NSW Is Emirates Airlines in Breach of International Aviation Laws?

[MariaLH]

Hi,

I'm just wondering if anyone can please assist me with which International Aviation Laws would cover (if any) and where to lodge my complaint against Emirates Airlines for the treatment of my husband and myself when we were involuntarily denied boarding for 'health' reasons.

As Australian citizens we are not covered by the Euro Union Laws Regulation (EC) no 261/2004 which protect their citizens against things similar to what has ensued to us below and of which I'm sure Emirates are much more aware than myself. I've tried to research but found out we seem to fall between the cracks based on our situation. Seemingly cannot talk to anyone at Emirates in Australia about our legitimate complaint.

We were denied boarding against our strong wishes from Dubai to London. We had flown in from Sydney to Dubai on 1/6/17 and the flight we were denied boarding from Dubai to London was a pre-booked connecting flight with a 1.5hr wait.

Outline of what transpires - I had suffered a little motion sickness five mins out from landing (at Dubai, not uncommon for me), asked at the boarding gate of the next flight from Dubai if there were any ginger or motion sickness tablets available for precautionary reasons on landing at London. The attendant said she'd a call media cab and they may have something. All good.

We started to realise it was taking a while and the plane was boarding quickly, and told her to forget about it as it was not that important and we didn't want to miss boarding our flight. She said, "no problem, you won't. We will take care of you, etc, etc."

Meds cab arrives and we ask if they have any trav/ginger tabs. He states no and we reply that was ok, sorry to bother and we will catch our flight as we were all still at gate. It's only at this point we are then told that we can't board once medi cab has been called. I became extremely distressed as this was entirely a misunderstanding on the Emirates attendant's part. My husband asked when the next flight to London was and was extremely distressed to hear we had an 11.5hrs wait.

I was taken to be medically checked and kept a suspect mandatory thirty mins again against my will and naturally all was ok. I have no other known health conditions (hate to think if that was not the case). We were left completely on our own afterwards to rebook and no help was afforded to us although we were involuntarily denied boarding.

We explained to attendant what transpired and rebooked our flights to London. She was embarrassed to tell us that we would have to pay for the tickets. She stated that she hasn't got the access to override the system for this extra payment but her supervisor could.

After awaiting his return to duty we calmly explained but he was completely unsympathetic or understanding and replaced with a hasty decline of our request to have the additional charges for flight dropped. We have written to Emirates about the matter, but they not only were completely denied our claim, they have been grossly misinformed about facts as they occurred on the day in question. We 100% stand by what we have claimed to be absolutely true and accurate.

They denied our claim with a reply that was completely untrue stating I was vomiting at the gate!

I asked Emirates Customer Service to please supply me with evidence of this absolutely false claim. They would not and simply added that they are sorry their 'opinions is different to mine and the case is closed. I have responded that this should all be based on facts not opinions and want verification of there claims and by whom.

We are extremely upset at the whole event and even more distressed at the 'opinion' they presented to us to deny the claim. After sending their misinformation about what transpired in reply to us, they stated the case was closed! They did not or were not willing to substantiate their 'version' of events. We are extremely bothered by the misrepresentation of what transpired.We had no right of reply.

In addition Emirates Airlines offered us absolutely no assistance in rebooking, provided no information or vouchers and charged us for new flights on top of the huge distress and delays to our holiday after a long haul trip from Australia

Some possible avenues open to us in Australia to pursue this matter are not able to help due to the fact it was an international airline involved.

Any assistance you can offer and steer me in the correct direction on how to lodge our complaint would be truly appreciated as we feel this matter (and what happened to us), should not just be swept under the carpet by Emirates.

Hoping someone can steer me in right direction.

Thanks if you made it this far

 

[Matthew Karakoulakis]

Hi Maria,

We are sorry to hear about your experience. The starting point in your situation is to first look closely at the documents (conditions, contract terms and conditions etc) you were given at the time of purchase of the ticket. I think if someone is denied boarding involuntarily, they are entitled to compensation. Furthermore, you may be entitled to a remedy under Montreal Convention 1999.

Please feel free to contact us if you like to discuss the situation over the phone or email.

