Flight delay and cancellation compensation, Easyjet ONLY

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Comments

  • ianG
    ianG Posts: 89 Forumite
    First Anniversary First Post
    Justice13075 wrote: »
    Which airport did you fly into in the UK? and what expenses are you trying to claim?

    The booked flight was from Pisa to Luton but due to fully booked flights I took the Pisa to Gatwick flight and then a train back to luton to pick up the car. The incidental expenses were taxi rides to/from airport to hotel, meals, cost of new booking to Gatwick and so on.
  • Tyzap
    Tyzap Posts: 2,112 Forumite
    First Anniversary Combo Breaker
    sputnik1957 wrote: »
    The flight was Gatwick to Amsterdam. I assumed previously it was over three hours delay as were about 3 hours 40mins late leaving. Scheduled landing 16:50, my phone log suggests actually arrive was 19:15ish. I can't recall if my clock had updated when recorded. Silly me. Maybe I can do this online if there is accurate logging. EZY8877 2016-09-15

    Would this make much difference in my response.

    Thanks

    Hi,

    The medical emergency was on a previous flight (maybe one or more) so you were affected by the 'knock on' of that delay. The fact that LGW is one of EJ's main bases (if not the main UK base) means they have less wriggle room to avoid liability in your case.

    They were obviously aware of the developing situation many hours before your aircraft arrived at LGW.

    Good luck.
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  • Basingstoke_Betty
    Basingstoke_Betty Posts: 44 Forumite
    Hi,
    I'll try to keep this brief starting with steps taken so far....

    Delay of over 4 hours on European flight this summer due to knock on effect following bird strike to the plane on a previous journey.
    Easyjet denied compensation via their own process.
    I issued NBA - I have proof of receipt - they didn't respond.
    I issued MCOL - they are defending.


    I used Vauban's guide (thank you) to fill out MCOL form but did not include the names of all travellers or the flight number as there was limited wording.


    Easyjet's defence is that I have not provided them with flight details so they cannot confirm I was on any flight (*apart from my CLAIM on their own system and the NBA*).
    They claim that I have not provided proof of being a passenger.
    They claim that it is down to me to prove I was on the flight (thankfully I have my boarding passes, the emails they sent us during the day to say that the flight was delayed, my booking references etc etc etc).
    They claim that I cannot claim on behalf of my husband or children (locus standi?).
    They claim that I cannot claim interest as this is not a damages case.


    So now I have a very small form to complete which is basically two things: 1) do I want mediation and 2) do I agree it is small claims court?



    But there is no process for me to provide all the evidence that I was on the flight etc....and they claim that they cannot investigate without further 'particularisation' from me...so here is my question:

    How do I give them that information?

    I don't want to go all the way to court only to be told by the judge that I didn't give them enough information to do their investigation. (Although they DO have enough as I have submitted both a claim via their website - which they rejected by email and which I have a copy of).

    Not sure if I should tick mediation box as that gives me a chance to let them know that I DO have proof that we flew.



    Also, how do I prove that I can speak on behalf of my whole party?


    so, I've tried to be to the point here - advice very gratefully received.
  • JustAlice
    JustAlice Posts: 3 Newbie
    Hi,

    I was due to fly to Gatwick from Chania (Crete) on 8th Oct at 22.25.
    There was due to be a strike by Greek ATC starting at 00.01 on 9th Oct.

    EasyJet cancelled the inbound flight and therefore cancelled our flight (these were cancelled on the evening of the 7th), stating the reason for the cancellation was the Greek ATC strike.
    This strike was called off (at least 2 hours before our flight was due to depart.)
    I have applied for compensation but EasyJet have come back saying that as it was due to a strike we are not entitled to compensation...

    My gripe is that they pre-emptively cancelled flights due to the threat of a strike...and even if the strike had gone ahead we would have cleared Greek airspace by the time it started (my pilot friend told me this).

    Does anyone have experience of this kind of excuse? I've checked on the Bottonline webpage and that says we might have a case...Think it's worth pursuing (directly to easyjet)?

    Thanks.
  • Namibia63
    Namibia63 Posts: 3 Newbie
    Good evening,
    I am hoping to get some clarity on the events surrounding the Easyjet Flight Cancellations on the weekend of the 8th & 9th of October.
    The background to this was, that Greek Air Traffic were threatening Strike Action on the 9th, 10th, 12th & 13th of October.
    As a result of this threat Easyjet cancelled many flights out of Greece, including ours on Sat 8th @ 22:00.
    The Strike Action was subsequently cancelled sometime on the Saturday, but all too late for us.
    EasyJet had already decided to cancel, and we were stuck.
    The earliest return flight we could get, was Tue 11th October.


