Flight delay and cancellation compensation, Easyjet ONLY

Kidson

Kidson wrote: »

Unable find any reference to meteorological conditions in
Reg 261/2004 - please direct me to the reference

Many thanks

Now found - thank you

NoviceAngel

Kidson wrote: »

Now found - thank you

Hi Kidson,

Can you post the link or the text here to help others?

Cheers,

NoviceAngel

razorsedge

NoviceAngel wrote: »

Hi Kidson,

Can you post the link or the text here to help others?

Cheers,

NoviceAngel

It's in preamble (14) of EU261/2004
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004R0261:EN:HTML

(14) As under the Montreal Convention, obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Such circumstances may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier.

Kidson

Quote: From David_e Post 776

Originally Posted by Biggles
I know, but I had read that they said they hadn't accepted the court decision as binding at the time and wondered whether anyone had experience of claiming from them since then.

I am referring to the legislation, not a court decision. The law says weather can be a significant factor in relation to a particular flight. It seems reasonable to interpret this as meaning weather problems on a previous flight can't be. As you will be aware, there is currently no binding UK case law on the whole issue of flight delay compensation so your best bet, in my view, is to stick with the primary legislation.

(If it's an EU decision, it will be binding. If it's a non-UK european counry decision, it won't be.)

Found this to be very interesting and informative and supports the court case of Frederique Jager, 31, after her flight from Gatwick to Nice in 2012 landed three hours and 12 minutes behind schedule, citing bad weather.

"Frederique Jager won her claim for £210 against Easyjet in a County Court hearing in Macclesfield this month. Her flight from Gatwick to Nice was delayed for over 3 hours because bad weather earlier in the day had created a delay for the particular aircraft to be used for the Gatwick to Nice flight - neither airport had been affected by the bad weather. The Judge ruled that an earlier delay did not give Easyjet the right to deny compensation because of an extraordinary circumstance. However the judgement does not create precedent.”

NoviceAngel

Interesting information, Mark2spark discussed this very issue some time ago and it's interesting to read his thoughts on the matter http://forums.moneysavingexpert.com/showpost.php?p=59429463&postcount=580

Kidson

Many thanks for referring me to Mark2spark's comments in blog number 580

I am interested as a friend of mine was delayed by 5 hrs at his destination following a delay which occured with the same aircraft earlier that day which was diverted on a different route due to adverse weather conditions at another airport.

The inclement weather played no part with the aircraft at the airports relating to his flight where conditions were good at both airports

Beki1982

David_e wrote: »

That could not be further from the truth. But when it does happen, it's a great result!

Just to update, although my claim was awarded back at the end of September I finally received £409 compensation for my delay. Easyjets refund procedure is ridiculous. Sent them card details on at least 6 seperate occasions by email and registered post but payments to cards kept declining on their systems. So 9 weeks later I have finally had the money refunded back to the very first card number I sent them!

ladylummer

Easyjet have recently offered us compensation for 2 passengers, for our 6 hr delay domestic flight. However, my infant daughter was also travelling with us, making it a party of 3.

Am I eligible to compensation for her travelling as an infant under the age of 2?

111KAB

ladylummer wrote: »

Easyjet have recently offered us compensation for 2 passengers, for our 6 hr delay domestic flight. However, my infant daughter was also travelling with us, making it a party of 3.

Am I eligible to compensation for her travelling as an infant under the age of 2?

If you paid (any amount) and not subject to a preferential fare not generally available to other members of the public then YES.

ladylummer

Easyjet have just responded with the following:-

Please note that EU compensation is only payable for passengers who paid full price for their seats, this means that infants sitting on lap don't qualify for this

Is this correct??