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    • Justice13075
    • By Justice13075 9th Mar 17, 2:35 PM
    • 906 Posts
    • 406 Thanks
    Justice13075
    bhav01. Put your flight details into EcClaim and Bottonline and see what they say.
    • symphony63
    • By symphony63 9th Mar 17, 2:54 PM
    • 55 Posts
    • 3 Thanks
    symphony63
    Had you given these details earlier it would have clarified some of the events.

    As the medical emergency occurred on the way out to you and because Tel Aviv is not an EJ main base, where spare flight crew are available, I would not claim.

    It is my moral opinion that an aircraft being diverted for the sake of another passengers health is an extraordinary circumstance and I would not want it any other way.

    If I was delayed for a few hours, due to an effort to save someones life, I would not attempt to claim a monetary benefit from that situation.

    Whether my moral opinion is also backed up by the regulations is a matter of opinion. However, I do feel that a judge would opine that there was no time or opportunity for EJ to correct the situation prior to the delay.

    Good luck.
    Originally posted by Tyzap
    Morality is a personal opinion or feeling. I asked what the regulations state.
    I was on the flight with an infant and I was not treated very morally by EJ.
    If the regulations say that compensation is due I will decide if I morally will accept or not.
    • richardw
    • By richardw 9th Mar 17, 3:39 PM
    • 17,877 Posts
    • 7,290 Thanks
    richardw
    EJ have zero morals.
    They are morally bankrupt and
    their moral deficit runs into trillions.
    Claim.
    Last edited by richardw; 09-03-2017 at 3:50 PM.
    Posts are not advice and must not be relied upon.
    • Joosh
    • By Joosh 29th Mar 17, 10:31 PM
    • 83 Posts
    • 8 Thanks
    Joosh
    Hi guys,

    An EasyJet flight a family member was on, due to go from Gibraltar back to Bristol UK recently was delayed by over 24 hrs in Gibraltar due to a bird strike on the incoming aircraft.

    Eventually they flew home from Malaga, over a day later.

    I have chased this up with EasyJet on behalf of the aforementioned family member as they do not have the confidence/capability to do it themselves.

    EasyJet have replied classing bird strikes as Extraordinary Circumstances, however I've heard that this may not be true due to the airline paying the airport for bird clearing services, plus the fact that bird strikes may be a normal occurrence during standard airline ways of business.

    Also, I don't see how it takes over 24 hours to get people on a replacement plane back from Gibraltar. It's a 2-3hr flight.

    Could it be argued that bird strikes are not extraordinary circumstances and that easyJet did not do all in their power to reduce the delay?

    They have been very stubborn so far, despite my citing of some court cases disagreeing with the easyJet decision.

    Cheers,
    Joosh
    If its not cheap, find a way to make it cheap.
    • Justice13075
    • By Justice13075 29th Mar 17, 11:21 PM
    • 906 Posts
    • 406 Thanks
    Justice13075
    A bird strike is not an extraordinary circumstance and in any case it was on the incoming aircraft so it was a knock on effect. Download and read Vaubans guide all explained in there.
    • clairet707
    • By clairet707 5th Apr 17, 8:31 PM
    • 370 Posts
    • 84 Thanks
    clairet707
    Got confirmation on monday that CEDR have decided EJ have to pay us compensation

    Ive been on and accepted it, anyone any idea how long they take to pay up? I want to book this years holiday and that cash would come in very handy (not flying with EJ)
    • gcdh
    • By gcdh 19th Apr 17, 1:25 PM
    • 6 Posts
    • 0 Thanks
    gcdh
    Got confirmation on monday that CEDR have decided EJ have to pay us compensation

    Ive been on and accepted it, anyone any idea how long they take to pay up? I want to book this years holiday and that cash would come in very handy (not flying with EJ)
    Originally posted by clairet707
    Hi clairet707,

    I don't believe it - I've just had my compensation claim for the same flight as you rejected!

    I was so despondent that I came on MSE to see if anyone had any advice on how to appeal and came across your recent posts. We were on that same nightmare flight back from Corfu - too coincidental not to be!

