Flight delay and cancellation compensation, Easyjet ONLY

silverdisk

Easyjet flight EZY6703 1/6/2015 was delayed due to crew change from 16.15 to 23.00 from Belfast to Alicante. We have emailed them and they replied exceptional circumstances- wind. They had at least 3 other flights leave on time from the same gates, we saw them leave. We saw the replacement crew arrive from London, early, from an easyjet plane at the same gate, we heard the pilot tell us she was sorry about the delay in getting there. I tweeted them and they say the same- wind.Why do they deny what is the truth? We have a screen shot of their web page telling the world it was a crew change! My instinct is to jump in to legal proceedings I am so angry with them, the first three days of my holiday were ruined recovering from arriving at 02.30 at ALC and 05.30 into hotel. What to do next after I calm down? Is there anywhere I can find other passengers on the same flight- a noticeboard type place?

Justice13075

If the circumstances are as you described you have a valid claim. Read Vaubans excellent guide. It explains all.

karlwithak82

Our EasyJet flight (Düsseldorf to Heathrow) was cancelled with a new flight scheduled for the next day. If we had waited for this flight we would have missed the wedding we were attending the next and therefore booked an alternative flight. EasyJet have said that because we rebooked we are NOT entitled to compensation. Is this true? Thanks

Vauban

karlwithak82 wrote: »

Our EasyJet flight (Düsseldorf to Heathrow) was cancelled with a new flight scheduled for the next day. If we had waited for this flight we would have missed the wedding we were attending the next and therefore booked an alternative flight. EasyJet have said that because we rebooked we are NOT entitled to compensation. Is this true? Thanks

No it is not.

benschita

Just got an email back from Neil at Easyjet! ( It's taken so long due to German Post strike and them "loosing " my letter!"

What do you all make of this? The last time I looked, Germany was still part of the EU?!? Are Easyjet BULLSH*TING? ( Excuse my French please). Surely the rules are the same for ALL members of the EU and not different as to where one lived at the time????


Dear Lesley

Thank you for contacting easyJet. Please accept my apologies for the delayed response. We have received a large number of enquiries recently which has greatly affected our response time.

Regarding your claim for EU Compensation, as this flight was in 2011, the claim is now time-expired.

Claims for German residents expire 3 years after the end of the calendar year of the disrupted flight in question, and as the flight itself occurred in 2011, the time to claim for EU Compensation expired at the end of 2014.

It is for this reason that I am unable to assist further with your claim for EU Compensation, but I do hope we will be able to welcome you onboard easyJet in the future.

Kind Regards


Neil
easyJet Customer Services

Would be grateful for feedback as to next step. Are there any "standard letters" in order to answer this reply.

Many thanks
Benschita ( ie. Lesley - as you have all deduced for Easyjet's reply!)

Justice13075

Limitation periods (in German: Verjährungsfristen) impose time limits within which a party must bring a claim, or give notice of a claim to the other party. They are imposed by statute, primarily sections 194 to 218 German Civil Code (Bürgerliches Gesetzbuch, BGB). The standard limitation period is three years (section 195 BGB).

To avoid the claim become statute barred the claimant must either initiate court proceedings (see details here) or he must get written confirmation by the other party that the other party will not plead the defence of limitation (so called “Verzicht auf Verjährungseinrede”). If claimant has missed this there is still a chance to argue that the parties had already started to negotiate the claim (see section 203 BGB), but this is thin ice, especially if there is no correspondence to prove such serious negotiations.

Section 203
Suspension of limitation in the case of negotiations

If negotiations between the obligor and the obligee are in progress in respect of the claim or the circumstances giving rise to the claim, the limitation period is suspended until one party or the other refuses to continue the negotiations. The claim is statute-barred at the earliest three months after the end of the suspension.

Justice13075

Where were you living at the time of your flight in 2011?

Vauban

If you have a UK postal address (say that of a relative) then you could use the English courts and therefore be within the period of the statute of limitation. It's not that hard to do DIY.

Justice13075

What would the answer be to the question to Lesley where were you resident when you booked the flight?.

Vauban

Justice13075 wrote: »

What would the answer be to the question to Lesley where were you resident when you booked the flight?.

Why is that relevant Justice?

Provided he has a serviceable address in the UK, he can choose to use the UK courts to sue the airline.

See this link for further details. (The last para is the most comprehensible.)