Thank you for contacting us.
I write further to your claim for compensation concerning the delay to your flight EZY0000 on 00/06/2007 (changes mine).
A claim pursuant to Regulation (EC) No 261/2004 is subject to the national statute of limitation of the court that the claim is brought. In the UK the Limitation Act 1980 governs the statute of limitation for claims.
Article 5 of the Limitation Act 1980 provides that an action for a simple contract expires after a period of 6 years after the date the cause of action occurred. However, your contract with easyJet was not a simple contract; it was a contract for international carriage of persons by aircraft for reward. Contracts for international carriage of persons by aircraft for reward is govern by the Montreal Convention.
Article 39 of the Limitation Act 1980 provides that:
[The Limitation] Act shall not apply to any action or arbitration for which a period of limitation is prescribed by or under any other enactment (whether passed before or after the passing of this Act) or to any action or arbitration to which the Crown is a party and fir which, if there were between subjects, a period of limitation would be prescribed by or under any such other enactment.
Therefore, as per Article 39 of the Limitation Act 1980, it falls to the Montreal Convention to prescribe the limitation period for a claim for compensation under the Regulation which arises from the failure to correctly perform a contract of international carriage of persons by aircraft for reward.
Article 35 of the Montreal Convention states:
The right to damages shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.
The date your flight arrived at XXX was on xx/xx/xxxx, therefore the limitation period for this flight ended on xx/xx/xxxx (add 2 years to the flight date). The right to claim compensation has been extinguished.
In light of the above, easyJet is unable to offer compensation for the delay suffered to your flight.
The Court also holds that that finding cannot be called into question by the provisions of the Warsaw and Montreal Conventions, because the compensation measure laid down by Regulation No 261/2004 falls outside their scope, while remaining additional to the system for damages laid down by them. EU law establishes an independent system to redress, in a standardised and immediate manner, the damage caused by the inconvenience to which flight delays and cancellations give rise, which operates at an earlier stage than the Warsaw and Montreal Conventions.
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