    Please may I DM you? I'd love your help regarding what you submitted in your claim. It's ridiculous that mine got rejected given no other flights cancalled or even delayed significantly, plus much of the evidence was either the wrong date or too vague.

    Thanks so much,

    gcdh
    • clairet707
    • By clairet707 19th Apr 17, 1:29 PM
    • 370 Posts
    • 84 Thanks
    clairet707
    Sure no problem, I got the compensation yesterday 😀 we have now booked a holiday for later this year witht the cash
    • gcdh
    • By gcdh 19th Apr 17, 1:31 PM
    • 6 Posts
    • 0 Thanks
    gcdh
    Sure no problem, I got the compensation yesterday 😀 we have now booked a holiday for later this year witht the cash
    Originally posted by clairet707
    Amazing! Well deserved given the horrors we faced last October! I've just sent you a private message
    • Gamegal
    • By Gamegal 19th Apr 17, 3:20 PM
    • 101 Posts
    • 60 Thanks
    Gamegal
    From Easyjet via their Facebook page 23 hrs ago!

    easyJet is sorry for the recently reported poor service our customers have received. We feel that these circumstances are very rare, but know in these instances we should have done better.

    We’ve made it easier for our customers to claim compensation (EC261) or expenses, whatever the circumstances. We outline compensation for overbooked customers on our website, and where claims can be submitted in minutes and typically claims are processed and paid within 7days.

    We have improved our processes in our contact centres to ensure that customers are not put through a similar experience. We realise this should have been handled in a better way, and have picked this up with the team involved. Again we are sorry for what has happened.

    If you believe that you were denied boarding on an overbooked flight and you haven’t received compensation please contact easyJet on 0207 517 7103, where a dedicated team will look into your case immediately.


    And then more recently

    If any of our customers have remaining claims regarding possible denied boarding or associated expenses, please do give us a call on 0207 517 7102 to speak to one of our specialists.
    • gcdh
    • By gcdh 20th Apr 17, 5:00 PM
    • 6 Posts
    • 0 Thanks
    gcdh
    Sure no problem, I got the compensation yesterday 😀 we have now booked a holiday for later this year witht the cash
    Originally posted by clairet707
    Oh my goodness, CEDR have refused to reopen the case or let us start a new one. They said each decision is made on a case by case basis so if different adjudicators their interpretations have to be respected! This is despite the fact that we were on the same flight and EasyJet used the exact same "defence" against us.

    Does anyone have any advice? We were just told by CEDR to try the small claims court if we wish, but this just all seems grossly unfair :-(
    • Vauban
    • By Vauban 20th Apr 17, 6:04 PM
    • 4,609 Posts
    • 2,039 Thanks
    Vauban
    Oh my goodness, CEDR have refused to reopen the case or let us start a new one. They said each decision is made on a case by case basis so if different adjudicators their interpretations have to be respected! This is despite the fact that we were on the same flight and EasyJet used the exact same "defence" against us.

    Does anyone have any advice? We were just told by CEDR to try the small claims court if we wish, but this just all seems grossly unfair :-(
    Originally posted by gcdh
    Some CEDR rejected your case, not just the airline?

    How about you tell us exactly what was said, and the circumstances of your delay, and then maybe we can offer proper advice?
    • gcdh
    • By gcdh 20th Apr 17, 11:02 PM
    • 6 Posts
    • 0 Thanks
    gcdh
    Some CEDR rejected your case, not just the airline?

    How about you tell us exactly what was said, and the circumstances of your delay, and then maybe we can offer proper advice?
    Originally posted by Vauban
    Hi Vauban,

    I was on an EasyJet flight from Corfu to Luton last October which was delayed by 11 hours. They claim it was due to bad weather (but no other inbound and outbound flights were cancelled or delayed for this long) which meant they diverted to Athens and hit issue of staff reaching their maximum hours.

    Our claim was rejected by CEDR last week. I wanted to investigate the possibility of appealing and/or any next steps, which is how I came across this forum. Scrolling through responses, I came across clairet202 who had sought advice for her claim... And her description of it matched my flight. Her latest post said her claim has been successful, so I contacted her to confirm it was the same flight. She kindly did so and sent me what evidence EasyJet submitted against her claim (which she refers to in previous posts). Their defence is EXACTLY the same document as what they submitted for my claim.

