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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50167
Experience:  Qualified Solicitor
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My wife and I had a flight delayed from Dubai to Sydney by

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My wife and I had a flight delayed from Dubai to Sydney by eleven hours. This was due to technical problems with two aircraft. WE lost a day in Sydney , could not meet friends and were exhausted for the first 3-4 days of our cruise.
We have been offered 30,000 Skyward miles as compensation which is not acceptable and we had my suggestion of £500 each or a business class return each to the far east turned down. Do you think this is unreasonable should I accept or pursue it.
Yours sincerely ***** ***** Wharton.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Please can you briefly outline the terms of the booking you had with Virgin. Please can you also tell me how long ago this was. Thank you.
Hi there. Thank you for your request for a phone call. I am unable to talk at the moment but if you provide the information requested, I will review the relevant information and laws and get back to you as soon as I can. Please do not respond to this message after you have provided the information as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.
Customer: replied 1 year ago.
In reply to your question, the flights were with Emirates and were economy tickets from Heathrow to Sydney via Dubai.
Thanks for your patience. The issue here is that you are unlikely to be covered by the relevant EU legislation on flight delays, which gives you the best protection in terms of compensation. The European Regulation No 261/2004 is the relevant law but it only applies to European carriers or to flights which either start or originate in an EU Member State. The flight you were concerned with was a Dubai to Sydney leg with a non-European airline so you will not be covered by this legislation. This is where the compensation of 600 euros would have come from but this will not be applicable in the circumstances. So as far as I can advise on EU law, you will not be covered and you would need to rely on any insurance you had in place which may have covered you for delays. I cannot say if there are any laws local to UAE or Australia which you may be covered by due to the connections to these two countries but you would need to seek advice from legal experts from there to clarify that. However, as far as UK and European legislation is concerned, which is all I can advise on, you will sadly not be covered in the circumstances so technically you may not be able to claim the financial compensation or the upgraded option you have suggested. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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