If I was on a flight from India to England via Kuwait, and the India -> Kuwait leg is delayed (by 5 hours), causing the Kuwait -> England leg to be delayed by 24 hours, is compensation still payable?
The initial delay was for a leg entirely outside of the EU, but the whole journey was to the EU. The airline is Kuwait Airways, which isn't based in the EU I am guessing.
Thanks!
Regulation EC261 applies only to flights:
So you're not entitled to any compensation (or to the duty of care) under those regulations.
If your flight had departed from the EU or had been operated by a EU carrier, yes, the whole trip would have counted, and the delay at the final destination could have triggered compensation.
You could get compensation or a refund in case if the flight was canceled within 14 days of the date of travel or it was delayed and you did not fly & filed a refund/reimbursement.
As far as I can tell you had the "Right to care" which means that in case of a long delay the airline would provide:
These arrangements will be advised by the airline depending on the length of the flight and the duration of the delay.
Unfortunately, you are not eligible to claim compensation. As Kuwait Airways is not an EU carrier, and even the departure airport was not in EU.
Conditions when You may had received delayed flight compensation:
- You should have been departed from an EU airport
- Or travelled with an EU airline to an EU airport
- Delay should be of more than 3 hours an arrival airport
You would have received compensation up to 600 Euros, if you would have taken your flight from England to India with Kuwait Airways.
Since you were departed from the Non-EU airport and also the Kuwait airlines is not EU regulated airline thus you cannot claim compensation under EU regulation 261/2004.