    I contacted CEDR today to ask why ours was rejected and can we submit a new claim. They are firmly refusing, on the basis that each adjudicator comes to their own decision and interpretation of the evidence, even if the claim and evidence submitted in defence is exactly the same. To quote from their email:
    "...unfortunately this case can’t be re-opened. Each adjudicator is entitled to reach their own conclusions on each case and their view of e.g. ‘extraordinary circumstances’ may differ from case to case. I understand that you may find this frustrating but this process ensures the complete impartiality of each adjudicator and the Scheme itself. It may help if I explain that we do not have a system of ‘precedent’ for our Schemes which means that each case is considered on a case by case basis and any decision does not influence future or similar cases. Just as e.g. in a court of law you could present the same case to a number of judges and they may reach a ‘reasonable’ but ultimately slightly different conclusion."

    To reiterate, we were on the same flight, EasyJet submitted the same evidence as defence and, having chatted with clairet202, we actually argued the same points in response to this. But this apparently does not matter, it's due to individual interpretations, albeit of exactly the same facts. On the phone to CEDAR earlier, they said my partner and I cannot make a new claim as we are on the same booking reference.

    I'd love for any help from the good ship MSE! This is surely unfair and, at the very least, future claimants via CEDR need to be made aware of this...
    • 111KAB
    • By 111KAB 21st Apr 17, 7:08 AM
    • 3,611 Posts
    • 1,471 Thanks
    111KAB
    gcdh - it appears that you may well have to go to court to resolve. Assuming you have read through various pages on MSE and, more importantly, read Vauban's Guide possibly the first decision is whether to go it alone (DIY) or use a solicitor (such as Bott & Co.) on a no win no fee (NWNF) basis.


    DIY returns are greater but with certain risks whereas NWNF will provide c. 70% of the amount due.


    If you DIY an important part of your claim will be a witness statement regarding payment made by EJ on YOUR SAME FLIGHT in respect of a 261/2004 claim. Ensure you can obtain this. You may wish to advise EJ you are obtaining this (they read this pages anyway) and that may prompt them to cough up.


    If you decide to NWNF then advise the solicitor that you have already gone through the CEDR procedure etc BUT you know of another party who will provide a statement to the effect that they were paid.


    Only my thoughts ... others may disagree but from experience if the matter does end up in court judges look unfavourably upon defendants (EJ) who have already admitted liability in respect of the flight in question.
    • yelyahm91
    • By yelyahm91 24th Apr 17, 5:58 PM
    • 3 Posts
    • 0 Thanks
    yelyahm91
    Hi everyone, I wonder if I could get some advice on how to respond to the defence Easyjet has submitted to my CEDR case? I was delayed overnight and rerouted to Bologna on a trip to Venice from Gatwick and Easyjet is saying that the inbound flight from Milan to Gatwick, due to be the plane to take us from Gatwick to Venice, was delayed by bad weather and ATC restrictions and therefore had to be cancelled. I understand ATC restrictions count as exceptional circumstances but as these restrictions caused a knock on effect and weren't actually imposed on my flight I'm not really sure where I stand.

