Flight delay and cancellation compensation, Easyjet ONLY
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I am amazed! I emailed easyjet last night using the template letter from this site. Today I got an email back confirming I am entitled to 250 euros compensation. No questions, just an apology and a request for the last 4 digits of my credit card. I am very happy:)0
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I was contacted by easyjet just a couple of days after I sent the template letter in and have now been told they will pay me 800 euros and they phoned me yesterday to confirm details....thanks Martin:0
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I had a flight with Easyjet in 2009 that was originally scheduled at 1.30am from IBZ to LTN. Delayed until 4.30am at which point they told us it was cancelled due to some issue with the pilots and crew hours. We were put up overnight. In the morning the flight was further delayed at which point I decided to book an alternative Easyjet flight as I needed to get back.
When I got back home, Easyjet claimed it was not a cancellation but just a very long delay. They agreed to refund the cost of the initial flight (~£125). I've since tried to claim compensation under EU261 but their response has been that as I didn't travel on the impacted flight, there was no compensation due. Does this sound correct?0 -
Just go a reply from bott and co stating they can't take my case
Dear Sir/Madam,
We have investigated the circumstances surrounding your potential claim and unfortunately we have come to the conclusion that we are not able to act for you on a no-win-no-fee basis. We say this because our investigations have led us to believe that the disruption to your flight may have been caused by an ‘extraordinary circumstance’ and as such the airline is not liable to pay compensation.
Please note that the Limitation Act 1980 requires passengers to make a claim for compensation within 6 years of the date of the flight. Some airlines’ terms and conditions however stipulate a shorter period and you should therefore check the specific conditions to see how long you have to make a claim.
We are sorry that we were not able to assist you in this instance.
Kind regards
The Aviation Team - Bott & Co
So looks like that's it then, still can't understand how a strike in France can affect my flight in Egypt?0 -
Kellyleekyle wrote: »Just go a reply from bott and co stating they can't take my case
Dear Sir/Madam,
We have investigated the circumstances surrounding your potential claim and unfortunately we have come to the conclusion that we are not able to act for you on a no-win-no-fee basis. We say this because our investigations have led us to believe that the disruption to your flight may have been caused by an ‘extraordinary circumstance’ and as such the airline is not liable to pay compensation.
Please note that the Limitation Act 1980 requires passengers to make a claim for compensation within 6 years of the date of the flight. Some airlines’ terms and conditions however stipulate a shorter period and you should therefore check the specific conditions to see how long you have to make a claim.
We are sorry that we were not able to assist you in this instance.
Kind regards
The Aviation Team - Bott & Co
So looks like that's it then, still can't understand how a strike in France can affect my flight in Egypt?
It will be Air Traffic Control, they are always at it in france, your flight will need to go through french airspace hence the delay. Some carriers will go through German or Dutch airspace to Eygpt but it looks like yours needed to through the french airspace so it would seem it is beyond the airlines control.
You could check the flight path of your aircraft at Planefinder, just put date in and playback. If Bott & Co have turned you down then it could be tricky to claim yourself.Check out Vaubans Flight Delay Guide, you will be glad you did....
:):)
Thomas Cook Claim - Settled Monarch Claim - Settled0 -
gangstarrrrr wrote: »I had a flight with Easyjet in 2009 that was originally scheduled at 1.30am from IBZ to LTN. Delayed until 4.30am at which point they told us it was cancelled due to some issue with the pilots and crew hours. We were put up overnight. In the morning the flight was further delayed at which point I decided to book an alternative Easyjet flight as I needed to get back.
When I got back home, Easyjet claimed it was not a cancellation but just a very long delay. They agreed to refund the cost of the initial flight (~£125). I've since tried to claim compensation under EU261 but their response has been that as I didn't travel on the impacted flight, there was no compensation due. Does this sound correct?
Rubbish, put your claim in, follow Vaubans guide your flight was a knock on. You had the right to book another flight as thats in the regs as you had no alternative.Check out Vaubans Flight Delay Guide, you will be glad you did....:):)
Thomas Cook Claim - Settled Monarch Claim - Settled0 -
Rubbish, put your claim in, follow Vaubans guide your flight was a knock on. You had the right to book another flight as thats in the regs as you had no alternative.