    So, my first action on returning was to submit a Claim via the Easyjet website for EU261 Compensation.
    To date, I have been refused twice by EasyJet with the following explanation, for a Strike that never took place !


    'In regards to your email, I would like to inform you that I have rechecked the Flight Disruption Report and it states that flight EZY8784 was cancelled due to GREEK ATC STRIKE issue. This circumstance is known as EXTRAORDINARY reason.


    As per EU261 Regulations Act, If flight is cancelled due to EXTRAORDINARY reason then compensation is not payable'.


    I obviously lay the blame completely at EasyJet, but who is right ?
    In addition, I will be submitting an Expenses Claim for 3 Days Hotel, Food & Lost Leave Days, but confidence is low.
    This episode has cost the Family over £500, through no fault of our own.
    All help greatly appreciated


    Thanks in advance
  • byron47
    byron47 Posts: 7 Forumite
    edited 18 October 2016 at 11:42PM
    I am in the same boat was also on the gatwick flight from Kos on the 8th and came home on the11th but as I see it the flight should of left at 22.05 and the strike was that never was was from midnight so we shouldofbeen1/2 way home the flight from Kos to Glasgow at2130wasn't cancelled !!!!
  • Caz3121
    Caz3121 Posts: 15,539 Forumite
    Name Dropper First Anniversary First Post
    Namibia63 wrote: »
    In addition, I will be submitting an Expenses Claim for 3 Days Hotel, Food & Lost Leave Days, but confidence is low.

    your accommodation and meals during the wait are covered under EU261 Duty of care and applies irrespective of the reason for the delay/cancellation so that should be fairly painless.
    You would need to check what your travel insurance covers for "lost leave days" as this is not something that airlines cover
  • JPears
    JPears Posts: 5,086 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Basingstoke_Betty wrote: »
    Hi,
    I'll try to keep this brief starting with steps taken so far....

    Delay of over 4 hours on European flight this summer due to knock on effect following bird strike to the plane on a previous journey.
    Easyjet denied compensation via their own process.
    I issued NBA - I have proof of receipt - they didn't respond.
    I issued MCOL - they are defending.


    I used Vauban's guide (thank you) to fill out MCOL form but did not include the names of all travellers or the flight number as there was limited wording.


    Easyjet's defence is that I have not provided them with flight details so they cannot confirm I was on any flight (*apart from my CLAIM on their own system and the NBA*).
    They claim that I have not provided proof of being a passenger.
    They claim that it is down to me to prove I was on the flight (thankfully I have my boarding passes, the emails they sent us during the day to say that the flight was delayed, my booking references etc etc etc).
    They claim that I cannot claim on behalf of my husband or children (locus standi?).
    They claim that I cannot claim interest as this is not a damages case.


    So now I have a very small form to complete which is basically two things: 1) do I want mediation and 2) do I agree it is small claims court?



    But there is no process for me to provide all the evidence that I was on the flight etc....and they claim that they cannot investigate without further 'particularisation' from me...so here is my question:

    How do I give them that information?

    I don't want to go all the way to court only to be told by the judge that I didn't give them enough information to do their investigation. (Although they DO have enough as I have submitted both a claim via their website - which they rejected by email and which I have a copy of).

    Not sure if I should tick mediation box as that gives me a chance to let them know that I DO have proof that we flew.



    Also, how do I prove that I can speak on behalf of my whole party?


    so, I've tried to be to the point here - advice very gratefully received.
    If you have already provided copies of your boarding passes in your intial claim and /or NBA then a polite letter, with a copy to the court, pointing this out should suffice.
    As for claiming for others , if it goes to court, and you win, let the judge decide if they are included. If they aren't, just submit another claim, pointing out that an identical claim has already been sucessful. Yes it is a lot of unnecessary work, but the airlines will often push it to the limit to avoid paying out.
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  • 111KAB
    111KAB Posts: 3,645 Forumite
    Combo Breaker First Post
    Agree to mediation as it then appears you are willing to settle without wasting Judge time however do not give way on any point (including interest) and thereby it may or may not proceed to court. Most claims do not proceed to court however if yours does you will be given ample time to provide your defence to the court including copies of boarding passes etc etc.
  • sputnik1957
    sputnik1957 Posts: 22 Forumite
    Tyzap wrote: »
    Hi,

    The medical emergency was on a previous flight (maybe one or more) so you were affected by the 'knock on' of that delay. The fact that LGW is one of EJ's main bases (if not the main UK base) means they have less wriggle room to avoid liability in your case.

    They were obviously aware of the developing situation many hours before your aircraft arrived at LGW.

    Good luck.

    Thanks Tyzap,

    Do you think there are some specifics I can use arguing with the case? I'm having a read through EU261, is there anything else worth referencing?

    Yeah - main base and as mentioned it seemed finding staff also increased delay which is poor planning.
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