Flight delay and cancellation compensation, Easyjet ONLY

Neeceenoo wrote: »

Any advice, gratefully received.

Read the FAQs or, if you don't want to do that, speak to a no win no fee firm.

hi all, when i was away, easyjet just replied to my email saying they have already said its extraordinary circms and thats the end of it. they still did not provide a reason despite me asking for it. i have drafted my notice before action below and wondered if it is ok? thanks

Dear xxxxx

Delayed Flight Compensation - Notice before Action
Flight number: xxxx
Date: 14/06/2010
Booking Ref: xxxx
Your Ref: (will put their complaint ref here)
Passenger names: xxxx
Amount claimed: 400 euros per passenger

I am writing to you regarding our claim for delayed flight compensation. As already explained, our flight was delayed leaving Marrakech and we arrived in London Gatwick some 4 hours and 50 minutes after the scheduled arrival time.

I am aware that judgement has been handed down in the current ECJ case (C-629/10) on October 23rd 2012, and we wish to proceed with our claim.

You have responded to state that your flight disruption team have informed you our delay was due to ‘extraordinary circumstances’ and so you are not obliged to pay compensation.

I am aware that as per para 14 of Regulation (EC) No 261/2004, under the Montreal Convention, obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Such circumstances may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier.

You have failed to provide us with any explanation as to what ‘expectional circumstances’ caused the delay in our case.

As we have already informed you, the captain on the flight informed us that the reason for the delay was that you only acquired the plane the day before and had sprayed it in your colours which delayed the plane leaving Ireland to go to Gatwick to go to Marrakech and then returning to Gatwick.

Our delay could have been avoided if you had not sprayed the plane, not scheduled it for flight before it was ready or made alternative arrangements to prevent knock on delays when you discovered the plane was not ready to leave Ireland.

Furthermore I do not see how you choosing to spray paint a plane falls into any of the categories of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier.

Should you neither settle my claim in full nor provide a full defence to my claim within the above timescale, we reserve the right to issue legal proceedings without giving you further notice in writing.

We look forward to hearing from you.

Yours sincerely

xxxxx
xxxxx
xxxxx

I agree. Shorter is better. You cannot reason them round, only signal that you now mean business. Something terse, like what follows, does the biz!

Dear Sir/Madam,

I am writing to you regarding our claim for delayed flight compensation. As I have explained previously, our flight (flight number and date) was delayed leaving Marrakech and we arrived in London Gatwick some 4 hours and 50 minutes after the scheduled arrival time.

You have responded to state that your flight disruption team have informed you our delay was due to ‘extraordinary circumstances’ and so you are not obliged to pay compensation. You have however failed to provide us with any explanation as to what ‘extraordinary circumstances’ caused the delay to our flight.

Should you fail either to settle my claim in full or provide a full explanation of your defence of 'extraordinary circumstances' within 14 days, we reserve the right to issue legal proceedings without further notice.

Yours faithfully,

Hello - another Easyjet claim for compensation here....

Short story: Husband booked on flight from Glasgow - London/Luton airport back in February. Supposed to land at 8pm. I arrived to pick him up to find it delayed to 8.30pm. Then 9.30pm.
Text message to say he was in the air at 9:10pm.
Further text message to say he had landed at 9:25pm ... back in Glasgow due to a "technical fault with the plane".
Boards then updated to show flight expected to land the next morning at 02:37.
I went home & got out enough cash to cover a taxi journey from airport to home as babysitter needed to go home herself.
Taxi cost £110.

I wrote to Easyjet requesting compensation of same and this is the response:


I am sorry for any inconvenience you may have experienced when our flight was delayed for technical reasons. I understand that Stephen incurred extra expenses for taxi, parking and baby sitting. However, as these expenses were at your destination is termed as post flight arrangements and I am unable to offer any refund.
Additionally, although our flight was delayed due to technical reason, it occurred even after we took necessary steps to avoid such delays. Therefore As per EC Regulation 261/2004 I must decline your request for compensation.


========================================
However, looking at 261/2004 it seems to deal with denied boarding, flight cancellations, or long delays of flights. Well, isn't that what this is? A flight delayed for over 6 hours?

Has anyone had any joy writing back and are there any specific references that I can quote back at them? Am wholly unsatisfied with their response, given that I was perfectly happy to pick up my husband at the quoted time, but I also had to pay the babysitter extra for the additional hours & £11 worth of parking, when it should have been a free 15 minute pick up.

Thank you for any help.


Edited to add that the journey from home to the airport is 40 miles one way (about an hour by car, traffic willing).