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    • Robsey
    • By Robsey 13th Sep 17, 5:27 PM
    • 10 Posts
    • 0 Thanks
    Robsey
    Hi guys
    My flight home from Prague was cancelled on sunday night owing to the crew being over their hours due to congestion through the day. Do you think they'll pay up the €250 as they might say congestion isn't their fault. But I think they should have staff on hand that could cover this. Plus their turn around times are so tight that they never get a chance to make any time up. They got us a hotel and we got a refund for the return ticket. We'll also be submitting a claim for our new tickets to get home with a different airline as they had no availability for 72 hours. Thanks in advance.
    • Tyzap
    • By Tyzap 13th Sep 17, 8:50 PM
    • 1,066 Posts
    • 531 Thanks
    Tyzap
    Hi guys
    My flight home from Prague was cancelled on sunday night owing to the crew being over their hours due to congestion through the day. Do you think they'll pay up the €250 as they might say congestion isn't their fault. But I think they should have staff on hand that could cover this. Plus their turn around times are so tight that they never get a chance to make any time up. They got us a hotel and we got a refund for the return ticket. We'll also be submitting a claim for our new tickets to get home with a different airline as they had no availability for 72 hours. Thanks in advance.
    Originally posted by Robsey
    Hi Robsey,

    Submit your claim and see how they respond.

    I would say the reason for the cancellation is down to 'operational decisions' by EJ.

    Regarding the compensation and ticket side of things, the regulations are not crystal clear in this particular area so don't get your hopes up just yet.

    Good luck.
    Please read Vaubans superb guide.
    • JPears
    • By JPears 13th Sep 17, 10:42 PM
    • 3,165 Posts
    • 885 Thanks
    JPears
    But there is a possibilty of this through the ADR EJ has signed up to?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • JPears
    • By JPears 18th Sep 17, 11:33 PM
    • 3,165 Posts
    • 885 Thanks
    JPears
    bumped to tidy board
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Robsey
    • By Robsey 19th Sep 17, 4:27 PM
    • 10 Posts
    • 0 Thanks
    Robsey
    Hi guys, i posted a few days ago saying I was claiming under EU261 as my flight was cancelled from Prague. I've now had the claim rejected as they're saying it isn't their fault as they were subjected to ATC restrictions. Is it worth me fighting this further (paying the £25 if it's rejected by the arbitrator etc)?. I know it was cancelled as the air crew were up to their working hours. My view is they should have standby crew available and that would have prevented the flight being cancelled.
    • legal magpie
    • By legal magpie 19th Sep 17, 6:42 PM
    • 746 Posts
    • 352 Thanks
    legal magpie
    It depends on why there were ATC restrictions. If they couldn't get a slot because of delay (I.e. Their own delay led to further delay) you should be claiming. Don't take anything EJ say as true until it's been verified.
    • JPears
    • By JPears 19th Sep 17, 7:21 PM
    • 3,165 Posts
    • 885 Thanks
    JPears
    Verified in court
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • sixtysue
    • By sixtysue 22nd Sep 17, 3:39 PM
    • 2 Posts
    • 0 Thanks
    sixtysue
    I am looking for advice please
    Easy jet cancelled my flight from Newcastle to Nice last week. We were at the boarding gate for one hour waiting to board this delayed flight when they announced the flight was cancelled & to make our way to customer service. no explanation given but we heard that the crew were out of flying hours.
    On the Easy jet website they posted industrial action by French Traffic controllers meant they had to cancel flights.
    we were offered a refund on our flights & our hotel expenses.
    I filled in the online compensation claim form and Easy jet quoted extraordinary circumstances due to industrial action.
    Is it worth taking this any further. Thank you
    • Tyzap
    • By Tyzap 22nd Sep 17, 5:23 PM
    • 1,066 Posts
    • 531 Thanks
    Tyzap
    I am looking for advice please
    Easy jet cancelled my flight from Newcastle to Nice last week. We were at the boarding gate for one hour waiting to board this delayed flight when they announced the flight was cancelled & to make our way to customer service. no explanation given but we heard that the crew were out of flying hours.
    On the Easy jet website they posted industrial action by French Traffic controllers meant they had to cancel flights.
    we were offered a refund on our flights & our hotel expenses.
    I filled in the online compensation claim form and Easy jet quoted extraordinary circumstances due to industrial action.
    Is it worth taking this any further. Thank you
    Originally posted by sixtysue
    Hi Sixtysue,

    Did EJ give you full details on how this cancellation came about? If not they should have done. Just saying 'extraordinary circumstances due to industrial action' is not enough. They must give you full details, although they almost never do.

    I mention this because, imho, given these circumstances you can refer your case to CEDR who can adjudicate on the real reason without the threat of having to pay the £25 fee should you lose your claim.

    I would suspect that the flight crew going out of flying hours may be the main reason for the cancellation, however, we would need all the details to be able to decide. CEDR can ask EJ for these details on your behalf and they will be obliged to supply them.

