The check is in the mail. You’ve heard that one before. Eduardo Hernandez asked us for assistance in helping his parents to get their check for a delayed flight on Emirates. The flight was in August, and Hernandez has been trying ever since to get his parents their payment. However, there was a problem with the refund process, and this time the culprit wasn’t the travel provider. Could the Hernandezes bank on our advocates being successful?
Question: On October 19, 2016, my parents were on Emirates Airlines nonstop from Milan, Italy to JFK. The flight was four hours late. I immediately submitted a claim on their behalf, based on the EU 261 rule regarding delays due to equipment maintenance.
In mid-November, an Emirates representative confirmed that the flight was actually delayed three hours, 52 minutes, and thus the reimbursement would be 300 euros ($316) per passenger, and not 600 euros, which had been requested. She sent forms that had to be printed, completed by hand, scanned and e-mailed back.
In December, I repeatedly inquired as to the status of the confirmed payment, with no replies. Finally, the representative wrote back to say she had never received the forms. They were immediately re-sent. In January, I wrote seeking update on reimbursement. No replies. In February, the representative requested clarification as to the bank routing numbers provided.
At the end of February, she requested a postal mailing address to send a check, saying the bank wire reimbursement had been declined. A mailing address was immediately provided. There has been no confirmation of receipt of the mailing address, and more importantly, no date provided when reimbursement would be provided. Emirates has never called, offered a phone number to contact them, nor explained why they’re not tracking this matter. Presumably, an entire full flight of passengers aboard the A380 aircraft was each due a 300 euro reimbursement.
Could you help me get reimbursed as required by law, and agreed to in writing by Emirates Airlines? The delaying tactic of issuing payments when due is a pattern for which Emirates has lost my respect. Eduardo Hernandez, Yonkers, New York
Answer: You’re a great son for helping out your parents with what turned out to be a complicated reimbursement process. You printed the forms, signed them and sent them back. Payment should have been made in a timely manner, and when it wasn’t, you tried on your own to work it out with Emirates.
1. When an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure:
(a) for two hours or more in the case of flights of 1500 kilometres or less; or
(b) for three hours or more in the case of all intra-Community flights of more than 1500 kilometres and of all other flights between 1500 and 3500 kilometres; or
(c) for four hours or more in the case of all flights not falling under (a) or (b),
passengers shall be offered by the operating air carrier:
(i) the assistance specified in Article 9(1)(a) and 9(2); and
(ii) when the reasonably expected time of departure is at least the day after the time of departure previously announced, the assistance specified in Article 9(1)(b) and 9(1)(c); and
(iii) when the delay is at least five hours, the assistance specified in Article 8(1)(a).
2. In any event, the assistance shall be offered within the time limits set out above with respect to each distance bracket.
Right to compensation
1. Where reference is made to this Article, passengers shall receive compensation amounting to:
(a) EUR 250 for all flights of 1500 kilometres or less;
(b) EUR 400 for all intra-Community [within Europe] flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres;
(c) EUR 600 for all flights not falling under (a) or (b).
In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger’s arrival after the scheduled time.
2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked
(a) by two hours, in respect of all flights of 1500 kilometres or less; or
(b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or
(c) by four hours, in respect of all flights not falling under (a) or (b),
the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 %.
3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.
What the provisions of EU 261 seemed to indicate were that since your parents’ flight was about 6,400 kilometers (about 4,000 miles) and the delay was just under four hours, they were entitled to compensation under Article 7, Paragraph 1(c) of 600 euros each. However,
Emirates amended the compensation with this response:
In Article 6, paragraph 1, section (c), you will note that the requirement for compensation is applicable when the delay arrival is equal to or exceeds three hours if the flight is longer than 3,500 kilometers. In Article 7, paragraph 2, section (c), if the actual arrival time of the flight does not exceed the scheduled arrival time of the flight by four hours, the operating air carrier may reduce the payment provided in paragraph 1 by 50 percent.
The actual delay to this flight was 3 hours and 52 minutes.
In accordance with the EC regulation 261/2004 of the European Parliament and of the Council of the European Union, you are entitled to EUR 300.00 each (Euros Three Hundred only).
Nevertheless, there still was an issue with getting the compensation Emirates promised to your parents. First off, Emirates was proactive by contacting you to say they had not received the paperwork you had sent. Unfortunately, that alone delayed payment by a few weeks as you had to re-submit the forms.
Once the forms finally were received you waited longer than expected for the money to be transferred to your parents’ accounts. Then you finally received this correspondence from Emirates’ representative:
I have been advised that your payments have been rejected by your bank due to incorrect routing bank references.
Would you please advise your mailing address so that our accounts team in the US can mail cheques directly to you.
At this point, you re-sent your parents’ address to Emirates and then gave up trying to solve this international incident on your own when Emirates stopped taking your calls. You could have escalated the complaint with one of the executive contacts at Emirates. We list them on our website. Instead you contacted one of our advocates, who reached out to his contacts at Emirates and determined that there was an issue with your bank making itself available to accept the wire transfer.
There seems to be a problem with many U.S. based banks not having a Swift Code. It’s used to uniquely identify banks and financial institutions globally. It says who and where they are. These codes are used when transferring money between banks, in particular for international wire transfers. You can find your bank’s Swift Code online.
Unable to receive a correct Swift Code for your bank, we were able to arrange for the funds in the form of checks. You were pleased to inform us that you soon received via overnight express two checks representing your parents’ EU 261 settlement.
Another successful advocacy, and a painful lesson learned about international monetary transactions. Congratulations on successfully helping out your parents. Wishing them friendlier skies in the future.