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Indian citizen. I had travelled recently with Kuwait Airways. We encountered significant delays at the initial airport in Mumbai, which resulted in us missing our connecting flight from Kuwait to Malaga. Due to unforeseen circumstances and delays at Mumbai Airport, the departure of this flight was considerably delayed initially scheduled for 2.35 am (rescheduled to 4.10 AM, further left Mumbai airport at (6:10 AM)). As a result, we arrived at Kuwait Airport with insufficient time to make our connecting flight from Kuwait to Malaga, scheduled on 11 August 2023 at 7.40 AM. Kuwait Airways took the initiative to arrange an alternative flight and provided temp accomodation in Kuwait for 6-7 hrs. The replacement flight was arranged for at a significantly later time with an additional stopover in Bahrain, causing us to lose an entire day of our intended tourism activities in Malaga. This delay had a cascading effect on our travel plans, leading to the unfortunate wastage of our pre-booked hotel accommodations for that night. Consequently, we had to extend our trip by an extra day to make up for the lost time and to fulfill our travel itinerary.

I have mailed Kuwait airways customer care last week regarding my lost Airbnb bookings but no reply from them yet. Please advise what other actions (whom I can mail for better potential resolutions, can I claim this with travel insurance) can I take in this regard for loss of Airbnb booking and extension of travel plan by a day (also had to change plans and redo some of the bookings)

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    If you had flown on an EU airline, or this was in the other direction, you would be able to claim compensation (unless there were extraordinary circumstances). Unless Kuwait or India have regulations that dictate the same (many countries have copied EC261, but I’m not aware of this being the case for those countries), the alternative is to claim under the Montreal Convention but this is a lot less straightforward, and in your case it’s going to be difficult to justify damages. You can also just complain and hope for credit or miles.
    – jcaron
    Aug 27 at 12:20

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I'm afraid there isn't much you can do.

Almost all airlines specifically exclude liability for any "collateral damages" from a delay in their terms and conditions (which you agreed to when you book).

Kuwait's T&C can be found here: https://www.kuwaitairways.com/en/terms/conditions-of-carriage but it's hard to read and mostly circular.

The main exception here are situations in which local laws supersede the terms and conditions with EU 261 being the prime example. Unfortunately your flight isn't eligible (EU arrival but a non-EU carrier), so you are probably out of luck here.

You can call and complain and hope for the best. The airlines may give you some miles or vouchers as a sign of good will but they are probably not required to do so.

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  • There may be something to pull off using the Montreal Convention but it’s a long shot here IMHO, and definitely more complex than an EC261 claim.
    – jcaron
    Aug 27 at 20:15

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