Flight delay and cancellation compensation, Easyjet ONLY 11 January 2013 at 11:59AM edited 1 July 2014 at 4:00PM in Flight delay compensation 3.9K replies 644.2K views

Centipede100

MSE Official Insert:

This discussion thread is linked to from our Flight Delays Compensation guide. Please read that for full help.

Incendiary

Hi Centipede - I've been reading through the "main" thread and I'd like to thank you for all the help you've given people so far. I've wrote to easyjet and had the following back from them:

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.

They actually left the X's in the e-mail as shown! As can be read in the above they're trying to hide behind the Montreal Convention. Via the FAQ I've read the post relating to this - but to be honest it just confuses me!

Obviously my next step is to write back again stating that the UK limit is six years not two - but what is the best way to do this? Could I reference cp120150en.pdf (sorry - new user, can't link!), in particular:

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.

I'm not much good at this, but I'm certainly not expecting anyone to write the letter for me so even a couple of pointers as where to go would be great. Thanks!

Mark2spark

Well you're there really incendiary, the MC 2 yr ruling was challenged in the courts and the appeal ruling was given as per your 2nd quote, - ie 6 yrs - so just write back to them and state that they are wrong and that this is the ruling from Nov 12 (see the FAQ's), so please reconsider and if you don't within 28 days then you give them notice that you are at liberty to commence a legal claim without giving them further notice where costs and interest will also be sought.

Something like that

Mark1988

I had a flight from Bristol to Newcastle cancelled last night. Easyjet have refunded my flights.

Where do I stand with regards to claiming back losses from hotel accommodation cancellation?

glentoran99

Mark1988 wrote: »

I had a flight from Bristol to Newcastle cancelled last night. Easyjet have refunded my flights.

Where do I stand with regards to claiming back losses from hotel accommodation cancellation?

you cant, not from the airline anyway, your travel insurance should cover it though, although if you ask nicely they might give yuo a goodwill payment, they have been known to do that

richardw

...please delete.

topyam

Dear xx,

Thank you for your patience.

I would like to apologise for the time it has taken to get back to you regarding your compensation request. This is due to a large backlog of claims we are currently dealing with.

After looking into your cancellation it would that the reason behind your cancellation was a non-extraordinary circumstance. In line with EC regulation 261/2004 I can confirm that you are entitled to €250 compensation.

GJP_2

Hi There. Can anyone help me? I have written to easyjet by recordeded delivery twice and have had no reply. I have emailed and phoned twice (telephone calls are to india) asking for the CEO address. Carolyn McCall but nobody seems to know!!! Does anyone have her address for I can write direct to her regarding flight compensation (6 hour delay from Nice in July 2012). Thanks for any help.

Mark2spark

GJP, 1) what address did you write to? 2) have you confirmation from the post office of delivery?

Mrs_C_wonders

We were informed in Gatwick airport that our flight was cancelled due to the crew having already worked their allocated hours. We completely understand that for safety, there must be restrictions on length of time crew can operate for. Nonetheless, given that our flight was initially delayed, we were informed due to late departure from another airport, we believe there should have been time and capacity for EasyJet to identify alternative crew arrangements.
We rebooked on flight next morning. Can we claim compensation? Earlier delay may have been weather related but surely they are able to forward plan in regard to staffing issues??

kimwoo83

Easyjet told us today that the reason for our near 6 hour delay at Split airport was because the Radio Altimeter was faulty and had to be swapped and that this is covered by extraordinary circumstances.

We are planning to now complain to the CAA as the response feels quite 'automatic' - would appreciate anyone's thoughts...