Flight delay and cancellation compensation, Easyjet ONLY

Vauban

NoviceAngel wrote: »

Don't waste your time on the CAA.

When you say, put in a claim, I assume you don't mean any form of legal action, and if my assumptions are correct then I'm afraid EasyJet are absolutely correct on this one..

Sorry

NoviceAngel

Yes. You let the airline talk down the clock and now you are out of time unfortunately. Unless you serve court papers within six years of the delay, you cannot initiate legal action and so you have nowhere to go.

salduck

Power cut at airport meaning runway closed at airport. This is what easy jet have come back with on a 4 hour flight delay from Luton to abz! Sound right or is there any claim on it??

fimms

Received £1200 from Easyjet this morning following a fair bit of to'ing and fro'ing.

Travelled to Marrakech in early July 2013. Flight took off from Gatwick and then turned back after approx 60mins due to a technical fault with the air con. We swapped planes and eventually arrived into Marrakech 4.5hrs late.

Completed the template letter later in July and followed it up (due to no response) in August 2013 with all the details. Easyjet replied to me advising that the plane was changed before take-off and spouted all the regulations regarding cancelled flights, etc.

Their version of events simply wasn't true, so I asked them to re-investigate and also raised with the CAA in September.

CAA eventually replied advising that there wasn't much that they could help with as circumstances were extraordinary and out of the control of the airline, etc.

Things then went quiet until the CAA emailed me advising of the later court cases which ruled against the airlines, so I thought I'd try again late 2014 with Martin's letter template with the new rulings.

Easyjet replied a month later advising that the flight was only delayed by one hour (and therefore couldn't compensate as delays needed to be over 3hrs). Again, this was incorrect as we'd been delayed for over 4hrs. I replied advising this, but forgot all about it for a couple of months.

I then sent them another email last week, asking for an update. Within hours, they replied asking for my bank details. I called them, passed the info and 8 days later have received 4x €400.

I don't know whether Easyjet intentionally tried to dissuade me from carrying on with my claim by asserting that the flight wasn't delayed and wasn't therefore claimable, etc? However I knew the facts so carried on with my communication.

PERSEVERANCE, PEOPLE

Tyzap

Great result Fimms, well done.

One of the few where the CAA have (eventually) been of some use.

razorsedge

fimms wrote: »

I don't know whether Easyjet intentionally tried to dissuade me from carrying on with my claim

Most Regulars on this forum know!

Wenner

Sounds like some people have success with perseverance, that gives me hope.

I am claiming flight delay compensation from easyJet for a flight from GTW South Terminal to Innsbruck on 24th December 2013. That day was a clear and sunny day and many flights took off and landed at GTW South Terminal, ours was delayed for 4 1/2 hours and then we were told at departure gate that the flight would be going to Munich, as there was a storm and high winds in Innsbruck!
Our transfer from Munich to Innsbruck took another 2 1/2 hours, giving us a delayed arrival of 7 1/2 hours. Actually, there was no storm in Inn and everyone else landed, I have the confirmation from Inn Airport Airfield Manager. So easyJet has been changing facts a few times!

EasyJet never supplied us with food vouchers at GTW, even when asked for it. Their transport arrangements in Much were non existent and to my initial complaint to easyJet customer service I got a short reply about : extraordinary weather and no compensation! Not even compensation for my food bill, as I had not supplied an itemized bill!

I have taken them to Court and our Hearing date is in April. I could not have supplied my Particulars of Claim and Witness statement without Vauban's Guide!! Thank you so much!!:T

I have got easyJets 'bundle' which they have supplied the Court and myself with, about 200 pages, many which are of no interest. But they have included a 68 page 'Report of David McMillan - Disruption at Gatwick Airport Christmas Eve 2013'

easyJets Defence and Counterclaim consists of a list of inconsistencies from their lawyer, which we have dealt with in our reply to the defence.

They are saying that the crew was out of hours and they had to have a new crew. It does transpire, what we have already suspected, that that pilot was not qualified to land in Innsbruck and that is why they re-routed the plane to Munich.
In their bundle I now have an email confirming to that fact.

My claim is based on the following:
- Article 9 'Right of care' was breached, never got any food vouchers.

- Jager v EasyJet - adverse weather (which occurred on 23.12.13) for a previous flight is not an extraordinary circumstance for subsequent flight delay (we have a flight tracker telling us of delayed flight because of previous delay)

-Finnair Judgment - Compensation for denied boarding applies not only to cases of overbooking, but also to those relating to other grounds, such as operational reasons ( no other aircraft was available according to easyJet / crew was out of hours )
which in Rule 33 of 'List of extraordinary circumstances Version XX July 2014' is NOT extraordinary

The Court in the Finnair Judgment also notes: that extraordinary circumstances may relate only to a particular aircraft on a particular day, which is not the case when boarding is denied because flights are rescheduled as a result of extraordinary circumstances affecting an earlier flight.

I think these are the main points - if anyone has any advise to offer that would be great.

I am now struggling to put my 'skeleton argument' for the Hearing together and am not sure how long it is 'allowed' to be.
Any suggestions?

Niamh2013

Are toddlers (aged under 2) entitled to compensation too please?


I tried googling for an answer but couldn't locate one sorry. I would've paid tax for her seat £44 return and I wondered whether Easyjet are required to pay her compensation for the delay too please?


Many thanks

NoviceAngel

Niamh2013 wrote: »

Are toddlers (aged under 2) entitled to compensation too please?


I tried googling for an answer but couldn't locate one sorry. I would've paid tax for her seat £44 return and I wondered whether Easyjet are required to pay her compensation for the delay too please?


Many thanks

It's in Vaubans guide, as long as you paid a commercially available fare for her seat then YES

Niamh2013

Thanks NoviceAngel. I read Vaubans guide and the Northern Irish example but easyjet have said my infant isn't entitled to compensation because she travelled on a reduced fair. In the successful Northern Irish example the judge only seemed to consider the issue that the child did not travel for free the judge didn't the issue of the reduced fair.

Anyone else successfully apply for an infant please?

Thanks

NoviceAngel

Niamh2013 wrote: »

Thanks NoviceAngel. I read Vaubans guide and the Northern Irish example but easyjet have said my infant isn't entitled to compensation because she travelled on a reduced fair. In the successful Northern Irish example the judge only seemed to consider the issue that the child did not travel for free the judge didn't the issue of the reduced fair.

Anyone else successfully apply for an infant please?

Thanks

Totally untrue, it's just a sad attempt at an excuse, don't believe that rubbish!

It's a definitive answer even if you paid £1 for your child, then YES you are entitled to claim, believe me if I'm wrong on that, PtLV and many others would be quick to correct me :cool::A

Cheers,

NoviceAngel