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    • Tyzap
    • By Tyzap 1st May 17, 6:35 PM
    • 982 Posts
    • 494 Thanks
    Tyzap
    Duty of care.
    Our flight from Malaga to Manchester, EZY1934 on Fri 21/4/17, was delayed by 2hr 15min.

    The pilot later reported that the reason for the delay was that the original pilot had reported sick that morning, and that he had then been called out to replace him.

    No duty of care was offered by EJ at Malaga airport so we bought our own snack and kept the receipt.

    I submitted our request for the repayment of our expenses via the EJ website, although the info here was contradictory. EJ themselves firstly say you can only claim expenses after a delay of 3 hours, further into the small print they reveal a quote from the 261 regs which affirms that a duty of care starts after 2 hours.

    EJ refused our claim saying it was below 2 hours! It wasn't and they know it.

    Our claim is for less that 20 euros but they are still prepared to give out 'alternative facts' in an effort to wriggle off the hook.

    They will probably get away with this dishonesty with the other 178 passengers on the same flight too.

    I have sent them a very strongly worded reply, so lets see where this goes next.
    Please read Vaubans superb guide.
    • NoviceAngel
    • By NoviceAngel 1st May 17, 6:53 PM
    • 1,875 Posts
    • 567 Thanks
    NoviceAngel
    I tend to agree with Vauban.

    EJ and CEDR would probably have to follow the 'letter of the regs' but I do feel that a judge, who has a little more discretion, may be more sympathetic.
    Originally posted by Tyzap

    For what it's worth, I would agree with Vauban.

    In a recent case of mine(not flight delay related) I lost a case on the judge interpreting the letter of the law with absolutely no discretion for common sense.

    I can't form a legal argument about this, all the regulars are more adept, but I would say relying on a common sense of fairness and justice from a DJ is somewhat a rarity.

    I'm less optimistic than most these days....
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!
    If I've helped you, please help us HERE!
    • JPears
    • By JPears 2nd May 17, 9:37 AM
    • 3,072 Posts
    • 865 Thanks
    JPears
    So, if for example, you were flying to catch a cruise and only one could go on the cruise because the second passeneger arrived a day late simply due to an airlines moneygrabbing policy. Is that acceptable?
    Or your onward journey required both drivers or passengers?
    Never mind the fact that 261/2004 came into being precisely to prevent this sort of thing happening? Yet the airlines continue to ignore it 12 years on.
    I think there is a strong legal case using the preamble to state the intended purpose of the regulations.
    Last edited by JPears; 02-05-2017 at 9:40 AM.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • 111KAB
    • By 111KAB 2nd May 17, 10:59 AM
    • 3,627 Posts
    • 1,477 Thanks
    111KAB
    Or JP - both booked in however only one (ie one denied boarding) has booked 20kg luggage. Definitely not allowed to pass over cases so one person arrives at destination with no clothes! Good headline for the Sun.... "EasyJet force passenger to go naked on holiday".
    • JPears
    • By JPears 2nd May 17, 12:33 PM
    • 3,072 Posts
    • 865 Thanks
    JPears
    Exactly! My partner and I usually have a large case between us.
    What if one passeneger had been a child or elderly/infirm.
    I think EJ are on a very sticky wicket if it goes to court.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Del123001
    • By Del123001 5th May 17, 1:19 PM
    • 3 Posts
    • 0 Thanks
    Del123001
    Exactly! My partner and I usually have a large case between us.
    What if one passeneger had been a child or elderly/infirm.
    I think EJ are on a very sticky wicket if it goes to court.
    Originally posted by JPears
    From what I understand JP, Easyjet will not put a child on standby. The taxi driver who drove us to Glasgow from Liverpool airport said that the day before he had taken a couple to Bristol airport with the same situation except they had actually been sat on the plane when they told them they couldn't fly. The reason being that another couple with a child who did not have seats could not be put on standby due to the child. They claimed that this couple were the last to check in before the family and therefore they could not fly!

    Like I mentioned earlier the EU regulation states that in the first instance the airline should ask for volunteers not to fly (and receive compensation) and then if no one comes forward they can deny boarding but this does not seem to be happening.

    I did phone Easyjet last week to see if they had actually received my claim form (I never received any kind of confirmation email). The woman said she wasn't able to tell as it was dealt with by a different team but said she would look into the claim and phone me back, but still waiting as yet.

    Even if they refuse to pay for the second passenger we are definitely entitled to one lot of compensation but it seems that even getting that may take a while!
    • catnun
    • By catnun 12th May 17, 6:41 PM
    • 3 Posts
    • 0 Thanks
    catnun
    Lisbon airport fuelling issues caused 5h+ delay
    Hi,

    On Wednesday I was lucky enough (not) to be at Lisbon airport when they were having fuelling issues. According to the Portuguese press both the main and the backup fuelling system had air put into it (not on purpose I assume) which cause the pumps to stop working.

