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    • JPears
    • By JPears 29th Sep 17, 4:12 PM
    • 3,154 Posts
    • 885 Thanks
    JPears
    Did the weather actually affect your flight directly?
    If not, that extensive wordage/bovine excrement is irrelevant.
    If the weather affected the previous flight, go to CEDR.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Tyzap
    • By Tyzap 29th Sep 17, 10:13 PM
    • 1,058 Posts
    • 527 Thanks
    Tyzap
    Hi VFP,

    Take your case to CEDR, as suggested, and inform them that the thunderstorms caused a 'knock on' delay to your flight which was not directly affected by them.

    Refer them to the Finnair v Timy Lassooy case in support of your case.

    Good luck.
    Please read Vaubans superb guide.
    • Essrxgirl72
    • By Essrxgirl72 2nd Oct 17, 4:41 PM
    • 1 Posts
    • 0 Thanks
    Essrxgirl72
    Confused
    Hi All

    Need a bit of advise.

    On 22nd September our flight from Malaga to Gatwick was delayed. It was originally due to depart at 23:50 (EZY8616) on the way to the airport we where notified it was delayed but told to still arrive as if it wasn't, which we did. During the next few hours the flight was delayed further and where then given €4.50 each for refreshments.

    At approx 01:00 we were notified by text that the flight would be delayed to 16:00 on the 23rd September (the flight number for this was changed to EZY9616) and where taken out of the departure area to the Easyjet desk. Eventually when a manager appeared it was explained that they where trying to get us overnight accommodation but not having much luck and would only be able to get families and those with special needs into hotels. At 02:30 we where advised by text and by the manager/staff that they could not find us anything and if we would have to stay at the airport (unless we could find our own accommodation - which we tried to and couldn't) we asked if they would be able to provide us with blankets/somewhere more comfortable to sleep which they couldn't . We where then given a €15 card to purchase food/drinks.
    I was made aware of a BA flight to London City departing at 06:00 by other passengers and asked the Easyjet staff if I booked this flight home would I be able to still claim compensation which they said I would, I asked 3 different staff members. As we had not been provided with anywhere to sleep and with the prospect of spending another 14 hours at the airport and with the reassurance of the Easyjet staff I booked the BA flight home.

    I put in my compensation claim but have received a response from Easyjet saying that I am not entitled to compensation as I did not board the rescheduled flight.

    What should I do now? Am I entitled to compensation or are they trying to fob me off? I have read Vauban's Guide but couldn't find anything in relation to my case.
    Should I go back to Easyjet and argue the case or take to CEDR?
    • legal magpie
    • By legal magpie 2nd Oct 17, 5:02 PM
    • 744 Posts
    • 351 Thanks
    legal magpie
    Do you know the names of any of the staff members you spoke to. Even if you don't I would sue EasyJet anyway. You acted entirely reasonably.
    • Lovetotravel
    • By Lovetotravel 4th Oct 17, 11:28 AM
    • 363 Posts
    • 318 Thanks
    Lovetotravel
    I submitted a claim on 10 August, which was accepted and I'm STILL waiting for the payment. I've been in touch with them twice over the past couple of months and they just say sorry and it will be 15 more working days.

    Has this happened to anyone else?
    • JPears
    • By JPears 4th Oct 17, 12:07 PM
    • 3,154 Posts
    • 885 Thanks
    JPears
    I submitted a claim on 10 August, which was accepted and I'm STILL waiting for the payment. I've been in touch with them twice over the past couple of months and they just say sorry and it will be 15 more working days.

    Has this happened to anyone else?
    Originally posted by Lovetotravel
    Send an NBA stating you will commence legal action for recovery of money owed unless payment is received within 14 days.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • legal magpie
    • By legal magpie 4th Oct 17, 12:51 PM
    • 744 Posts
    • 351 Thanks
    legal magpie
    Agreed. The longer you give them, the longer they'll take. Remember Parkinson's Law. "Work expands so as to fill the time available for its completion"
    • twinkle007
    • By twinkle007 6th Oct 17, 11:48 AM
    • 23 Posts
    • 4 Thanks
    twinkle007
    2 hours 59 minutes delay!
    Hi

    I wondered if anyone could advise which sources airlines use to determine length of delay please?

    I flew with Easyjet on EZY1923 on 24/09/17 from MAN to Malaga. Our flight took off over 3.5 hours late and landed at 14:00. Our scheduled arrival time was 11:00. Different websites give different landing times.

