As a non-EU airline, Emirates is not obliged to pay compensation for delays outside Europe
As a non-EU airline, Emirates is not obliged to pay compensation for delays outside Europe

Travel question of the day: Simon Calder on flight delays outside the EU

Have a travel question that needs answering? Ask our expert Simon Calder

Simon Calder
Friday 08 July 2016 10:07

Q We were flying on Emirates from Brisbane to Singapore on the way back to the UK. We had been sitting in our seats for some 45 minutes, when the pilot told us that “a cargo plane has landed on the runway with no undercarriage down”. He said that as it was dark, no runway inspection could take place until daylight hours. When daylight came the pilot then told us that the crew where now “out of hours” and a new crew was on its way. We, the passengers, where really fed up and hungry as we had had no food at all because we did not fly. We had been confined in a secure area within the airport with just a water fountain and a cleaner running up and down the area. No sleep and no food. When it was light the runway was examined and we continued our journey once the fresh crew had arrived. Can we make a claim against the airline?

David Smith and Marcelle Paton-Smith

A Sorry to hear about your experience. You are not entitled to any compensation under EU rules because this took place on a foreign airline outside Europe. As far as I know there is no similar local legislation in Australia that would benefit you. Therefore any claim would need to be within the scope of the Montreal Convention on international aviation. For a claim to succeed, you would need to demonstrate actual physical harm or financial loss as a result of the delay. If you have neither, then I am afraid I can see no prospect of a successful claim.

Every day, our travel correspondent, Simon Calder, tackles a reader’s question. Just email yours to or tweet @simoncalder

Register for free to continue reading

Registration is a free and easy way to support our truly independent journalism

By registering, you will also enjoy limited access to Premium articles, exclusive newsletters, commenting, and virtual events with our leading journalists

Already have an account? sign in

By clicking ‘Register’ you confirm that your data has been entered correctly and you have read and agree to our Terms of use, Cookie policy and Privacy notice.

This site is protected by reCAPTCHA and the Google Privacy policy and Terms of service apply.

Join our new commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies


Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in