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    • Tyzap
    • By Tyzap 12th Oct 17, 10:08 AM
    • 1,174 Posts
    • 563 Thanks
    Tyzap
    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.
    Originally posted by Davidsona90
    Hi Davidsona90,

    Please have a read through some of the recent posts above yours, where this question has already been asked. Google and download 'Vaubans guide' and then come back with any specific questions you may still have.

    Good luck.
    Please read Vaubans superb guide.
    • Davidsona90
    • By Davidsona90 12th Oct 17, 6:23 PM
    • 2 Posts
    • 0 Thanks
    Davidsona90
    Thanks Tyzap. Have read through it and same question still stands, really - can the airline extend the reason of "extraordinary circumstances" of French air strike, to a flight that wasn't due to fly over french airspace.

    It is not directly impacted by the airstrike but indirectly due to airlines decision to sacrifice that route in favour of others.
    • Justice13075
    • By Justice13075 12th Oct 17, 6:40 PM
    • 1,014 Posts
    • 425 Thanks
    Justice13075
    Put your flight details into EuClaim and bottonline and see if they think you are due compensation
    • Tyzap
    • By Tyzap 12th Oct 17, 7:16 PM
    • 1,174 Posts
    • 563 Thanks
    Tyzap
    Thanks Tyzap. Have read through it and same question still stands, really - can the airline extend the reason of "extraordinary circumstances" of French air strike, to a flight that wasn't due to fly over french airspace.

    It is not directly impacted by the airstrike but indirectly due to airlines decision to sacrifice that route in favour of others.
    Originally posted by Davidsona90
    Hi,

    Your flight was affected by a 'knock on' delay caused by the French ATC strike.

    There is a link to the Eglitis judgement, towards the bottom of Vaubans guide, which is very pertinent to your delay, check it out.

    The more time that passes between the EC and your delayed flight the stronger your claim will be, as the airline must do all in it's power to recover from that incident and still operate your flight.

    Research is the key to a good claim so find out as much as you can, especially the time line in your case.

    Good luck.
    Please read Vaubans superb guide.
    • zfrl
    • By zfrl 13th Oct 17, 11:58 AM
    • 604 Posts
    • 492 Thanks
    zfrl
    Where do I find Vaubans superb guide please?

    "You have enemies? Good. That means you've stood up for something, sometime in your life." Winston Churchill

    • JPears
    • By JPears 13th Oct 17, 12:16 PM
    • 3,337 Posts
    • 925 Thanks
    JPears
    google it. we can't put a link here in our sigs due to silly forum rules.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • zfrl
    • By zfrl 13th Oct 17, 1:12 PM
    • 604 Posts
    • 492 Thanks
    zfrl
    Hope someone can help - my flight was cancelled and the next available one with Easyjet was 4 days later.

    I booked a flight the following day with another airline from another airport to a different UK destination. Easyjet refunded me some but not all of the difference in the flight costs.

    I also ate at the airport (not the original airport). They are refusing to pay for my meal as they say food was provided (not at the airport I was now at it wasn't).

    Next I had to get a taxi from the airport where I landed to the airport where my car was. They are refusing to pay as they say this was "post flight arrangements".

    Next I had the additional parking costs - this they are refusing to pay because of "policy for EU".

    In total I am £140 out of pocket.

    Do I have a claim and is it worth pursuing?

    Not sure if something similar has been asked before - if so I apologise but this is a long thread.

    "You have enemies? Good. That means you've stood up for something, sometime in your life." Winston Churchill

    • Tyzap
    • By Tyzap 13th Oct 17, 4:23 PM
    • 1,174 Posts
    • 563 Thanks
    Tyzap
    Hope someone can help - my flight was cancelled and the next available one with Easyjet was 4 days later.

    I booked a flight the following day with another airline from another airport to a different UK destination. Easyjet refunded me some but not all of the difference in the flight costs.

    I also ate at the airport (not the original airport). They are refusing to pay for my meal as they say food was provided (not at the airport I was now at it wasn't).

    Next I had to get a taxi from the airport where I landed to the airport where my car was. They are refusing to pay as they say this was "post flight arrangements".

    Next I had the additional parking costs - this they are refusing to pay because of "policy for EU".

    In total I am £140 out of pocket.

    Do I have a claim and is it worth pursuing?

    Not sure if something similar has been asked before - if so I apologise but this is a long thread.
    Originally posted by zfrl
    Hi zfri,

    Yes, it should all be reclaimable under EC261 regs except for the additional parking charge. If they refuse again ask for your case to be referred to CEDR who will adjudicate on it and find in your favour.

