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    • duckling07
    • By duckling07 30th May 17, 4:35 PM
    • 2 Posts
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    duckling07
    Hoping someone can help.

    Flight EZY8117 from Gatwick to Zurich on Fri 26 May was delayed 1.5 hours when we arrived at the airport. When we got to the boarding gate, we were waiting around again with no information. Finally we were told that the plane was late arriving due to a knock on from the baggage issues at Gatwick that morning, and the crew were over their flying hours so they were finding us a standby crew. Another hour passed, and they announced that we would be delayed overnight as there were no standby crew.

    We were put up overnight, and whilst waiting for a taxi to get to the hotel got a text from EasyJet saying our flight had been rescheduled to 1700 on Saturday, 23 hours later than it was supposed to depart.

    This caused a huge upset for us, as we were flying out for my cousins wedding - which started at 1400 on the Saturday. Myself, my partner and my sister were due to be flying home on the Sunday, so didn't take the rescheduled flight as we would have missed almost the whole wedding by the time we arrived. My parents did still fly as they were staying for longer, and made the last hour of the reception.

    I understand that as we didn't take the flight we can't claim the compensation under the EU directive - even though we would have missed the entire reason for our trip. Is that correct? It seems so wrong that such a severe delay should be dealt with in the same was as one for 3 hours...

    EasyJet have refunded us our flights, but will not pay any of the expenses claim that myself and my partner put in - the hotel in Switzerland was already paid for, as were the train tickets getting us from our home to the airport. We essentially wasted 2 days, travelling to the airport, staying in an airport hotel and travelling home, and are out of pocket over £300 - not including the time taken off work on the Friday (my partner is self-employed). Surely this isn't right? I have not only missed a really important family occasion but am now significantly out of pocket due to their lack of contingency planning.

    What's more frustrating is that my sister also received an email this morning to say that her expense claim for train travel has been paid! So, their procedures clearly aren't set in stone if her train fare to and from the airport was paid but mine and my partners wasn't. I can only think that it will be because her claim was much less money than ours as she lives much closer?

    I have escalated my complaint this morning. When I spoke to the customer services again they told me the delay was due to air traffic control. Is this so they can get out of paying EU compensation? Because it's untrue - we were told 3 times in the departure gate that it was due to the lack of standby crew.

    Any help with regards to what I can do would be much appreciated.
    • JPears
    • By JPears 30th May 17, 5:30 PM
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    JPears
    They are probably fobbing you off. You seem to have the facts of the delay cause ie there inability to have contingency at a main EHJ hub.
    You are due compensation under reg 261/2004 for your outbound flight and a refund of your out and home flights as you were delayed by more than 5 hours.
    Download Vaubans most excellent guide. All will be explained then ome back if any further questions.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • duckling07
    • By duckling07 30th May 17, 9:50 PM
    • 2 Posts
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    duckling07
    They are probably fobbing you off. You seem to have the facts of the delay cause ie there inability to have contingency at a main EHJ hub.
    You are due compensation under reg 261/2004 for your outbound flight and a refund of your out and home flights as you were delayed by more than 5 hours.
    Download Vaubans most excellent guide. All will be explained then ome back if any further questions.
    Originally posted by JPears
    Thank you, I'll look at that now.
    Do I definitely still get compensation under 261/2004 even though I didn't actually take the rescheduled flight? They said that as I didn't take it and cancelled my seat on it, it was my decision and I'm not deemed to have been negatively affected by the delay... Y'know, apart from missing my cousins wedding and all that.
    • JPears
    • By JPears 30th May 17, 10:49 PM
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    JPears
    If your flight was delayed, or expected to be delayed more than 5 hours, you can claim both a refund in full, as the return part of your journey was pointless, and compensation.
    EJ will basically tell you untruths and misinformation to avoid paying out.
    google the regulation 261/2004 ( I think there is a link in Vauban's guide)
    Read thru you will find the relevant article.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Vauban
    • By Vauban 30th May 17, 11:24 PM
    • 4,639 Posts
    • 2,057 Thanks
    Vauban
    If your flight was delayed, or expected to be delayed more than 5 hours, you can claim both a refund in full, as the return part of your journey was pointless, and compensation.
    EJ will basically tell you untruths and misinformation to avoid paying out.
    google the regulation 261/2004 ( I think there is a link in Vauban's guide)
    Read thru you will find the relevant article.
    Originally posted by JPears
    Is this correct? I'm not sure it is.

    It would feel (to me) unjust not to give compensation to someone whose flight is delayed by over five hours, and who decide not to travel. But what does the Regulation and the binding case law say?

    The original regulation makes provision for a refund, but doesn't talk about compensation for delays - it only allows for compensation for denied boarding and cancellations. It was the Sturgeon judgement that said delays could also give rise to compensation payments, based on the regime outlined in the regulation for rerouted flights that were cancelled. And what was the condition laid down?

    "...Articles 5, 6 and 7 of Regulation No 261/2004 must be interpreted as meaning that passengers whose flights are delayed may be treated, for the purposes of the application of the right to compensation, as passengers whose flights are cancelled and they may thus rely on the right to compensation laid down in Article 7 of the regulation where they suffer, on account of a flight delay, a loss of time equal to or in excess of three hours, that is, where they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier."