Really? That's a change of opinion from what we were originally saying on here.
If you don't travel on the flight then you get a refund. That's it.
That used to be what the advice given was.0 -
Mark2spark wrote: »Really? That's a change of opinion from what we were originally saying on here.
If you don't travel on the flight then you get a refund. That's it.
That used to be what the advice given was.
Important that you need to remember here- the regulations are set down for the inconvience and loss of time irrespective if you travelled back on the flight or not, you were originally booked on that flight and suffered the same inconvience.
It could be argued- maybe someone with more legal nouce than me could explain.
Wallentin-
) The trouble and inconvenienceto passengers caused by cancellation of flights should … be reduced. Thisshould be achieved by inducing carriers to inform passengers of cancellationsbefore the scheduled time of departure and in addition to offer them reasonablere-routing, so that the passengers can make other arrangements. Air carriersshould compensate passengers if they fail to do this, except when thecancellation occurs in extraordinary circumstances which could not have beenavoided even if all reasonable measures had been taken.
scheduled time of departure and in addition to offer them reasonablere-routing, so that the passengers can make other arrangements. Air carriersshould compensate passengers if they fail to do this
Sturgeon-
Articles 2(l), 5 and 6 of Regulation (EC) No261/2004 of the European Parliament and of the Council of 11 February 2004establishing common rules on compensation and assistance to passengers in theevent of denied boarding and of cancellation or long delay of flights, andrepealing Regulation (EEC) No 295/91, must be interpreted as meaning that aflight which is delayed, irrespective of the duration of the delay, even if itis long, cannot be regarded as cancelled where the flight is operated inaccordance with the air carrier’s original planning.
2. Articles 5, 6and 7 of Regulation No 261/2004 must be interpreted as meaning that passengerswhose flights are delayed may be treated, for the purposes of the applicationof the right to compensation, as passengers whose flights are cancelled andthey may thus rely on the right to compensation laid down in Article 7 of theregulation where they suffer, on account of a flight delay, a loss of timeequal to or in excess of three hours, that is, where they reach their finaldestination three hours or more after the arrival time originally scheduled bythe air carrier. Such a delay does not, however, entitle passengers tocompensation if the air carrier can prove that the long delay was caused byextraordinary circumstances which could not have been avoided even if allreasonable measures had been taken, namely circumstances beyond the actual controlof the air carrier.
I knew it was in the regs and law somewhere.
EuropeanCourt of Justice in joined cases C‑402/07 and C‑432/07, from 2007, suggeststhat the regulation must be interpreted as meaning that passengers whoseflights are delayed may be treated, for the purposes of the application of theright to compensation, as passengers whose flights are cancelled and they maythus rely on the right to compensation laid down in Article 7 of the regulationwhere they suffer, on account of a flight delay, a loss of time equal to or inexcess of three hours, that is, where they reach their final destination threehours or more after the arrival time originally scheduled by the air carrier.
I think it has also been establish by the 4th chamber of the ECJ that delays mean the same as well as they lossed the time. Sturgeon i think.
Check out Vaubans Flight Delay Guide, you will be glad you did....:):)
Thomas Cook Claim - Settled Monarch Claim - Settled0 -
Have a read of Article 8 of the Regulation Batman and see what you think.
http://eur-lex.europa.eu/resource.html?uri=cellar:439cd3a7-fd3c-4da7-8bf4-b0f60600c1d6.0004.02/DOC_1&format=PDF
It seems to me that it's a refund OR a return flight. Read it in conjunction with Article 6 (3), it says that after 5 hours you can get a refund, but no mention of compensation as well.
But I agree that the loss/inconvinience is the same and should be paid out. Just that the initial advice on this forum from the early days interpretation of the Regs was no flight taken, refund only. Pretty sure it was Centipede that said that.
We're all on the same side mate
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Seems there is different interpretations
http://www.moneysavingexpert.com/travel/flight-delays?_ga=1.142895606.210571025.1372776504
If you decide not to fly because the departure is delayed by over five hours, if it lands over three hours later than scheduled (instead of miraculously making up the time in the air) and it's the airline's fault, you can also claim for compensation, as well as a refund.0
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