    Expecting you to wait for four days is completely unacceptable so should be a slam dunk!

    Good luck.
    Please read Vaubans superb guide.
    • Mollypop
    • By Mollypop 14th Oct 17, 9:43 AM
    • 5 Posts
    • 0 Thanks
    Mollypop
    Technical Fault
    Hi, our flight was delayed for just under 4 hours. It was due to a technical fault caused by lightning strike on the previous flight. Easyjet have said we are not eligible for compensation as it was due to lightning strike and they only pay out for technical faults (which it was) and not for bad weather (our flight wasn't delayed because of the weather it was because the plane wasn't working and they were unable to fix it). On the easyjet app, the reason was originally given as a technical fault and then later was changed to say lightning strike.

    I have found a no win no fee company who say they can claim for technical faults caused by lightning strike and was wondering if anyone had experience/success with this. Or any other advice. Thank you.
    On the path to financial freedom. Ask me how
    • Vauban
    • By Vauban 14th Oct 17, 10:26 AM
    • 4,712 Posts
    • 2,087 Thanks
    Vauban

    I have found a no win no fee company who say they can claim for technical faults caused by lightning strike and was wondering if anyone had experience/success with this. Or any other advice. Thank you.
    Originally posted by Mollypop
    But you can also claim directly too - and without having to hand over some of your compensation to another company! Tell easyjet that if they are refusing to pay your claim you will take it to their adjudication service provided by CEDR - who should find in your favour. You can find all about CEDR by searching the posts on this thread - and also by googling them.
    • legal magpie
    • By legal magpie 14th Oct 17, 10:27 AM
    • 767 Posts
    • 360 Thanks
    legal magpie
    I would not recommend using a no win no fee company because their regulation is very limited. If you don’t want to take the claim yourself you would be better off using a solicitor specialising in airline claims as although they will take a slice of your winnings you won’t pay anything if you lose and they are subject to regulation by the SRA
    • Watermelon89
    • By Watermelon89 14th Oct 17, 10:29 AM
    • 1 Posts
    • 0 Thanks
    Watermelon89
    Hi. I need advice whether my friend and I should appeal for a cancelled EasyJet flight.

    Basically our flight got cancelled from Berlin to London at the last minute. We did put on a claim but EasyJet say that it was
    caused by Air Traffic Control Restriction. However it doesn't make sense since all the flights before us took off normally. Our flight was the last one and from our understanding the airport shuts down at 11pm (flight was to leave at 11:55pm). So in our eyes EasyJet is at fault for not getting the flight ready to leave on time.

    Their explanation:
    ATC restrictions on previous flight sectors had resulted in your flight missing its flight slot or curfew at Berlin Schoenefeld. This information was provided from the airport via our Flight Disruption Report.
    • Vauban
    • By Vauban 14th Oct 17, 10:34 AM
    • 4,712 Posts
    • 2,087 Thanks
    Vauban
    Hi. I need advice whether my friend and I should appeal for a cancelled EasyJet flight.

    Basically our flight got cancelled from Berlin to London at the last minute. We did put on a claim but EasyJet say that it was
    caused by Air Traffic Control Restriction. However it doesn't make sense since all the flights before us took off normally. Our flight was the last one and from our understanding the airport shuts down at 11pm (flight was to leave at 11:55pm). So in our eyes EasyJet is at fault for not getting the flight ready to leave on time.

    Their explanation:
    ATC restrictions on previous flight sectors had resulted in your flight missing its flight slot or curfew at Berlin Schoenefeld. This information was provided from the airport via our Flight Disruption Report.
    Originally posted by Watermelon89
    If an earlier delay meant the flight couldn't leave before the airport closed, then you have a claim. See my advice two posts above yours on what to do!
    • Justice13075
    • By Justice13075 14th Oct 17, 10:36 AM
    • 1,014 Posts
    • 425 Thanks
    Justice13075
    To start with put your flight details into bottonline and then euclaim and see if they think you are due any compensation
    • Mollypop
    • By Mollypop 14th Oct 17, 8:02 PM
    • 5 Posts
    • 0 Thanks
    Mollypop
    But you can also claim directly too - and without having to hand over some of your compensation to another company! Tell easyjet that if they are refusing to pay your claim you will take it to their adjudication service provided by CEDR - who should find in your favour. You can find all about CEDR by searching the posts on this thread - and also by googling them.
    Originally posted by Vauban
    Thank you. Easyjet actually suggested that I should refer my complaint to CEDR Services and mentioned there was a charge for it. Do you have any idea how much the charge is? Will have a search and google also, thank you.
    On the path to financial freedom. Ask me how
    • Mollypop
    • By Mollypop 14th Oct 17, 9:50 PM
    • 5 Posts
    • 0 Thanks
    Mollypop
    Ok, submitted dispute to CEDR so fingers crossed they find in our favour. Thanks for your help people.
    On the path to financial freedom. Ask me how
    • knack92
    • By knack92 14th Oct 17, 10:25 PM
    • 418 Posts
    • 196 Thanks
    knack92
    Flew Dubrovnik-Edinburgh on 7th October which arrived about 3:30 late due to diversion of the earlier Edinburgh-Dubrovnik flight. Apparently the incoming plane couldn’t land due to high winds despite multiple attempts.