    Thanks in anticipation
    • JPears
    • By JPears 6th Oct 17, 1:49 PM
    • 3,154 Posts
    • 885 Thanks
    JPears
    They will use whatever source is convenient to them.
    The actual time of arrival is when the doors of the aircraft open.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • MJay
    • By MJay 9th Oct 17, 12:14 PM
    • 137 Posts
    • 237 Thanks
    MJay
    Easyjet and weather
    I wonder if anyone can advise me, please? I was due to fly home from Barcelona on the 21.35 flight with Easyjet 26/09/17 but needed to get home earlier. The evening before (around 7.00 p.m.) i changed my flight to the 11.00 a.m. morning flight (same day) and paid an additional £120 for the flight change. At 5.00 a.m. on the day I was due to fly, I received a message that my flight was cancelled.

    Fog in Liverpool on the evening of the 25th September had meant that some flights were diverted and the next morning flights/ crew were "in the wrong place" so the morning flight from Barcelona was cancelled. They have now informed me that they will NOT pay compensation because the delay was caused by weather conditions.

    I believe that the weather conditions would have been KNOWN when I paid £120 to change my flight. Can anyone advise me whether I have any redress for either the refund of the extra payment or compensation, please?
    Older and growing
    • Tyzap
    • By Tyzap 9th Oct 17, 4:16 PM
    • 1,058 Posts
    • 527 Thanks
    Tyzap
    Hi MJay,

    Please copy and paste your post onto the Easyjet thread found here...

    http://forums.moneysavingexpert.com/showthread.php?t=4384709

    Many thanks.
    Please read Vaubans superb guide.
    • gmcr81
    • By gmcr81 10th Oct 17, 10:27 PM
    • 2 Posts
    • 0 Thanks
    gmcr81
    Hi all,

    Looking for some help forming the arguments for a small claims court case I've initiated against easyJet following an overnight delay to our flight in July.

    I've followed Vauban's excellent guide to date and just received their defence response which is claiming extraordinary circumstances as the cause of the delay, so I'd just like some advice on the best counter-arguments to use. The facts are:

    (1) Our flight (EZY3104) was scheduled to leave Nice to go to Stansted at 19:35 on 30th July.
    (2) It was delayed overnight until 08:19 the next day. According to easyJet the cause was due to the captain on the inbound flight (STN-NCE) going over their hours due to an air traffic control restriction impacting the preceding flight to that one (BIO-STN) by 1 hour.
    (3) In easyJet's words 'with no replacement Captain immediately available, rather than cancelling the inbound flight and the claimant's flight, easyJet overnight delayed both flights to operate the following day once the crew had been adequately rested'.
    (4) They also claim that all other crew were fully utilised that day due to 'other disruptions within the network caused by several aerodrome capacity restrictions' (largely adverse weather in the UK)
    (5) Recital 15 of the EU regulation is also quoted arguing that 'extraordinary circumstances should be deemed to exist where the impact of an air traffic management decision in relation to a particular aircraft on a particular day gives rise to a long delay, an overnight delay, or the cancellation of one of more flights by that aircraft.

    Looking at Vauban's guide it suggests the Wallentin and Finnair cases are probably best to use for knock-on impacts but is there anything else that's worth quoting?

    To me, an initial delay of 1 hour on a previous flight should not be enough to push crew over hours (especially given the return flight is over an hour in length!) and doesn't demonstrate they took reasonable steps / had sufficient capacity. I'm sure there were also other easyJet flights that went out that night from Nice to London that they made no attempt to move people onto- is there any way that I can check that?

    Thanks in advance
    • Tyzap
    • By Tyzap 11th Oct 17, 9:22 AM
    • 1,058 Posts
    • 527 Thanks
    Tyzap
    Hi gmcr81,

    The following two extracts are from the following EC document...

    http://eur-lex.europa.eu/legal-content/EN/TXT/?toc=OJ%3AC%3A2016%3A214%3ATOC&uri=uriserv%3AOJ.C_ .2016.214.01.0005.01.ENG

    This document attempts to expand upon the EC261/2004 flight delay regulations and has some useful sections that you could use.

    e. Reasonable measures an air carrier can be expected to take in extraordinary circumstances.

    Whenever extraordinary circumstances arise an air carrier must, in order to be released from the obligation to pay compensation, show that it could not avoid them even if it had taken all reasonable measures to this effect.
    Furthermore, the Court52 has found that under Article 5(3) of the Regulation, an air carrier can be required to organise its resources in good time so that it is possible to operate a programmed flight once the extraordinary circumstances have ceased, that is to say, during a certain period following the scheduled departure time. In particular, the air carrier should provide for a certain reserve time to allow it, if possible, to operate the flight in its entirety once the extraordinary circumstances have come to an end. Such reserve time is assessed on a case-by-case basis. However, Article 5(3) cannot be interpreted as requiring, as a ‘reasonable measure’, provision to be made, generally and without distinction, for a minimum reserve time applicable in the same way to all air carriers in all situations when extraordinary circumstances arise. In this regard available resources will generally be higher at the home base compared to outbound destinations thereby giving more possibilities to limit the impact of extraordinary circumstances. The assessment of the air carrier’s ability to operate the programmed flight in its entirety in the new conditions resulting from the occurrence of those circumstances must be carried out in such a way as to ensure that the length of the required reserve time does not result in the air carrier being led to make intolerable sacrifices in the light of the capacities of its undertaking at the relevant time.