 

[MariaLH]

Hi Matthew,

Thank you for your reply.

I've looked at the Emirates' 'conditions of carriage' and from what I can see our problem doesn't quite fit. This is because Emirates replied that "I was vomiting at boarding gate". This is completely untrue.

I did ask for evidence of this because we vehemently deny that claim and they refuse to answer where they got this untruth. They claimed it would break confidentiality and the case was closed. Didn't think it would break confidentiality if they just named the position held, i.e. assistant at gate, etc. but there it is.

I can only assume that they told the untruth because that places us in the denied boarding due to 'health reasons' category. That makes it much more difficult to argue based on the conditions of carriage as I read them. 7.3.2 states that if there is doubt they can deny. However in my case there would've been no doubt other than me asking in passing if there was any trav/ginger tabs on board for landing in London and precautionary reason only.

This was because I've availed myself to some on previous flight some time ago, it's not totally uncommon for airline not to carry on board.

I'm not sure how we can prove that we are telling the truth but we are. I have a medical certificate which states that I'm fit for travel approx thirty mins after this event at boarding gate. I told the medic that I began to feel unwell five mins outside Dubai after bumpy landing but it was due to motion sickness not uncommon for me at all. I was upright and talking at the gate (albeit very distressed) and did not seek medical help or stewardess' on flight or afterwards and as I was fully recovered afterwards ready for next flight.

I was provided by medics with a slip (non prescription) stating that I should get some travel tabs . We were not charged for medical examination and I can only presume Emirates did pay for that. ..would this be in our favour due to the fact that if I needed genuine assistance I'm sure I would've been charged? We did not request this medi help.

Thank you for your kind offer and also suggesting the Montreal convention as a starting point. I will read up on that. Any particular area?

Frustratingly it's impossible to talk to anyone in Australia from Emirates about this matter and since they've come up with their manufactured reply it's difficult but I'll keep trying.

Thanks for reading.


Some Emirates conditions of carriage relevant to our event.

1. 7.1.7 your mental or physical state, including your impairment from alcohol or drugs, appears to present a hazard or risk to yourself, or to Passengers, or to crew, or to the aircraft, or any person or property in it, or represents a likely or actual source of material annoyance or discomfort to other Passengers aboard the aircraft if you were to proceed to travel in the class in which you are booked or in which you have agreed to travel. If you are flying to or from the U.S.A., application of local rules may mean that you do not need to comply with some of the requirements set out in this Article 7.1.7.

7.2 Reimbursement of costs

If you are refused carriage for any of the reasons set out in Article 7.1, you will reimburse us for any costs we incur resulting from: (a) repair or replacement of property lost, damaged or destroyed by you; (b) compensation we have to pay to any Passenger or crew member affected by your actions; and (c) delaying the aircraft for the purpose of removing you and/or your Baggage. We may apply towards such payment or expenditure the value of any unused carriage on your Ticket, or any of your funds in our possession.

7.3 Fitness to fly

7.3.1 Before boarding the aircraft for carriage you must be reasonably satisfied that you are medically fit to fly. If you have been advised that you are fit to fly provided certain precautions are taken (for example, use of medication) it is your responsibility to ensure that all such precautions are in fact taken before, during and after your flight (as the case may be) and that you will be able to produce any written evidence of your fitness to fly required by these Conditions of Carriage. To check if evidence of fitness to fly is required, see Articles 7.3.2 and 7.5, as well as Article 7.3.4 if you are flying to or from the U.S.A.

7.3.2 If doubt exists about your fitness to fly, you may not be accepted for carriage unless you have satisfied one of the three requirements set out in Articles 7.3.2(a) to (c). If you are flying to or from the U.S.A., you may be exempt from part or all of these requirements – see Article 7.3.4.


7.3.2(a) You have produced to us no later than 48 hours before flight a medical report from an appropriately qualified doctor, bearing a date no more than 10 Days before your flight, which confirms your fitness to travel on all flights on which you intend to travel; or

7.3.2(b) You have completed and produced to us no later than 48 hours before flight a Medical Information Form (MEDIF - which is most useful where your fitness to fly is in doubt because of a recent illness, disease, treatment or operation) and we have confirmed that we are able to provide you with carriage; or

7.3.2(c) You have completed and produced to us no later than 96 hours before flight a Frequent Travellers Medical Card (FREMEC - which is most useful where your fitness to fly is in doubt due to a permanent or chronic illness or disease or you require long term medical treatment) and we have confirmed that we are able to provide you with carriage.

