the OP went through and it was a service fail not rebooking the OP properly and the lost luggage) and am afraid that the person will fixate on the hike cost and just respond no to the entire email.
Thanks for your response. I figure we are at the negotiation phase right now. So if I ask for more, they can work down from there. Fingers crossed at least.