    "Particulars of claim
    12. The aircraft which the Respondent originally assigned to operate the Flight was an Airbus A319 bearing registration number G-EZTR (the Aircraft).
    13. On the Flight Date, prior to the operation of the Flight, the Aircraft was also scheduled to
    operate flight EZY 5296 (the Outbound Flight) from Milan Malpensa Airport (MXP) to LGW.
    14. The Aircraft departed at 15:06 UTC on the Flight Date to operate the Outbound Flight, however, due to adverse weather conditions in the form of thunderstorms at LGW that would have prevented the Aircraft from arriving there safely and resultant ATC slot restrictions, the Aircraft was required to divert to London Southend Airport (SEN) [annex, pages 6 - 7].
    15. Owing to the continued adverse weather conditions at LGW, and the closure of air space in the London area as a result of the thunderstorms at LGW, the Respondent was unable to operate a positioning flight from SEN - LGW to operate the Flight.
    16. The Respondent reviewed the possibility of sourcing a replacement aircraft from LGW to
    operate the Flight, but owing to the earlier diversion to SEN, the crew scheduled to operate the Flight had reached their maximum hours of permissible continuous duty. At the material time, there was no replacement crew available at LGW to re-crew the flight on another aircraft. As a result the respondent was required to cancel the flight.
    17. The Defendant has no control over the weather, ATC or the decisions of ATC themselves.
    18. The Respondent offered all passengers the option of a full refund of the original ticket price or re-routing on the next available flight from LGW to VCE in accordance with their obligations under Article 8 of the Regulation.
    19. The cancellation of the Flight as a result of the adverse weather conditions was not within the actual control of the carrier and cannot possibly be anticipated.
    20. Accordingly, the Flight was cancelled due to extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken for the purposes of Article 5(3) of the Regulation.
    Reasonable Measures
    21. The cancellation could not have been avoided even if all reasonable measures had been taken, within the meaning of Article 5(3).
    22. The Defendant will rely on the guidance provided by the CJEU to say that "all reasonable
    measures" means:
    "...measures appropriate to the situation, that is to say measures which, at the time those
    extraordinary circumstances arose, met, inter alia, conditions which were technically and
    economically viable for the air carrier concerned...That party must establish that, even if it had
    deployed all its resources in terms of staff or equipment and the financial means at its disposal, it would clearly not have been able - unless it had made intolerable sacrifices in the light of the capacities of its undertaking at the relevant time - to prevent the extraordinary circumstances with which it was confronted from leading to the cancellation of the flight". (Wallentin-Hermann (above) at §§ 40 and 43).
    23. The Defendant took all reasonable measures and/or employed all resources at its disposal to avoid the cancellation of the Flight including attempting to source a replacement aircraft and a replacement crew to operate the flight. There was no other reasonable and/or technically and/or economically viable option available to the Defendant that would have enabled it to operate the Flight."


    If you need any more information please let me know and thanks in advance for your help
    • Tyzap
    • By Tyzap 25th Apr 17, 11:05 AM
    • 856 Posts
    • 448 Thanks
    Tyzap
    Hi yelyahm91,

    My thoughts on the problem and some possible points to raise with CEDR.

    Gatwick is EJ's largest base, by quite some margin, with something like 60 based aircraft and associated flight crew. Therefore, they should have standby or spare resources available to deal with this sort of problem. Whether there were many others on that day, which outstripped their resources is unknown and may be a possibility. This is unlikely however as this was not mentioned in their defence.

    The main point is that this was a knock on from a delay to a previous flight, your flight could not depart due to an earlier problem. This means the delay to your flight was not an extraordinary circumstance and does not let them off the compensation hook.

    Another area to scrutinise would be, did they do all that they could to prevent the cancelled flight? Given the size of their LGW base and the massive resources available to them, probably not. Did they attempt to put you on another flight, could they have got you there earlier?

    Without knowing the date, the weather conditions on that day, your flight details and how long ATC restrictions were in place, it's hard to say. Perhaps Google can help you here.

    Why did they re route you and still not get you to your destination? Were you left to make your own way from Bologna? Make this point to CEDR.

    Something which does not make any sense to me is that EJ state...

    "EZY 5296 (the Outbound Flight) from Milan Malpensa Airport (MXP) to LGW"

    This was diverted to SEN and EJ suggested that this was the prior flight to your own. However, if that was an outbound flight (from Milan) it follows that it should then return to Milan as the inbound flight and not become the aircraft to operate your flight. This could just be a typo or mistake on their behalf but it requires further investigation to be able to follow the reason given and the timeline.