    In other words, for the passenger to qualify for the compensation payment (not the refund or duty of care provision) they must travel and arrive three hours late. If this doesn't happen, I don't see there's a right to compensation.

    I would be delighted to be shown I am wrong on this point though.

    EDIT: Citizens Advice would appear to agree with this interpretation unfortunately:

    https://www.citizensadvice.org.uk/consumer/holiday-cancellations-and-compensation/if-your-flights-delayed-or-cancelled/
    Last edited by Vauban; 30-05-2017 at 11:32 PM.
    • JPears
    • By JPears 31st May 17, 12:55 PM
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    • 844 Thanks
    JPears
    Again, in this case, I suspect the passenger's flight was actually cancelled, since their replacement flight was nearly 24 hours later ie placed on next day's flight.
    So your reasoned arguement above may not apply here
    To your reasoned arguements - the critical part would appear to be one's interpretation of :
    " laid down in Article 7 of the regulation where they suffer, on account of a flight delay, a loss of time equal to or in excess of three hours, that is, where they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier."
    If the passenger were to be delayed by 3 hours ie remain at the airport, having presented themselves for travel, they have suffered that delay rrespective of whether or not they then actually travel or not?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • antonove
    • By antonove 31st May 17, 7:11 PM
    • 2 Posts
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    antonove
    Madeira return flight 120617
    Our flight was cancelled because the plane steps put a hole in the plane fuselage. To be fair, we were put up in a good hotel for the night, and provided with a meal, a nice room and then breakfast in the morning. We were given the details of where to claim by the airport staff. In all, we were delayed from time of flight 2030hrs.on 12th., to take-off 1030hrs.approx. on 13th.
    Are we due compensation? We missed an important family engagement on 13th! Your help would be greatly appreciated.
    Regards
    Tony Overend
    • Vauban
    • By Vauban 31st May 17, 7:43 PM
    • 4,639 Posts
    • 2,057 Thanks
    Vauban
    Again, in this case, I suspect the passenger's flight was actually cancelled, since their replacement flight was nearly 24 hours later ie placed on next day's flight.
    So your reasoned arguement above may not apply here
    To your reasoned arguements - the critical part would appear to be one's interpretation of :
    " laid down in Article 7 of the regulation where they suffer, on account of a flight delay, a loss of time equal to or in excess of three hours, that is, where they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier."
    If the passenger were to be delayed by 3 hours ie remain at the airport, having presented themselves for travel, they have suffered that delay rrespective of whether or not they then actually travel or not?
    Originally posted by JPears
    I'm not a lawyer, so my view is no more valid than yours. But my reading of the sentence you highlight is that the definition of a three hour delay is defined by the criteria of when the passenger arrives at the destination. The key phrase is "that is".
    • antonove
    • By antonove 1st Jun 17, 8:16 AM
    • 2 Posts
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    antonove
    Thanks for the prompt reply. There was no scheduled flight on the following day. A plane was flown in specially form Milan. Incidentally, there was no hot food on the plane, only crisps etc., and hot drinks.
    • Tyzap
    • By Tyzap 1st Jun 17, 9:43 AM
    • 924 Posts
    • 472 Thanks
    Tyzap
    Our flight was cancelled because the plane steps put a hole in the plane fuselage. To be fair, we were put up in a good hotel for the night, and provided with a meal, a nice room and then breakfast in the morning. We were given the details of where to claim by the airport staff. In all, we were delayed from time of flight 2030hrs.on 12th., to take-off 1030hrs.approx. on 13th.
    Are we due compensation? We missed an important family engagement on 13th! Your help would be greatly appreciated.
    Regards
    Tony Overend
    Originally posted by antonove
    Hi Tony,

    Yes you are due EC261 compensation.

    Your situation has been tested in the courts and the airlines must pay. They, in turn, can claim from the 3rd party who caused the fault, if they want to.

    At least in this case you were well looked after so some credit to EJ.