    I’ve put the details into EU Claim who say ECs apply in this case however I’m confused by this as the weather did not directly affect my flight. Also, many other flights managed to land around the time of the incoming flight which suggests to me this wasn’t just down to the wind.

    Do others agree I have a claim worth pursuing?
    • gmcr81
    • By gmcr81 15th Oct 17, 11:17 AM
    • 2 Posts
    • 0 Thanks
    gmcr81
    Hi gmcr81,

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

    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.
    Originally posted by Tyzap
    Thanks for the reply Tyzap, I'll use that in my response. Doing some research I've come across a good article in the Guardian a few months ago which I'm hoping will sway the judges view and may be helpful for others where easyJet are trying the same excuse. The site won't let me post links but if you google 'French pilots claim easyJet is risking safety by scheduling too many flights' you'll easily find it. For anyone that's interested it basically backs up the point that their scheduling on French routes is inadequate in summer months and the HR team in Luton haven't got a clue! The open letter from the pilots union referred in the article provides some fairly damning quotes too (again just google 'SNPL easyjet open letter' and you'll find a copy).
    • Tyzap
    • By Tyzap 15th Oct 17, 5:21 PM
    • 1,174 Posts
    • 563 Thanks
    Tyzap
    Thanks for the reply Tyzap, I'll use that in my response. Doing some research I've come across a good article in the Guardian a few months ago which I'm hoping will sway the judges view and may be helpful for others where easyJet are trying the same excuse. The site won't let me post links but if you google 'French pilots claim easyJet is risking safety by scheduling too many flights' you'll easily find it. For anyone that's interested it basically backs up the point that their scheduling on French routes is inadequate in summer months and the HR team in Luton haven't got a clue! The open letter from the pilots union referred in the article provides some fairly damning quotes too (again just google 'SNPL easyjet open letter' and you'll find a copy).
    Originally posted by gmcr81
    Hi gmcr81,

    I think this is the article you are referring to....

    https://www.theguardian.com/business/2017/aug/15/easyjet-scheduling-flights-french-pilots

    I feel that is just background information that can 'perhaps' lend further support the main points that I linked to previously.

    You don't want to get into an argument about possible safety issues in a courtroom with a lawyer who knows his stuff. Try to keep it simple and to the point, use the wording from the regulations as your evidence and previous case evidence about 'knock on's' etc.

    I don't want you to 'bite too much off' unless you really feel that you can force that point home in a court.

    Good luck
    Please read Vaubans superb guide.
    • KatieH1989
    • By KatieH1989 16th Oct 17, 3:29 PM
    • 2 Posts
    • 0 Thanks
    KatieH1989
    Hi all

    I have searched for the answer to this and read lots of threads on this forum, but have not been able to find a similar situation therefore am hoping that you will be able to help.

    We flew from Stansted to Dubrovnik on 7 October. We were due to land at 10.40am (local time). We could not land due to bad weather, therefore diverted to Zadar where we landed at approx 12.00 (local time). We sat on the plane for about an hour, while the decision was being made as to whether to re-fuel and fly to Dubrovnik or whether we would need to get a coach.

    We were then instructed to get off the plane and waited for a coach, which arrived at approximately 13.30. We were then driven to Dubrovnik airport where we arrived at approximately 19.40 (9 hours later than we were due to arrive).

    I understand that we are not entitled to compensation if the delay is caused by bad weather, however our (empty of customers) plane did subsequently land at Dubrovnik at 13.50 in order to make the return flight to Stansted. I am therefore wondering whether it would be possible for us to claim compensation, as Easyjet's decision for us to take the coach rather than flying from Zadar to Dubrovnik caused a further approx. six hour delay, as demonstrated by the plane landing at 13.50.

    Any thoughts would be very welcome - thank you.
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