Easyjet problems

Steve8951

I was on a Easyjet flight to Las Palmas on 13/2/10 which was due to fly at 13.25 it eventually took off at 9.00am on 14/2/10. Easyjet put us in hotel and have since said they will refund the flight costs. The reason for the delay was, the flight had no first officer., have that on good authority from Easyjet staff and nearly 200 witnesses.

I have asked Easyjet for compensation underEC Regulation (EC) 261/2004 and claimed compensation at 400euro per passenger along with costs, expenses and losses. Easyjet say compensation is not due because whilst the flight was cancelled there were "extraordinary curcumstances". I maintain that the decision in the European Court of Justice Joined Cases C-402/07 and C-432/07:Sturgeon v Condor Flugdienst GmbH and Böck and Others v Air France SA in which The Court holds that the airlines get out of jail card is extraordinary curcumstances but further established that technical issues cannot be regarded as extraordinary. My view is the court will regard no pilot as either incompetant or technical but certainly not extraordinary. Therefore I think my claim is valid.

I think my next step should be to go to make a complaint via AUC because I am completely hacked of with the nonsense that easyjet customer experience gives you and is just a delaying tactic

richardw

Many say you just have to start the small claims procedure to get anywhere.

Cityboy_2

Steve8951 wrote: »

I was on a Easyjet flight to Las Palmas on 13/2/10 which was due to fly at 13.25 it eventually took off at 9.00am on 14/2/10. Easyjet put us in hotel and have since said they will refund the flight costs. The reason for the delay was, the flight had no first officer., have that on good authority from Easyjet staff and nearly 200 witnesses.

I have asked Easyjet for compensation underEC Regulation (EC) 261/2004 and claimed compensation at 400euro per passenger along with costs, expenses and losses. Easyjet say compensation is not due because whilst the flight was cancelled there were "extraordinary curcumstances". I maintain that the decision in the European Court of Justice Joined Cases C-402/07 and C-432/07:Sturgeon v Condor Flugdienst GmbH and Böck and Others v Air France SA in which The Court holds that the airlines get out of jail card is extraordinary curcumstances but further established that technical issues cannot be regarded as extraordinary. My view is the court will regard no pilot as either incompetant or technical but certainly not extraordinary. Therefore I think my claim is valid.

I think my next step should be to go to make a complaint via AUC because I am completely hacked of with the nonsense that easyjet customer experience gives you and is just a delaying tactic

Steve

I agree that if the cancellation is solely due to lack of crew, that is completely within the control of the airline and not 'extraordinary circumstances'.

By all means make a complaint via the AUC but be aware that 1) this will take 6 weeks before you get a response from them; 2)the AUC have no power to compel the airline to pay your compensation even if they agree with you; and 3) you would be six weeks further on with your small claims action as Richardw has implied.

You would be better off giving Easyjet one final opportunity to pay you compensation via a Letter before Action. Give them 14 days to respond before launching a small claims action via MCOL or direct via your local county court at Aylesbury using form N1.

Ensure you send this LBA snail mail using recorded or signed for post to the Co Sec at Easyjet's regd offices in Luton.

If no response or no satisfaction, start your claim.

Steve8951

Thanks for your help I'll issue Easyjet with a 14 day notice letter and commence proceedings using Money Claim Online

barafear799

sorry to hijack your post - but my question is of a similar ilke.

Our flight was cancelled - but no official reason given - the plane was on the tarmac and several "technicians" were checking it out - so my assumption is some sort of mechanical problem.

I phoned Easyjet (on getting home) to claim the compensation and their customer champion told me that I couldn't claim as the cancellation was due to "extraordinary circumstances" - I asked what they were - and she couldn't tell me - my case has been forwarded to the "senior team" and I might have to wait "some time" for a reply.

Is there any "quick" way to find out the reason for a cancellation?

Furthermore, how do I find out my level of compensation - I thought it would be 250 Eur (flight was Alicante to Stansted) - but I also found a "no win no fee" website (EUclaim or something similar) and they state I could be due 400EUR. (less their 27% charge and 25EUR admin fee)

Many thanks

Cityboy_2

barafear799 wrote: »

sorry to hijack your post - but my question is of a similar ilke.

Our flight was cancelled - but no official reason given - the plane was on the tarmac and several "technicians" were checking it out - so my assumption is some sort of mechanical problem.

I phoned Easyjet (on getting home) to claim the compensation and their customer champion told me that I couldn't claim as the cancellation was due to "extraordinary circumstances" - I asked what they were - and she couldn't tell me - my case has been forwarded to the "senior team" and I might have to wait "some time" for a reply.

Is there any "quick" way to find out the reason for a cancellation?

Furthermore, how do I find out my level of compensation - I thought it would be 250 Eur (flight was Alicante to Stansted) - but I also found a "no win no fee" website (EUclaim or something similar) and they state I could be due 400EUR. (less their 27% charge and 25EUR admin fee)

Many thanks

Barafear

You will have to write to EZ to find out why the flight was cancelled. Why don't you write to them claiming your compensation under Articles 5 & 7 of EC 261/2004. Since the distance in kms between Alicante and Stansted is 1513 kms (measured by the Great Circle Route), you are indeed entitled to 400 euros compensation per passenger.

You are also entitled to your expenses under Article 9. These would be refreshments in relation to the time between your cancelled flight and the eventual departure of your re-routed flight and 2 phone calls. If the re-routed flight you took led to you having to stay overnight, then you would also be entitled to accommodation and meals as appropriate unless the airline made the arrangements themselves.

The regulation in full is here: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004R0261:EN:HTML

I am certain that EZ will claim a defence to your compensation claim of 'extraordinary circumstances' but they have to prove it to you (ultimately in a small cclaims court if necessary. The burden of proof for technical breakdowns is very strict as it has been ruled in a number of cases that came before the ECJ that the airline would have to demonstrate that a breakdown was not inherent in the normal activity of operating an airline.

See Wallentin-Hermann v Alitalia: http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=en&Submit=Submit&alldocs=alldocs&docj=docj&docop=docop&docor=docor&docjo=docjo&numaff=&datefs=&datefe=&nomusuel=&domaine=&mots=261%2F2004&resmax=100

and Sturgeon v Condor:http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62007J0402:EN:HTML for precedent cases coming down very strongly in favour of the passenger. There is very little wriggle room for airlines if you are prepared to invest time in your claim.

barafear799

Many thanks for the helpful info!!! Esp about the "Great Circle" - I am awaiting a reply (by email) from EZ about the reason - I just wondered whether there was anywhere official that it needed to be recorded - or whether it's just an EZ problem - and the only authority they have to be responsible to is their customers. I will await EZ's reply. thanks again.

Cityboy_2

barafear799 wrote: »

I just wondered whether there was anywhere official that it needed to be recorded - or whether it's just an EZ problem - and the only authority they have to be responsible to is their customers.

Nowhere official, definitely not just an EZ problem although some lo cost carriers are more prone to cancellations/delays than others. Full service airlines are also prone to this type of thing and most try to wriggle out of paying since the only way that usually happens (but not always) is by the pax taking the airline to small claims court.