    My EasyJet flight to Luton was therefore delayed on departure for over 4h and a detour to Faro airport was necessary to fuel. This lead to an about 5h30min delay on arrival.

    From my understanding EasyJet will try and get away with it because it wasn't their fault, however and because no vouchers were given all I was given food/drink wise was a snack and a soft drink. And there weren't enough sandwiches on board for all the passengers.

    Now because instead of arriving at Luton at 6.30pm as planned I arrived at midnight I had to book a minicab to get me home (tube doesn't work all night and I don't live in central London so a train wouldn't have got me much closer) so have people been successful in claiming travel expenses back? And what's the best way to do it?

    Many thanks in advance
    • Tyzap
    • By Tyzap 12th May 17, 9:19 PM
    • 982 Posts
    • 494 Thanks
    Tyzap
    Hi catnun,

    Regarding additional claims for expenses, I suggest that using CEDR may be the best way forwards.

    The following article is from the 'better enforcement' document which are Interpretative Guidelines on Regulation (EC) No 261/2004.

    In any event, passengers who feel that they are entitled to have more of their expenses reimbursed or to obtain compensation for damage suffered as a result of a delay, including expenses, retain the right to base their claims on the provisions of the Montreal Convention, as well as Article 3 of Regulation (EC) No 2027/97 and to pursue the air carrier through a national court procedure or address themselves to the competent national enforcement body. In some Member States passengers may have to address themselves to alternative dispute resolution for consumer disputes entities (see paragraph 7.3 below).

    Easyjet are members of CEDR, the ADR scheme. A read of the following article suggests that you can claim additional expenses, as well as a disputed flight delay claim, under EC261/2004.

    https://www.cedr.com/aviation/docslib/11-cedr-aviation-adjudication-scheme-rules-3rd-edition-final.pdf?v=1490975067

    Also try putting your flight details into an online flight delay checker to see if you are also due EC261/2004 delay compensation and read Vaubans guide, just Google it.

    Good luck.
    Please read Vaubans superb guide.
    • Laurajoanne1979
    • By Laurajoanne1979 12th May 17, 10:29 PM
    • 2 Posts
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    Laurajoanne1979
    Hello can anyone advise please. I applied for compensation for an 8 hour delayed flight. I applied 2 months before the 6 year deadline and heard nothing back, even though I know it was definitely received by them. Then suddenly 1 week after the 6 year deadline they say my claim is unsuccessful as it's too late. Apparently if it's filed with the court after 6 years then it's too late. I feel like they have deliberately left it late. Thanks for any advice :-)
    • Caz3121
    • By Caz3121 12th May 17, 10:43 PM
    • 10,775 Posts
    • 7,021 Thanks
    Caz3121
    Hello can anyone advise please. I applied for compensation for an 8 hour delayed flight. I applied 2 months before the 6 year deadline and heard nothing back, even though I know it was definitely received by them. Then suddenly 1 week after the 6 year deadline they say my claim is unsuccessful as it's too late. Apparently if it's filed with the court after 6 years then it's too late. I feel like they have deliberately left it late. Thanks for any advice :-)
    Originally posted by Laurajoanne1979
    that is correct...you need to have commenced court proceedings within 6 years of the flight date. When you heard nothing back within a couple of weeks, you should have quickly issued a NBA, given a deadline for response and then started court proceedings. Having left it so late, most airlines would let it drag over the 6 years so it is timed out
    Shame you didn't post on here earlier
    • Tyzap
    • By Tyzap 12th May 17, 10:51 PM
    • 982 Posts
    • 494 Thanks
    Tyzap
    Hello can anyone advise please. I applied for compensation for an 8 hour delayed flight. I applied 2 months before the 6 year deadline and heard nothing back, even though I know it was definitely received by them. Then suddenly 1 week after the 6 year deadline they say my claim is unsuccessful as it's too late. Apparently if it's filed with the court after 6 years then it's too late. I feel like they have deliberately left it late. Thanks for any advice :-)
    Originally posted by Laurajoanne1979
    Hi Laurajoanne1979,

    I'm sorry to say that in reality you left it 5 years and 10 months too late.

    Had you started your litigation within the 6 limitation period, in England, Wales and NI, then they would still have a case to answer. Unfortunately the airlines are masters of timing claimants out.