    Good luck.
    Please read Vaubans superb guide.
    • razorsedge
    • By razorsedge 25th Apr 17, 12:31 PM
    • 343 Posts
    • 145 Thanks
    razorsedge

    20. Accordingly, the Flight was cancelled due to extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken for the purposes of Article 5(3) of the Regulation.
    Reasonable Measures
    21. The cancellation could not have been avoided even if all reasonable measures had been taken, within the meaning of Article 5(3).
    22. The Defendant will rely on the guidance provided by the CJEU to say that "all reasonable
    measures" means:
    "...measures appropriate to the situation, that is to say measures which, at the time those
    extraordinary circumstances arose, met, inter alia, conditions which were technically and
    economically viable for the air carrier concerned...That party must establish that, even if it had
    deployed all its resources in terms of staff or equipment and the financial means at its disposal, it would clearly not have been able - unless it had made intolerable sacrifices in the light of the capacities of its undertaking at the relevant time
    - to prevent the extraordinary circumstances with which it was confronted from leading to the cancellation of the flight". (Wallentin-Hermann (above) at §§ 40 and 43).
    23. The Defendant took all reasonable measures and/or employed all resources at its disposal to avoid the cancellation of the Flight including attempting to source a replacement aircraft and a replacement crew to operate the flight. There was no other reasonable and/or technically and/or economically viable option available to the Defendant that would have enabled it to operate the Flight."
    Originally posted by yelyahm91
    Section 22 states that they must establish that they could do nothing about the situation and section 23 states that they did, but, have they provided any actual proof that they took all reasonable measures?
    Last edited by razorsedge; 25-04-2017 at 12:33 PM. Reason: Tryping error
    The above is just my opinon - which counts for nowt! You must make up your own mind.
    • yelyahm91
    • By yelyahm91 26th Apr 17, 1:01 PM
    • 3 Posts
    • 0 Thanks
    yelyahm91
    Hi guys, thanks so much for your thoughts they're really helpful already. Here's a link to the full document I've received from Easyjet goo.gl/OseY9V if you'd like to have a proper look. They've attached screenshots of their system logs as their evidence which state the inbound flight was diverted to Southend due to the ATC restrictions and needing to refuel followed by no crew being available for our flight.

    The flight was due to depart at 17:50 on 10th October 2014, the weather wasn't great and there were delays but as far as I can remember ours was one of, if not the only, flight cancelled. I looked up the weather report for that evening and there was a thunderstorm at around the time we were due to depart which I have mentioned in my correspondence with Easyjet but they managed to operate another flight to a different destination departing at exactly the same time.

    As for rerouting to Bologna, they offered us a flight to Venice departing extremely late from Gatwick or the option to go to Bologna on a much earlier flight and make our own way there which we chose as we didn't want to waste the entire trip. I have had a full refund already for the expense to get from Bologna to Venice which went through really quickly surprisingly.

    Thanks again for your help
    • Tyzap
    • By Tyzap 26th Apr 17, 3:57 PM
    • 856 Posts
    • 448 Thanks
    Tyzap
    Hi yelyahm91,

    To double check your eligibility for compensation you could enter your details into a couple of online flight delay checkers such as this one at Botts...

    https://www.bottonline.co.uk/flight-delay-compensation/calculator

    Others are available.

    I cannot fathom your link to the EJ doc, but that may be just me!

    Good luck.
    Please read Vaubans superb guide.
    • Del123001
    • By Del123001 26th Apr 17, 4:39 PM
    • 3 Posts
    • 0 Thanks
    Del123001
    Hi,

    My mum and I fell foul of Easyjet's overbooking policy a couple of weeks ago. We were on stand by at the gate and after everyone else had boarding the gate staff told us there was one seat available and asked if one of us wanted to fly. At this point we did not know when the other of us would be able to fly so declined as we didn't really want to holiday on our own! Later they informed us that as one of us could have boarded, Easyjet will only pay compensation to one person.
    In my view this is wrong as I made the booking for two people together and Easyjet were not able to fulfil that booking so should pay compensation for both people.
    I have filled out their online claim form and put down that I was claiming for both of us and am now waiting for them to get back to me, however I already know that they will refuse to pay.
    Has anyone had any experience of this please?

    Also I should have added - Easyjet state on their website that in the case of overbooking they follow EU regulations and ask for volunteers not to fly in the first instance. This did not happen as we just told when we arrived at the airport to check in (online check in wouldn't work) that we didn't have a seat. Is this any kind of come back to them?

    Thanks
    Last edited by Del123001; 26-04-2017 at 4:44 PM. Reason: Additional information
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