    All these details should be made clear to the claimant in the first place but the airline regulator, the CAA, regularly turn a blind eye to such misdemeanours.

    Is it worth taking this any further?

    Cases such as this are rarely 'clear cut' so much will depend on your desire, commitment and resolve to reveal the reason for the cancellation.

    Good luck.
    Please read Vaubans superb guide.
    • sixtysue
    • By sixtysue 22nd Sep 17, 6:28 PM
    • 2 Posts
    • 0 Thanks
    sixtysue
    Thank you for your reply & advice Tyzap.
    Easy jet reply about exceptional circumstances was because of the air traffic control strike.
    I will take a look at CEDR.
    Thanks
    • cmjfletcher
    • By cmjfletcher 23rd Sep 17, 1:47 PM
    • 3 Posts
    • 0 Thanks
    cmjfletcher
    Hoping someone can advise or what compensation we'll be due as our flight had multiple cancellations / delays. Original flight from Stansted to Bilbao was scheduled for departure at 6:30pm. We boarded as usual and then were advised a bid strike had occurred and an engineer is working to resolve the issue. Two and a half hours passed on board before it was cancelled as the pilots had ran out of flying hours.

    We were put up in a hotel overnight and the flight was rescheduled for 11.15am next morning, with a new flight number. Boarded again as usual, this time we were informed there was a scratch on the wing and the engineer was working on it. Two and a half hours later we were taken back off the aircraft into the terminal.

    Reboarded for a third time and the plane eventually departed at 4:20 pm. 22 hours after our original scheduled flight and 5 hours after our rescheduled flight.

    A few questions I would be grateful if someone could help with:
    Are we due multiple compensation claims as two flights (two different flight numbers) we're cancelled / delayed?
    How much should we expect from easyJet and should they pay for the hotel we booked that didn't use?
    We also have travel insurance so should we make claims via the insurer and through easyJet?

    Thanks
    • 111KAB
    • By 111KAB 23rd Sep 17, 5:03 PM
    • 3,637 Posts
    • 1,478 Thanks
    111KAB
    2 claims - one off airline for delayed flight and second from insurers dependant upon type/level of insurance taken out. All details re airline claim can be referenced on Vauban's Guide.
    • cmjfletcher
    • By cmjfletcher 23rd Sep 17, 6:39 PM
    • 3 Posts
    • 0 Thanks
    cmjfletcher
    Thanks 111KAB. One thing I want to clarify is whether we should submit two compensation claims to easyJet as we had two flight numbers and easyJet's online claim form onlay lets you enter one flight number.

    So one claim for the cancelled flight, and a second claim for the delayed rescheduled flight?

    Then a third claim via our insurance company.
    • 111KAB
    • By 111KAB 23rd Sep 17, 7:31 PM
    • 3,637 Posts
    • 1,478 Thanks
    111KAB
    One claim to EasyJet.
    • Lyndon14
    • By Lyndon14 25th Sep 17, 9:32 AM
    • 1 Posts
    • 0 Thanks
    Lyndon14
    Hello,

    Our Easyjet flight was cancelled yesterday. We were given a new flight today with a new flight number. I have submitted the form for yesterday’s cancelled flight for compensation as we couldn’t take off as two cabin crew members injured their backs. Today members of the cabin crew aren’t here so looks like we will be delayed 3+ hours. Does anyone know if I can put a separate claim in?

    Thanks a lot
    • Tyzap
    • By Tyzap 25th Sep 17, 9:53 AM
    • 1,066 Posts
    • 531 Thanks
    Tyzap
    Hello,

    Our Easyjet flight was cancelled yesterday. We were given a new flight today with a new flight number. I have submitted the form for yesterday’s cancelled flight for compensation as we couldn’t take off as two cabin crew members injured their backs. Today members of the cabin crew aren’t here so looks like we will be delayed 3+ hours. Does anyone know if I can put a separate claim in?

    Thanks a lot
    Originally posted by Lyndon14
    Hi Lyndon14,

    There is some debate about this but I would put in two completely separate claims and see what they come back with.

    Two flights, two delays, two lots of inconvenience to the passenger so I don't see why not.

    Good luck and do let us know how it goes.
    Please read Vaubans superb guide.
    • VoteForPedro
    • By VoteForPedro 28th Sep 17, 11:59 AM
    • 4 Posts
    • 0 Thanks
    VoteForPedro
    Hi everyone I was the one a few pages back who was cancelled from Madrid and they kept giving different reasons why I didn't fall under EU compensation.

    I escalated it to the CEO and have had a man in her office "dealing" with it after they said they wouldn't pay my expenses back. He's agreed to refund part of them now after he tried to close the case without looking at it (he admitted this) but won't budge for showing me proof of the cancellation reason and said I have to take his word.