7.3.3 Permission to fly is required from our medical department at least 48 hours before your flight (or such shorter period as we in our absolute discretion may decide) if it appears to us that you may have a disease which meets any of the following criteria unless you are flying to or from the U.S.A., in which case different rules may apply (see Article 7.3.4 regarding U.S.A. rules):

7.3.3(a) which is believed to be actively contagious or communicable and life threatening to other Passengers or crew; or

7.3.3(b) which may cause or induce unusual behaviour, or a physical condition, which could have an adverse effect on the welfare and comfort of other Passengers or crew members; or

7.3.3(c) which is considered to be a potential hazard to the safety of the flight; or

7.3.3(d) which may cause the flight to be diverted or perform an unscheduled stop.

 

[Matthew Karakoulakis]

Hi Maria,

We will have to look at the entire documentation to determine the remedy available. Generally, there is a provision for payment of denied boarding compensation (DBC) in the conditions of contract that is given to the passengers at the time of purchase of the ticket. Article 33 of the Montreal Convention allows for an action for damages to brought in a jurisdiction where the carrier has a place of business through which the contract has been made. Effectively, it is possible to bring a claim against the airline in Australia.

Having said that, we will need to review all the documents you were given and we need to have complete set of facts to know the appropriate course of action in the circumstances.

You can contact us by calling us or by emailing us on Matthew Karakoulakis, Lawyer, AMK Law - Melbourne, VIC - LawTap - Find a Lawyer & Book Online Instantly. Alternatively, if you like you can make an appointment with us by clicking on the link below.

 

[Minky]

Hi MariaLH - I have just happened upon this thread. Firstly, sorry to hear about your treatment by Emirates Airlines. Secondly, there may be portions of your 'case' which are similar to what happened to my father and I in 2016 at the hands of Emirates Airlines. I started a thread which explains in detail here: QLD - Emirates Airline - Consumer Rights for Overselling Flight?

If you read that thread you will note that my elderly father and I were bumped 'involuntarily'(due to over booking) on a flight from Dubai to Brisbane. We were put up for the night in a hotel. The next day, upon going to check in again for the same flight, I had a connecting Emirates flight from Brisbane to Auckland and asked to confirm my booking. I was then told I had been bumped off that flight too! As you might imagine...by that stage they were taking the piss.

Indeed, Emirates have an overbooking policy, and all sorts of very complex legal jargon(deliberately so I believe to help thwart lawful claims) which covers any such compensation which might be payable to people who are denied boarding; but there are certainly stipulations therein which govern their liability in terms of compensation which should be paid. This compensation also relates to the provisions of both the Warsaw convention and the Montreal convention, both of which Emirates Airlines is a signatory to and which specify what compensation is due in much more unambiguous clearly digestible language.

However, despite the fact that one might have a very clear and concise basis for getting what is due via Emirates own denial of boarding policy, or getting compensation via the Warsaw or Montreal conventions, it seems impossible to actually get Emirates to abide by their own denied boarding policy, or either of those conventions which they signed. In other words, if they do not pay what they should, what can you do about it?

Obviously, if you wish to buy a ticket with Emirates Airlines, it is easy and they are friendly. But once you seek compensation, they become a faceless corporation and the only contact you can have with them is via email, or letters in writing. You simply cannot speak to human beings.

The only possible way to hold them to account would be to take them to court. That's all well and good, but such proceedings could take years to get started, and then once they have been initiated, Emirates could just come back and say, "Oh yeah, here...have what we owed you all along." End of story. You'd have wasted so much time, and money...to get a fraction of what was spent, or lost.

Clearly, such legal action takes much time, and money. There's also no way to know if you will win, despite having a sound case. It would be a case of David vs Goliath. Emirates have massive pockets and could drag out proceedings via their very well resourced legal teams. Then, if a claimant lost the proceedings, Emirates could seek costs, which could run into many thousands of dollars. Even if a claimant won, what would you get back but a fraction of all that was expended? It seems like a no win situation.

