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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

I am starting this thread for those claiming flight delay or cancellation compensation from Easyjet.

Any posts regarding any other airline in this thread will be ignored (at least by me).
My posts are just advice, nothing more nothing less. What you choose to do with them is up to you.
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# 2
Centipede100
Old 11-01-2013, 12:40 PM
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Default FAQs

FIRSTLY - PLEASE POST IN THE CORRECT AIRLINE SPECIFIC THREAD

All blue words are links to relevant posts.

WARNING
Please read these FAQs and guidance, together with the MSE article in order to discover useful information before you ask a question!

MSE article corrected

What to do next after reading the FAQs.

Regulation 261/2004

Airline bust= no claim
The claim is against the airline, not the travel agent, not the package holiday company, not the administrator, nor anyone else. AIRLINE ONLY. If the airline is bust, you have no-one to claim against. It doesn't matter if the package tour operator is still in business and the airline is not. No airline = no claim.

Flight Stats Check your delay length time (you may have to register)

'Which!' draft letter to set the ball rolling Start off your claim

Alternatively:

CAA Template letter Standard claim letter to initiate a claim

After denial of your claim, issue 14 days' notice of Court Action:

Centipede100 Template letter This is the 'Notice Before Action' letter (NBA or LBA)

Explanation of the legal process of NBA, 14 days' notice before court claim.

Small claims time limit 6 years in England & Wales, 5 years in Scotland

European court press release on time limits to claim It's the time limit in each member state, which is 6 years in England & Wales.

Airline claims 2 years maximum to claim The England & Wales time limit is 6 years, - that's the Law - Scotland 5 years (see link above for Scotland)

'More' Judgement on 22nd NOV confirms the limit is whatever applies in the Country - 6 years England & Wales, 5 years Scotland

Dawson judgment regarding time limits (this is currently subject to an appeal to be heard in May)

MCOL Link to the Court Forms (for England & Wales)
How to claim in Scotland Link to guide to Scottish procedure to small claims
Scottish Court Fees

Package holiday flights ARE covered

CAA Denied boarding
Right to Care
CAA contact details

Technical fault with plane is not usually "extraordinary circumstances" so you can claim

Extraordinary circumstances + Extra ordinary Circumstances
Technical issues
More Technical issues with background
ECs explained yet again

Wallentin-Hermann judgment explaining the concept of extraordinary circumstances covering technical issues in legal terms

Huzar v Jet2.com appeal judgment: Huzar

Thomas Cook address, phone number, and email address
Thomas cook incident Oct 26 2012

Thomson address
Emirates Airlines address

KLM Claim form
Ryanair address
How to combat Ryanair using the English Court System

BA Address
BA complaint web-site
BA forum explaining the regulation in plain english *ESSENTIAL READING*

Jet airways address

Compensation per person + Monarch email
Monarch Claim form

European small claims court forms How to issue a court claim against a foreign airline with no UK address

Original Sturgeon judgment giving rise to delay compensation

Legal challenge to Sturgeon judgment The ECJ Grand Chamber ruling on the 23 October 2012

Folkerts v Air France case C-11/11 Missed connection due to delay on first flight still qualifies for compensation if arrival at final destination is later than 3 hours

Eglitis & Ratnieks case C-294/10 Airline should organise its resources in good time to be able to ensure the operation of the flight after Extraordinary Circumstances have ended (so called knock on effects) Eglitis & Ratnieks
My posts are just advice, nothing more nothing less. What you choose to do with them is up to you.

Last edited by Centipede100; 17-04-2014 at 2:17 PM.
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# 3
Incendiary
Old 14-01-2013, 9:27 PM
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Default

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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# 4
Mark2spark
Old 14-01-2013, 9:59 PM
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Default

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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# 5
Centipede100
Old 15-01-2013, 9:11 AM
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Default

Quote:
Originally Posted by Incendiary View Post
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:



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:

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!
The answer is in the FAQs above, but the link is here:http://forums.moneysavingexpert.com/...postcount=3208
My posts are just advice, nothing more nothing less. What you choose to do with them is up to you.
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# 6
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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# 7
glentoran99
Old 19-01-2013, 12:57 PM
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Default

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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# 8
richardw
Old 19-01-2013, 2:51 PM
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Default

...please delete.
Posts are not advice and must not be relied upon.
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# 9
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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# 10
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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# 11
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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# 12
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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# 13
Centipede100
Old 22-01-2013, 10:44 AM
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Default

Quote:
Originally Posted by Mrs C wonders View Post
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??
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.
My posts are just advice, nothing more nothing less. What you choose to do with them is up to you.
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# 14
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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# 15
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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# 16
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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# 17
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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# 18
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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# 19
Centipede100
Old 22-01-2013, 3:22 PM
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Quote:
Originally Posted by kimwoo83 View Post
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...
Extraordinary circumstances claim by the airline is SOP. Sounds like a technical issue to me...
My posts are just advice, nothing more nothing less. What you choose to do with them is up to you.
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# 20
Centipede100
Old 22-01-2013, 3:24 PM
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Quote:
Originally Posted by petebates26 View Post
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 '
Same as above! Extraordinary circumstances claim by the airline is SOP. Sounds like a technical issue to me...
My posts are just advice, nothing more nothing less. What you choose to do with them is up to you.
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