    Good luck.
    Please read Vaubans superb guide.
    • JPears
    • By JPears 1st Jun 17, 10:25 AM
    • 2,976 Posts
    • 844 Thanks
    JPears
    removed as incorrect and confused.
    Last edited by JPears; 01-06-2017 at 3:28 PM.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Vauban
    • By Vauban 1st Jun 17, 2:32 PM
    • 4,639 Posts
    • 2,057 Thanks
    Vauban
    I think this chain has got confused because Antonove thought I was responding to him. I wasn't. To be clear, Antonove's case seems clear cut and there's no need for further testing in court - there's already a binding ECJ case for this kind of incident.
    • JPears
    • By JPears 1st Jun 17, 3:28 PM
    • 2,976 Posts
    • 844 Thanks
    JPears
    Oops, no my bad, confusing different posts. My post edited.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Sls
    • By Sls 3rd Jun 17, 11:50 PM
    • 1 Posts
    • 0 Thanks
    Sls
    Hi everyone!
    Hoping to get some help. I had a flight from Luton to Hamburg which was diverted to Bremen. Diversion was due to a weather conditions. They kept us in the plane for amost an hour until they waited for decision. EJ ops decided not to fly back to Hamburg and we've been told there are coches to get us to Hamburg. In reality there were no coaches and EJ texted us an advice to take a train. Basically they abandoned us in the middle of the night. That was night and we had to take a taxi to train station, train to Hamburg.
    As far asI understand if a flight is diverted EJ is liable to get me to my final destination. Problem I've got I dont have any receipt of taxi or train ( it was night, i was alone, don't speak german. Shortly telling distressed and dont know where i lost my train ticket)
    Easyjet site says i can claim refund if i have receipts.
    Can I still claim as they know they dumped us there in the middle of the night. Also, after taking train i got to Hamburg at 2am. Supposed to arrive to Hamburg at 9pm. Can i claim flight delay as well based on that?
    Thanks a lot!
    • Dave1979
    • By Dave1979 5th Jun 17, 3:56 PM
    • 107 Posts
    • 33 Thanks
    Dave1979
    We had a Gatwick - Edinburgh flight cancelled about an hour before take off. The ground staff told us it was due to crew working all their allocated permitted hours. It was late at night and the same weekend as the massive BA IT failure and the next available Easyjet flight was 2 days later! We managed to get a BA London City flight the next day and Easyjet put us up in the Hilton next door. The Easyjet staff specifically told everyone at the gate that the EU261 compensation would apply in this case and to keep any receipts to claim.

    Just got an e-mail saying it won't be paid due to it being due to air traffic control problems. Well !!!!ed off! The BA flights were about an extra £150 on top of the refunded Easyjet prices. Some people at the gate were hiring a car and driving back to Edinburgh.

    Any avenue to take this further or just try the travel insurance?
    • Justice13075
    • By Justice13075 5th Jun 17, 4:01 PM
    • 956 Posts
    • 417 Thanks
    Justice13075
    Put your flight details into Bottonline and EuClaim flight compensation checkers and see what they say.
    • Dave1979
    • By Dave1979 5th Jun 17, 4:39 PM
    • 107 Posts
    • 33 Thanks
    Dave1979
    Put your flight details into Bottonline and EuClaim flight compensation checkers and see what they say.
    Originally posted by Justice13075
    Cheers. I have submitted a claim with Bott & Co.
    • JPears
    • By JPears 5th Jun 17, 5:19 PM
    • 2,976 Posts
    • 844 Thanks
    JPears
    We had a Gatwick - Edinburgh flight cancelled about an hour before take off. The ground staff told us it was due to crew working all their allocated permitted hours. It was late at night and the same weekend as the massive BA IT failure and the next available Easyjet flight was 2 days later! We managed to get a BA London City flight the next day and Easyjet put us up in the Hilton next door. The Easyjet staff specifically told everyone at the gate that the EU261 compensation would apply in this case and to keep any receipts to claim.

    Just got an e-mail saying it won't be paid due to it being due to air traffic control problems. Well !!!!ed off! The BA flights were about an extra £150 on top of the refunded Easyjet prices. Some people at the gate were hiring a car and driving back to Edinburgh.

    Any avenue to take this further or just try the travel insurance?
    Originally posted by Dave1979
    What you need to find out is the cause of the delay/cancellation. If it was air crew hours, you are probably due compensation. If it was just ATC restrictions, then probably not. If air crew issues caused the majority of the delay up to 3 hours, then ATC caused further delay, probably still due compensation.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Joosh
    • By Joosh 14th Jun 17, 3:44 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
    Originally posted by Joosh
    Hi all,

    In reference to the above, I had read Vaubans guide and used it to good effect until recently when the European Court decided that Bird Strikes are extraordinary....

    My issue with EasyJet's rejection of my case is that it took them over 24 hours to get another flight in order. Not only that, but the flight my family were due to be travelling on wasn't the one that got hit, it was on an incoming flight.

    The downside is EasyJet aren't being easy about revealing why it took 24 hours after the scheduled flight time to get them onto another plane, given that Gibraltar is only a few hours away from Bristol.

    I feel that it was an unnecessarily long delay for a bird strike in mainland Europe...

    Regards,
    Josh
    If its not cheap, find a way to make it cheap.
    • Saz88
    • By Saz88 14th Jun 17, 4:02 PM
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    Saz88
    Hi all,

    I hope someone can help. Our Easyjet flight which was meant to fly out on Sunday 11 June, 2018 at 21.35 from Berlin Schoenefeld to London Gatwick was delayed for 11.5 hours. We were given overnight accommodation and was put on a flight on 12 June which finally arrived in London Gatwick at 9.55am. As it was an EU flight I understand I was entitled to compensation which I had applied for via the Easyjet form.

    I have had a response from Easyjet saying the flight from Berlin Schoenefeld to London Gatwick was overnight delayed due to an Air Traffic Control strike. This story is totally different to what the Pilot told us on the plane and by the staff at the airport. The pilot told us that due to the delay s earlier in the day the staff members had worked over their contracting hours.

    Please can any advise what is the next step in appealing against this and is there a way to check if there was really a Air Traffic Control strike which I think is not true as the planes were flying that day.

    Thanks
    Sarah
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