    Also the following instructs that, in circumstances such as yours, the regulations "must be interpreted strictly". It is important to highlight this to a judge imo. It may just give you the edge.

    A given extraordinary circumstance can produce more than one cancellation or delay at final destination, such as in the case of an Air Traffic Management decision as referred to in Recital 15 of the Regulation.
    As derogation from the normal rule, i.e.: the payment of compensation, which reflects the objective of consumer protection, it must be interpreted strictly46. Therefore all the extraordinary circumstances which surround an event such as those listed in Recital 14 are not necessarily grounds for an exemption from the obligation to pay compensation, but require a case-by-case assessment47.


    Remember that you can request information that you require from EJ who are obliged to supply it as part of the court protocols.

    Good luck.
    Please read Vaubans superb guide.
    • Tyzap
    • By Tyzap 11th Oct 17, 9:30 AM
    • 1,058 Posts
    • 527 Thanks
    Tyzap
    I wonder if anyone can advise me, please? I was due to fly home from Barcelona on the 21.35 flight with Easyjet 26/09/17 but needed to get home earlier. The evening before (around 7.00 p.m.) i changed my flight to the 11.00 a.m. morning flight (same day) and paid an additional £120 for the flight change. At 5.00 a.m. on the day I was due to fly, I received a message that my flight was cancelled.

    Fog in Liverpool on the evening of the 25th September had meant that some flights were diverted and the next morning flights/ crew were "in the wrong place" so the morning flight from Barcelona was cancelled. They have now informed me that they will NOT pay compensation because the delay was caused by weather conditions.

    I believe that the weather conditions would have been KNOWN when I paid £120 to change my flight. Can anyone advise me whether I have any redress for either the refund of the extra payment or compensation, please?
    Originally posted by MJay
    Hi MJay,

    You may struggle with this, a good starting point would be to put you flight details into a couple of online flight calculators, such as Botts to see if they think it is a valid claim.

    You could possibly argue that you were affected by a 'knock on' delay and that your flight was not directly affected by the fog. See my post above this one and then Google and download 'Vaubans guide' for lots of info.

    Good luck.
    Please read Vaubans superb guide.
    • JPears
    • By JPears 11th Oct 17, 12:00 PM
    • 3,154 Posts
    • 885 Thanks
    JPears
    Hi all,

    Looking for some help forming the arguments for a small claims court case I've initiated against easyJet following an overnight delay to our flight in July.
    due to 'other disruptions within the network caused by several aerodrome capacity restrictions' (largely adverse weather in the UK)
    (5) Recital 15 of the EU regulation is also quoted arguing that 'extraordinary circumstances should be deemed to exist where the impact of an air traffic management decision in relation to a particular aircraft on a particular day gives rise to a long delay, an overnight delay, or the cancellation of one of more flights by that aircraft.

    Looking at Vauban's guide it suggests the Wallentin and Finnair cases are probably best to use for knock-on impacts but is there anything else that's worth quoting?

    To me, an initial delay of 1 hour on a previous flight should not be enough to push crew over hours (especially given the return flight is over an hour in length!) and doesn't demonstrate they took reasonable steps / had sufficient capacity. I'm sure there were also other easyJet flights that went out that night from Nice to London that they made no attempt to move people onto- is there any way that I can check that?

    Thanks in advance
    Originally posted by gmcr81
    They are misleading you on recital 15. Yes the ATC did lead PARTIALLY to the long delay BUT only because of their own rostering problems, which created a much longer overnight delay.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • mattio
    • By mattio 11th Oct 17, 12:03 PM
    • 7 Posts
    • 0 Thanks
    mattio
    Hi all.

    Would someone be able to give us some advice as soon as possible?

    Our flight out of Lisbon to Gatwick was cancelled last night due to the French strike action. The airport was in chaos because 2 other flights had also been cancelled so there was very little advice to be had with no reps on the ground, the cancellation app was no help and we were on hold for half an hour on the phone with no success.

    We were abruptly told by airport staff that there were no hotels available from easyJet and we should book our own hotel and easyJet will reimburse us. The first flight home via the app is on Saturday, with nothing else available from any other airline under £400pp so we have gone for the Saturday flight but will be missing 4 days of work and hospital appointments and also have nowhere to stay now until Saturday.