    This is his response about it:

    Further to our telephone conversation of today, Tuesday 27th September, we can again confirm that your flight EZY7104 was cancelled due to thunderstorm activity across Europe, which in turn caused Air Traffic Control restrictions leading to several delays and cancellations across the network. Flight EZY7104 had to be cancelled as a result of these Air Traffic Control restrictions pushing our crews over the maximum legal working hours.

    Is this a real reason I wouldn't be allowed compensation? I used the site you gave me which said I was eligible.

    If it is entitled to compensation could you please tell me what I can say back to him.

    Thanks guys.
    • JPears
    • By JPears 28th Sep 17, 12:31 PM
    • 3,165 Posts
    • 885 Thanks
    JPears
    If online checkers, such as Botts, think you have a valid claim, that is useful.
    Unfortunately you will either have to:
    1. Use the ADR the airline is signed up to, if there is one.
    or
    2. Start legal action. You will find out the truth here.
    3. Take a hit on the amount received and hand over to a NWNF firm such as Botts.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Tyzap
    • By Tyzap 28th Sep 17, 12:49 PM
    • 1,066 Posts
    • 531 Thanks
    Tyzap
    Hi everyone I was the one a few pages back who was cancelled from Madrid and they kept giving different reasons why I didn't fall under EU compensation.

    I escalated it to the CEO and have had a man in her office "dealing" with it after they said they wouldn't pay my expenses back. He's agreed to refund part of them now after he tried to close the case without looking at it (he admitted this) but won't budge for showing me proof of the cancellation reason and said I have to take his word.

    This is his response about it:

    Further to our telephone conversation of today, Tuesday 27th September, we can again confirm that your flight EZY7104 was cancelled due to thunderstorm activity across Europe, which in turn caused Air Traffic Control restrictions leading to several delays and cancellations across the network. Flight EZY7104 had to be cancelled as a result of these Air Traffic Control restrictions pushing our crews over the maximum legal working hours.

    Is this a real reason I wouldn't be allowed compensation? I used the site you gave me which said I was eligible.

    If it is entitled to compensation could you please tell me what I can say back to him.

    Thanks guys.
    Originally posted by VoteForPedro
    Hi VFP,

    Ask them for a deadlock letter and to refer your case to CEDR. The weather problems from earlier in the day caused a 'knock on' to your flight which was cancelled as a result. That is not an EC and compensation is due. CEDR should be able to sort this out.

    Good luck.
    Please read Vaubans superb guide.
    • VoteForPedro
    • By VoteForPedro 29th Sep 17, 3:18 PM
    • 4 Posts
    • 0 Thanks
    VoteForPedro
    Their reply

    Thank you for your e-mail, and I'm sorry to hear that you are not satisfied with our resolution.

    Further to the e-mail you have received from myself in our Executive Support team, I can confirm that your flight EZY 7104 was cancelled due to adverse weather and Air Traffic Control delays, which have consequently pushed the crew out of their operating hours. As the circumstances which led to the cancellation are deemed extraordinary, there is no EU compensation payable under regulation EC/261/2004.

    The weather conditions at the time led to inevitable and unavoidable delays – this had a consequential adverse effect on crew hours who are unable to exceed their maximum duty hours pursuant to CAP371 (Avoidance of Fatigue in Aircrews) as governed by the Civil Aviation Authority.

    In April 2013, the European Commission published a list of circumstances (NEB Guidelines) which it considers are "likely to constitute extraordinary circumstances for the purposes of the Regulation". Items 10 and 12 of the NEB Guidelines provide the following examples:

    Conditions and events incompatible with the safe operation of the flight. These conditions and events may be forecast to arise at either the airport of departure, the airport of arrival or along the intended flight path of the aircraft.
    Conditions and events resulting in capacity restrictions at either the airport of arrival or the airport of departure.

    This has been supported by the Civil Aviation Authority who have endorsed the NEB Guidelines with its own updated list published in March 2016. Items 10 and 12 are reflected within the same CAA List. For the avoidance of doubt, the root cause of the cancellation of your flight is due to the adverse weather conditions which we would maintain is an extraordinary circumstance.

    As you are not satisfied with our resolution, you are welcome to contact an Alternative Dispute Resolution (ADR) supplier. The Centre for Effective Dispute Resolution (CEDR) is approved by the CAA to provide dispute resolution services and an independent view of your complaint under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015. CEDR can be contacted at the below address:

    Centre for Effective Dispute Resolution
    70 Fleet St - London - EC4Y

    You will need to refer your complaint to CEDR within 12 months of this letter.
    As a consumer you may use the European Commission's online dispute resolution platform to submit your complaint if you wish. This can be done by completing the electronic form available via this link:
    We apologise for any inconvenience caused to you, but please feel assured we have done all we can to investigate this matter. This e-mail will be our final response, and we cannot engage in any further communication regarding your claim.





    We fully respect any decisions you make regarding onward referral.
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