My father and I have been engaged in a wild mongoose chase for over a year now, in trying to get compensation from Emirates, to no avail. Many letters have been written, emails sent, to both Emirates, and local MP's in Queensland, including federal MP's, and even consumer affairs, to no avail. The only option left is legal action, but with my father being 80 Years old now, it is not an option. We have both spent countless hours trying to get basic equity. After all this time, it would seem there is really nothing left we can do but accept we were ripped off by an exceedingly unscrupulous airline.

I suppose lessons are learned, sometimes the hard way. In our case, we learned to never ever again fly Emirates and will certainly encourage others to avoid them at all costs. For their actions through the entire fiasco were disgraceful, and amounted to willful misconduct. That doesn't even take into account their blatant misrepresentation, breach of contract, lack of duty of care(involutarily bumping elderly passengers), gross negligence and fraud...well...they are disgusting to say the least and represent the nature of what some corporations may become: psychopathic. Where is the empathy? Any where? Where is the humanity? Where is the provision of basic equity? Where is the law? What law? Where is the basic advocacy? For on the face of it, the conditions of carriage and denied boarding compensation via Emirates, or the provisions of the Warsaw and Montreal conventions similarly, are not worth the paper they are written on.

Above and beyond that, what our case reflected, was that for people in both Australia and NZ, there are no consumer protections afforded them in respect of international air travel if the tickets were bought in either country. For in North America and Europe, they have 'charters' which govern the airlines to protect consumers against these mammoth corporations which might otherwise take full advantage of passengers via over booking and denied boarding, based on alleged illness for example. For you may note that in the above portion of a reply someone sent you, there are greater protections for passengers who may be sick in the U.S.

In the example of a passenger denied boarding 'involuntarily' due to over booking, in the U.S and Europe the airlines must pay the equivalent money of the ticket in compensation, 'and' fly the passenger to their original destination. Part of the reason for that is no doubt so that the Airlines seek voluntary bumpee's. And how many Airlines would bump elderly passengers?

I'd not for one moment suggest other airlines are engaged in this fraudulent(I allege) activity that Emirates is engaged in. On the contrary. Emirates airlines are the only one either my father and I have encountered who behave in this impudent manner. It is shocking to say the least, the amount of time and effort, we've spent...the stress. How a multi-billion dollar corporation could cheat passenger so flippantly and with apparent impunity.

In any event - and it is only speculation on my part - but I would bet that there's a better than good chance that the flight you were bumped off(for your alleged illness) was over booked(common with Emirates), so they took that opportunity to bump you, via lies. If it were not for the fact that Dubai is its own set of laws, in some sort of proceedings you could in the alternative easily establish via records whether that was true. Perhaps you still could? I do not know. But if you could establish that they bumped you and lied, you could sue them for willful misconduct(much more serious and compensation greater) as well as other legal claims.

One other avenue for you in seeking a remedy, for the cost of the ticket, is if you paid for it via credit card. Effectively, people like Visa for example, process many millions of dollars every year for Emirates Airlines. In part, because they are also part of the contractual process, they too have some legal liability in terms of that ticket. Their liability will be much more clearly aligned with sound legal principles in terms of contract law, both domestically and internationally. It would also not be in their interest to be seen to be doing business with fraudulent businesses or to condone and allow such business's to blatantly rip off customers regardless of the fine print and complex legal jargon. So, you can put forward an application to the credit card company and say that you paid for goods or services which were not provided. I think they would honor it...in part, because two airline tickets worth of compensation is a drop in the ocean for them. Then, they'd also use their vast influence and resources to pressure Airlines like Emirates to honor their own contracts and not lie, cheat, and steal. I can allege that, because it is true. Wanna sue me Emirates? Make my day, punks!

Any way, I intend on doing a final follow up post to the thread I linked to, which will provide for some more material to just clarify and explain much of what I have said here. I really do hope other passengers can avoid Emirates Airlines and be warned what they may be in for should they choose them. Best of luck getting what you are owed.