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Flight delay and cancellation compensation, Easyjet ONLY
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# 1
Centipede100
Old 11-01-2013, 10:59 AM
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Default Flight delay and cancellation compensation, Easyjet ONLY

MSE Official Insert:

This discussion thread is linked to from our Flight Delays Compensation guide. Please read that for full help.

Last edited by Centipede100; 01-07-2014 at 4:00 PM.
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# 2
Incendiary
Old 14-01-2013, 9:27 PM
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Hi Centipede - I've been reading through the "main" thread and I'd like to thank you for all the help you've given people so far. I've wrote to easyjet and had the following back from them:

Quote:
Thank you for contacting us.

I write further to your claim for compensation concerning the delay to your flight EZY0000 on 00/06/2007 (changes mine).

A claim pursuant to Regulation (EC) No 261/2004 is subject to the national statute of limitation of the court that the claim is brought. In the UK the Limitation Act 1980 governs the statute of limitation for claims.

Article 5 of the Limitation Act 1980 provides that an action for a simple contract expires after a period of 6 years after the date the cause of action occurred. However, your contract with easyJet was not a simple contract; it was a contract for international carriage of persons by aircraft for reward. Contracts for international carriage of persons by aircraft for reward is govern by the Montreal Convention.

Article 39 of the Limitation Act 1980 provides that:

[The Limitation] Act shall not apply to any action or arbitration for which a period of limitation is prescribed by or under any other enactment (whether passed before or after the passing of this Act) or to any action or arbitration to which the Crown is a party and fir which, if there were between subjects, a period of limitation would be prescribed by or under any such other enactment.

Therefore, as per Article 39 of the Limitation Act 1980, it falls to the Montreal Convention to prescribe the limitation period for a claim for compensation under the Regulation which arises from the failure to correctly perform a contract of international carriage of persons by aircraft for reward.

Article 35 of the Montreal Convention states:

The right to damages shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

The date your flight arrived at XXX was on xx/xx/xxxx, therefore the limitation period for this flight ended on xx/xx/xxxx (add 2 years to the flight date). The right to claim compensation has been extinguished.

In light of the above, easyJet is unable to offer compensation for the delay suffered to your flight.
They actually left the X's in the e-mail as shown! As can be read in the above they're trying to hide behind the Montreal Convention. Via the FAQ I've read the post relating to this - but to be honest it just confuses me!

Obviously my next step is to write back again stating that the UK limit is six years not two - but what is the best way to do this? Could I reference cp120150en.pdf (sorry - new user, can't link!), in particular:

Quote:
The Court also holds that that finding cannot be called into question by the provisions of the Warsaw and Montreal Conventions, because the compensation measure laid down by Regulation No 261/2004 falls outside their scope, while remaining additional to the system for damages laid down by them. EU law establishes an independent system to redress, in a standardised and immediate manner, the damage caused by the inconvenience to which flight delays and cancellations give rise, which operates at an earlier stage than the Warsaw and Montreal Conventions.
I'm not much good at this, but I'm certainly not expecting anyone to write the letter for me so even a couple of pointers as where to go would be great. Thanks!
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# 3
Mark2spark
Old 14-01-2013, 9:59 PM
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Well you're there really incendiary, the MC 2 yr ruling was challenged in the courts and the appeal ruling was given as per your 2nd quote, - ie 6 yrs - so just write back to them and state that they are wrong and that this is the ruling from Nov 12 (see the FAQ's), so please reconsider and if you don't within 28 days then you give them notice that you are at liberty to commence a legal claim without giving them further notice where costs and interest will also be sought.

Something like that
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# 4
Mark1988
Old 19-01-2013, 12:52 PM
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Default Flight Cancellation

I had a flight from Bristol to Newcastle cancelled last night. Easyjet have refunded my flights.

Where do I stand with regards to claiming back losses from hotel accommodation cancellation?
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# 5
glentoran99
Old 19-01-2013, 12:57 PM
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Quote:
Originally Posted by Mark1988 View Post
I had a flight from Bristol to Newcastle cancelled last night. Easyjet have refunded my flights.

Where do I stand with regards to claiming back losses from hotel accommodation cancellation?
you cant, not from the airline anyway, your travel insurance should cover it though, although if you ask nicely they might give yuo a goodwill payment, they have been known to do that
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# 6
richardw
Old 19-01-2013, 2:51 PM
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...please delete.
Posts are not advice and must not be relied upon.
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# 7
topyam
Old 21-01-2013, 9:12 AM
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Default Success!!!

Dear xx,

Thank you for your patience.

I would like to apologise for the time it has taken to get back to you regarding your compensation request. This is due to a large backlog of claims we are currently dealing with.

After looking into your cancellation it would that the reason behind your cancellation was a non-extraordinary circumstance. In line with EC regulation 261/2004 I can confirm that you are entitled to €250 compensation.