    Does anyone know if easyJet will (or are entitled to) reimburse for the further 3 days including food and travel to and from the airport?
    One of us also has travel insurance but we're unsure if this would be covered. We have called both the insurer and easyJet but both have been no help as they don't have the correct staff on hand to answer our questions.

    Thank you so much in advance.
    • Tyzap
    • By Tyzap 11th Oct 17, 2:00 PM
    • 1,058 Posts
    • 527 Thanks
    Tyzap
    Hi all.

    Would someone be able to give us some advice as soon as possible?

    Our flight out of Lisbon to Gatwick was cancelled last night due to the French strike action. The airport was in chaos because 2 other flights had also been cancelled so there was very little advice to be had with no reps on the ground, the cancellation app was no help and we were on hold for half an hour on the phone with no success.

    We were abruptly told by airport staff that there were no hotels available from easyJet and we should book our own hotel and easyJet will reimburse us. The first flight home via the app is on Saturday, with nothing else available from any other airline under £400pp so we have gone for the Saturday flight but will be missing 4 days of work and hospital appointments and also have nowhere to stay now until Saturday.

    Does anyone know if easyJet will (or are entitled to) reimburse for the further 3 days including food and travel to and from the airport?
    One of us also has travel insurance but we're unsure if this would be covered. We have called both the insurer and easyJet but both have been no help as they don't have the correct staff on hand to answer our questions.

    Thank you so much in advance.
    Originally posted by mattio
    Hi mattio,

    If you opt to wait for their re arranged flight you remain in their care.

    You are due a duty of care from EJ. That includes transport costs to and from a hotel, cost of hotel, food and drinks (but none alcoholic only). You cannot claim incidental cost, such as loss of earnings, via flight delay regulation EC261/2004 but you may be able to via other means. Don't forget to ask for and keep all your receipt.

    Google and download 'Vaubans guide' for much additional info.

    I guess you may as week sit back and enjoy (if possible) your enforced holiday.

    Good luck.
    Please read Vaubans superb guide.
    • TuesdayGirl
    • By TuesdayGirl 11th Oct 17, 3:31 PM
    • 4 Posts
    • 0 Thanks
    TuesdayGirl
    Our flight from Amsterdam to Manchester was delayed by 4 hours yesterday because the plane we were to travel in was still in Spain, having been delayed due to the French air traffic control strikes. The strikes did not affect Amsterdam airport, other than any flights travelling over French space, which of course our flight did not. Our flight was delayed by the fact they were supplying a plane from Spain - had they used one from the UK, Germany etc, they could have circumvented any issues.

    Can Easyjet use the 'industrial action' excuse not to pay compensation ? The industrial action affected another flight, not ours, our delay was a consequence of this, and the fact EJ didn't plan around this in supplying planes.

    Fingers crossed !
    • Vauban
    • By Vauban 11th Oct 17, 8:45 PM
    • 4,688 Posts
    • 2,076 Thanks
    Vauban
    Our flight from Amsterdam to Manchester was delayed by 4 hours yesterday because the plane we were to travel in was still in Spain, having been delayed due to the French air traffic control strikes. The strikes did not affect Amsterdam airport, other than any flights travelling over French space, which of course our flight did not. Our flight was delayed by the fact they were supplying a plane from Spain - had they used one from the UK, Germany etc, they could have circumvented any issues.

    Can Easyjet use the 'industrial action' excuse not to pay compensation ? The industrial action affected another flight, not ours, our delay was a consequence of this, and the fact EJ didn't plan around this in supplying planes.

    Fingers crossed !
    Originally posted by TuesdayGirl
    They will no doubt argue this, but I doubt the excuse would hold up in court. If easyJet have an ADR scheme - such as CEDR - I'd go with that if you are rebuffed.
    • Davidsona90
    • By Davidsona90 12th Oct 17, 8:13 AM
    • 2 Posts
    • 0 Thanks
    Davidsona90
    Easyjet Cancellation ATC Strike
    Hi all, some advice needed.

    My Bristol>Belfast flight got cancelled yesterday morning due to them having to reroute our plane to make up for the previous day's strike.

    Unable to wait until their alternative of the next day (in the evening!), we had to book separate flights from Exeter and travel down by train. In total the cost was approx £180. We will only be receiving a refund of £50 for our flights.

    We were not flying over French airspace and the strike was over. It's rather evident that they calculated our flight to be most cost effective and chose to cancel it.

    They still claim it to be extraordinary circumstances due to the airstrike but I can't see how this can be valid?

    This whole scenario was made worse due to having been held on a runway for 4 hours by Ryanair in 30° heat (Lanzarote) and not being given water the day before!! I thought my bristol>belfast flight surely wouldn't have been affected!!! :-(

    Any help would be much appreciated! I have made no contact with EJ/insurance yet until I have full understanding of my rights.
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