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Flight delay and cancellation compensation, Easyjet ONLY
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Hi all!
I'm wondering whether I should just give up or take this any further. I'll give all you the short version
My Easyjet flight from Amsterdam to London was delayed for nearly 4 hours. I received an email from Easyjet telling me it was due to a technical fault.
After reading up, it looked like I was perfectly entitled to compensation, so I wrote to them.
About a week later they wrote back saying I wasn't entitled, because the fault was due to 'lighting'.
I wrote back and told them that this kind of thing doesn't seem to be considered exceptional, and that I still believed I was entitled.
A few days later they wrote back saying something like "we are sorry you do not find our reason satisfactory, however lightning blah blah blah".
Do you see what they did there? The reason has changed from lighting to lightning.
Unfortunately a lightning strike is considered to be exceptional, and I'm therefore not entitled. But I'm still a bit !!!!ed off with the lackadaisical manner they have responded. I replied, explaining that I thought that some confusion had arose because of their misspelling of the word 'lightning'. I never heard anything back from them. I expected a half-arsed apology at least. What does everyone think? Should I just shut up and take it?
Thanks in advance!0 -
Look up weather conditions on the day, see if other flights were effected (flightstats) and see if there were any reports (Aviation Herald) of an EJ plane being struck. Armed with this info (or lack of it!) make a decision .... at worst maybe ask a NWNF.0
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Thanks for your reply.
There was indeed lightning that day. Aviation Herald doesn't report anything about a plane being struck though. There were some other delays but it's difficult to know if they were also caused by lightning.
This is from Easyjet themselves. I'm a bit cynical though. What would be nicer is if they offered to show me this independent report:
"Our flight delay reports are put together by a team of highly trained independent aviation lawyers who specialise in their field. This means that each report has been fully investigated by the time we are able to discuss their findings with you and can be upheld in a court of law. This is how we now know that the fault/damage was caused by a lightning strike."
I have toyed with the idea of NWNF. EUclaim actually sent me an email saying that other passengers on my plane claimed successfully (they had my details because I filled in some form before reading the T&Cs and opting out). I don't know whether this is just standard rubbish they send out or if there might be some truth in it...0 -
Try another NWNF .... if two (or more) decide to take on it would suggest you have a valid claim in which case over to you to decide whether DIY or NWNF. Unusual for a NWNF to confirm they have had valid claims on a particular flight prior to being instructed.0
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Hi all!
What does everyone think? Should I just shut up and take it?
Thanks in advance!
Hi,
If it affected a previous flight, and not the one you were on, it is classed as a knock on and cannot be an extraordinary event.
Assuming you arrived 3 hours or more late to qualify you have a valid case imho.
Good luck.Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.0 -
I was indeed more than 3 hours late.
To be honest, if they had offered to give me a refund I would have taken it. 250 Euros does seem like a hammer blow and I'm not surprised they try to worm out of these.
It's being treated like a moron that annoys me.
I'll pursue it. Thanks for the advice. Although I'm not sure where to turn now. Perhaps I will just write back to them and ask for that report! Or maybe there's a way to find out who else was on that flight and get in touch with them. I bet the DPA has made that impossible though.
Anyway, cheers!0 -
So, decided to follow up the disappointing response to my original letter with the following. The response from easyJet, to my first letter, is also quoted below.
I shall be sending a copy to Carolyn McCall.
What do you think?
Dear Sir / Madam,
Re: Compensation claim for delayed flight - Notice Before Action Booking reference: 1098xxxxxxx
Passengers: Mrs. Lesley xxxxxx
Mr. Manfred xxxxxx
Mr.Bruno xxxxxxx
Mrs. Regina xxxxxx
Mr. Hubert xxxxxx
Mrs. Ursula xxxxxx
Further to my letter of 21.07.2015, I have not received a satisfactory response to my compensation claim for flight EZY8530 on 20/10/2011.
I wish to address the statement made in the reply to my original letter that the time has expired in which I can make a claim due to my present address in Germany. AT THE TIME OF BOOKING I WAS RESIDENT IN THE UK! Should I start legal proceedings I will seek compensation in an English Court of Law! This means that the 6 year law of Contract has not expired.
The judgment of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case. This has been subsequently acknowledged by UK courts, including the Supreme Court recently. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight. As we were delayed by approximately 4.2 hours, therefore I am claiming €250 per delayed passenger in my party. The total is €1,500.00 for all passengers, plus interest @ 8% p.a. Should you neither settle my claim in full nor provide a full and satisfactory defence to my claim within 14 days of the date of this letter, I reserve the right to issue legal proceedings without giving you further notice in writing.
Yours faithfully,
Mrs. Lesley Behringer
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 Services0 -
State you will also be insisting that the relevant conversion rate from euro to sterling will be applied as appropriate on the date of the delay.0
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Hello, me and my partner had an easyjet flight from London Southend to Amsterdam EZY7403 cancelled on Saturday 25th July due to weather conditions in Amsterdam. Our flight was delayed 2 hours, then we all got on the plane only to be told the flight had then been cancelled. Although easyjet offered a hotel room for those who did not live locally (which we did so we had no need for the hotel) and they scheduled another flight for the following morning (20 hours later) we still had pre paid for our hotel in Amsterdam for the Saturday night which we could not spend there. I have emailed easy jet and they have said that they cannot give compensation as it is 'extreme circumstances'. Our hotel could not refund us the cost of the room for the Saturday night as it was not their fault. Is this correct that we are not entitled to compensation from Easyjet? If it is not, please can someone advise what the next step we should take is?
I look forward to receiving some advise!0 -
Cancelled flight = 250€ compensation. Refer Vauban's Guide.
Amsterdam hotel = consequential loss therefore not EJ problem. Refer your insurance.0
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