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# 8
GJP
Old 21-01-2013, 11:01 AM
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Question Easyjet refund

Hi There. Can anyone help me? I have written to easyjet by recordeded delivery twice and have had no reply. I have emailed and phoned twice (telephone calls are to india) asking for the CEO address. Carolyn McCall but nobody seems to know!!! Does anyone have her address for I can write direct to her regarding flight compensation (6 hour delay from Nice in July 2012). Thanks for any help.
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# 9
Mark2spark
Old 21-01-2013, 2:14 PM
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GJP, 1) what address did you write to? 2) have you confirmation from the post office of delivery?
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# 10
Mrs C wonders
Old 21-01-2013, 3:31 PM
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Default compensation possible??

We were informed in Gatwick airport that our flight was cancelled due to the crew having already worked their allocated hours. We completely understand that for safety, there must be restrictions on length of time crew can operate for. Nonetheless, given that our flight was initially delayed, we were informed due to late departure from another airport, we believe there should have been time and capacity for EasyJet to identify alternative crew arrangements.
We rebooked on flight next morning. Can we claim compensation? Earlier delay may have been weather related but surely they are able to forward plan in regard to staffing issues??
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# 11
kimwoo83
Old 22-01-2013, 1:20 PM
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Default Easyjet rejection

Easyjet told us today that the reason for our near 6 hour delay at Split airport was because the Radio Altimeter was faulty and had to be swapped and that this is covered by extraordinary circumstances.

We are planning to now complain to the CAA as the response feels quite 'automatic' - would appreciate anyone's thoughts...
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# 12
LutonGirl
Old 22-01-2013, 1:34 PM
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Quote:
Originally Posted by GJP View Post
Hi There. Can anyone help me? I have written to easyjet by recordeded delivery twice and have had no reply. I have emailed and phoned twice (telephone calls are to india) asking for the CEO address. Carolyn McCall but nobody seems to know!!! Does anyone have her address for I can write direct to her regarding flight compensation (6 hour delay from Nice in July 2012). Thanks for any help.
Try writing to the CEO at:
easyJet Airline Company Limited
Hangar 89
London Luton Airport
Bedfordshire
LU2 9PF
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# 13
katiewmuk
Old 22-01-2013, 2:03 PM
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Hi all,

I wrote to Easyjet in October regarding a three hour delay we had last year from Marrakech to Gatwick. It was due to a member of the crew becoming ill and so insufficient number of crew members to man the flight. I had this response from them today:

I am very sorry that you were unable to board your recent easyJet flight and apologise for the inconvenience this caused you. When unexpected operational difficulties mean we cannot accept all passengers with a confirmed booking on a flight, we first try to find volunteers happy to take a later flight. In this instance we were unable to find sufficient volunteers and as a last resort had to refuse you boarding. I absolutely understand how frustrating it must have been for you.

I am pleased to say the amount of 200 GBP has been processed and will be refunded to the card used in your booking within 15-20 working days.


I was not in fact refused boarding - we were delayed until they convinced enough people to not take the flight - I was in fact somebody who did board the flight, just over three hours later than the original departing time.

There were two of us, so surely are we not entitled to more then a total of 200 GBP?

Anyone who may have a clearer idea, much appreciated!
Thanks
2013: L'Oreal Hair Dye, Call of Duty Black Ops, London Hotel Stay
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# 14
petebates26
Old 22-01-2013, 2:25 PM
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I've had the following response from Easyjet, after writing to Carolyn McCall and then chasing it up a week later.

'Thank you for your email to Carolyn and I am sorry for the delay in responding. I have reviewed the situation with regards to your flight which was delayed overnight on 30/09. I can confirm that the reason this flight was delayed was because the aircraft planned to operate your flight had a technical issue earlier in the day which resulted in two aborted take-off's.

As this issue was identified during the operation of the aircraft and not as a result of planned maintenance this means that we deem the event to be an extraordinary circumstance and as such does not give rise to compensation under the provisions of EC261/2004.

We remain sorry for the inconvenience you were caused but can confirm we will not be offering compensation for this delay and that this is our final position in this matter.

Yours Sincerely

Graeme MacLeod
Head of Customer Operations '
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# 15
kimwoo83
Old 22-01-2013, 3:08 PM
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Have come across this with reference to 'exceptional circumstances'

http://www.lexology.com/library/deta...7-ea4b26293cdd
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# 16
Vauban
Old 22-01-2013, 3:43 PM
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Quote:
Originally Posted by Centipede100 View Post
Try clicking on the links to 'extraordinary circumstances' in the FAQs above for a better and legal definition of the phrase. Although you have linked to an interesting article, this does lean towards the airline's view of EC since by definition law firms are touting for airline business...
That was a very interesting reading - thanks for flagging. I did smile reading some of the tendentious descriptions of how unfair the ECJ had been - as you say, they're clearly pitching to be the airlines' lawyers of choice!