    There really isn't anything you can do now except remembering for the future.
    Please read Vaubans superb guide.
    • Ganga
    • By Ganga 13th May 17, 6:52 AM
    • 710 Posts
    • 337 Thanks
    Ganga
    Hello can anyone advise please. I applied for compensation for an 8 hour delayed flight. I applied 2 months before the 6 year deadline and heard nothing back, even though I know it was definitely received by them. Then suddenly 1 week after the 6 year deadline they say my claim is unsuccessful as it's too late. Apparently if it's filed with the court after 6 years then it's too late. I feel like they have deliberately left it late. Thanks for any advice :-)
    Originally posted by Laurajoanne1979
    You also left it late.
    ITS NOT EASY TO GET EVERYTHING WRONG ,I HAVE TO WORK HARD TO DO IT!
    • Laurajoanne1979
    • By Laurajoanne1979 13th May 17, 9:53 AM
    • 2 Posts
    • 0 Thanks
    Laurajoanne1979
    Not sure how to copy quotes into this thread. New to this :-).

    I know everyone has said I left it too late but I didn't even know that compensation for delayed flights was a 'thing'. It's only because I heard it advertised on the radio just before I applied. Also as a person with no legal knowledge of how any of this works, I thought as long as I made the initial application (through the Resolver website) before the 6 years, I thought I would be ok. Nowhere does it say that it has to be filed in court before this time. I think the whole thing is very unfair, and the fact that the airline has dragged this out to over the 6 year mark is very sneeky of them. We were stuck in Manchester airport for over 10 hours in total with a severely autistic child who got very stressed out, we lost the first day of our holiday and all we got was vouchers for lunch. We weren't even offered a room in the airport where we could take our child to get out of her wheelchair and have time out in a secure room. The whole process was awful :-(
    • legal magpie
    • By legal magpie 13th May 17, 10:35 AM
    • 729 Posts
    • 346 Thanks
    legal magpie
    The time limits have noting to with the airlines. They apply to all Court cases, not just airline claims. Some limits are less, especially personal injury claims which is 3 years.
    • JPears
    • By JPears 13th May 17, 12:42 PM
    • 3,072 Posts
    • 865 Thanks
    JPears
    LJ 79 - its statute of limitations, not the airlines. Yes they wil play you to run out of time, they are a business, they have no compassion other than to their shareholders.
    The fact that you were not aware of the compensation rules is irrelevant I'm afraid. Ignorance is not valid in law, alas.
    Maybe next time, as 12 years after the regulation came into effect, the airlines are still abusing passengers.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • ycy0116
    • By ycy0116 17th May 17, 11:50 AM
    • 19 Posts
    • 3 Thanks
    ycy0116
    Easyjet does not comply with CEDR's decision
    Hi, anyone can give me some suggestions? I don't know what to do now.
    CEDR has already ruled that I won the case, and Easyjet suppose to comply with their decision by mid-march, but so far Easyjet has not responded, nor pay the compensation, how can I chase up with the case? what should I do next? shoud I contact Easyjet directly?
    Many thanks.
    • JPears
    • By JPears 17th May 17, 12:31 PM
    • 3,072 Posts
    • 865 Thanks
    JPears
    Have you contacted CEDR to say that payment has not been made 2 months on?
    If so, then make a complaint to CEDR and make a complaint to CAA. It probably won't help in your individual case but the more that CAA are made aware of airline's refusal to abide with the law, the more likely they may do something about it.
    You will have to contact EJ with a Letter before Action (see Vauban's Guide) . The likelihood of indefensible court action may prompt EJ to pay up.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Bobbee62
    • By Bobbee62 30th May 17, 9:43 AM
    • 1 Posts
    • 0 Thanks
    Bobbee62
    Easyjet Flight EZY7065 - Compensation Claim.
    On May 15th this year our Easyjet flight (EZY7065) from Liverpool to Nice was delayed for technical reasons by what I and some of my fellow passengers believed to be over the 3 hours threshold for compensation.
    My subsequent claim for compensation was rejected because Easyjet say the delay was only 2hrs 59min.
    Flightaware gives the time at 2hrs 59min.
    Can anyone help? Who records the official flight times. Is the Flightaware time the industry official time and does this take into account when the aircraft door is opened to allow people to disembark?
    • Vauban
    • By Vauban 30th May 17, 9:59 AM
    • 4,671 Posts
    • 2,070 Thanks
    Vauban
    Please post on the easyjet thread, rather than starting a new one of your own. Am sure folk will answer your question there.
    • Justice13075
    • By Justice13075 30th May 17, 10:02 AM
    • 984 Posts
    • 420 Thanks
    Justice13075
    Put your flight details into flight checkers like Bottonline and EuClaim they will tell you if they think you have a claim.
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