That said, I was struck that their main point was that the Wallentin-Hermann judgement actually did give significant rights to passengers, and that airlines could not at the moment much rely on the "extraodinary circumstances" caveat for technical issues (the judgement "was far too broad in its scope, covering almost all technical shortcomings discovered on an aircraft at the last moment, and excluding the vast majority of technical faults from the scope of extraordinary circumstances").

Absent a change in the law, the airlines will need to pay up.
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# 17
Mrs C wonders
Old 22-01-2013, 3:58 PM
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Quote:
Originally Posted by Centipede100 View Post
Crew shortages per se should not be a reason to deny compensation as the provision of equipment and staff is a fundamental of operating an airline. You either need to give us more details of what the airline has stated or ask for clarification from the airline yourself.
Thanks I have a letter in the post to Easyjet and will await response. It was Easyjet staff in airport who informed us that plane was delayed from another airport, prior to the flight being cancelled she advised us it was likely to be cancelled due to working hours restrictions but there was no official confirmation at that stage. My view is that at this earlier point, they could have arranged back-up crew. Flights were departing from Gatwick to other locations at that time.
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# 18
Mark2spark
Old 22-01-2013, 5:16 PM
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Quote:
Originally Posted by kimwoo83 View Post
Have come across this with reference to 'exceptional circumstances'

http://www.lexology.com/library/deta...7-ea4b26293cdd
That's a good read Kim.
So it looks like the airlines have conceded that no further appeals can be founded, and instead are lobbying for a revision to the ruling, as a 3 hour trigger for compensation is too short a time for an aircraft that 'goes tech' at the last minute.
So this is potentially the future: (copy/paste)


Representatives of the European Commission have confirmed informally that we can expect the following in a legislative proposal by the end of this year:

Existing rights will be confirmed, not expanded. The intention is to fine tune the rights, clarify passenger rights and make the enforcement of those rights more effective
The Regulation will be adjusted to take account of financial limits so compensation will be more proportionate
Extraordinary circumstances will be better defined so as to reflect the CJEU judgments and either include a nonexhaustive list of extraordinary circumstances within the text of the revised Regulation, or as an Annex to the Regulation. The advantage of not including a non-exhaustive list in the text would be that it would not have to be submitted as part of the legislative proposal and would not as a consequence require a co-decision with the European Parliament and Council. If the non-exhaustive list is contained in an Annex to the revised Regulation, it could be adjusted by the use of delegated acts, so as to quickly take account of changes of circumstance and further CJEU rulings as they emerge
The Extraordinary Circumstances Working Group, which includes the UK CAA’s Safety Regulation Group and seven National Enforcement Bodies, has been going through instances of delay and cancellation caused by technical shortcomings in aircraft and consulted with certain airlines’ ops teams, and found that more often than not, the delay or cancellation was justified. The findings of the Working Group, which will report back to the European Commission, may lead to a less restrictive application of the principles laid down in the CJEU judgment in the case of Wallentin – Hermann, and a more consistent approach to the treatment of claims for compensation for delay and cancellation arising from aircraft “going tech” at the last minute
The Sturgeon ruling, giving fixed compensation payments to passengers on delayed flights will be written into the revised Regulation, but the length of delay triggers are likely to be extended out to 6, 9 and 12 hours from the Sturgeon trigger of 3 hours or more
There is likely to be a cap imposed on the obligation on airlines to provide accommodation in extraordinary circumstances to 2 nights and an allowance of €80 per night per passenger for accommodation. This will be balanced by the introduction of contingency plans for the repatriation of passengers stranded at airports where there is mass disruption, such as during the recent volcanic ash crisis, which will include looking at responsibility being taken by local public authorities to provide alternative temporary accommodation
There will be stronger rights of recourse against third parties (such as airport authorities and air navigation service providers) so that airlines can get real rights of redress against such parties to recover costs of care and assistance. It is envisaged that a new article will be included in the text of the revised Regulation stating that any contract or law limiting or excluding a third party’s liability will be considered illegal.
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# 19
notsurewhereIstand
Old 23-01-2013, 8:31 AM
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So I put my claim in, get an e mail saying it has been 'sanctioned', advise my phone number for them to call me for my account details for payment, get the call, give them the details, wait for the money. This was early December.

Wait four weeks, still no money. E mail them and get the standard 'extraordinary circumstances' get lost e mail. E mail back again saying where's the payment, no reply.

Already advised 'further action' so should that be another e mail about sturgeon, extraordinary circumstances, where's my payment or fill N1 in and submit to the court?
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# 20
Mark2spark
Old 23-01-2013, 11:01 AM
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Can you copy the bit on here where the airline state that the claim has been 'sanctioned' please.
I wonder if they have agreed the claim or not, that's all.
The advice will be different depending on what they are actually saying.
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