Flight delay and cancellation compensation, Easyjet ONLY

girlneedshelp

Richard, Mark and Centipede, thank you for your thoughts. I just wrote EasyJet back disputing their claim regarding infants, and used your post Centipede as the basis of my argument (I reworded it, but hope you don't mind.) If they turn me down, I will accept compensation for the other passengers and seriously consider small claims court for the infant, as it seems clear to me that an infant is a 'passenger' and none of the EU exemptions apply. I quoted the EasyJet website in my reply which states in the FAQ: 'How early can my child fly with me on my lap? Our youngest passengers must be at least 15 days old.' So if an infant is a passenger and none of the exemptions reply, than I don't understand their rationale. Thanks so much for the advice and encouragement! :A

AMG762

Well im just posting now to update on another email i received from easyjet today in the hope it can help others in some way.

Basically my claim was refused due to a thunderstorm (extraordinary circumstances) on a previous flight and the knock on effect.

My original message to them was...

[FONT=Times New Roman,serif]Thank you for your email which confirms the thunderstorm in Naples and the claimed extraordinary circumstance this caused.[/FONT]

[FONT=Times New Roman,serif]I would like to ask once again for clarification given the two points as below[/FONT]

[FONT=Times New Roman,serif]1. Regulation EC 261/2004 gives examples of extraordinary cases regarding bad weather, it says meteorological conditions incompatible with the operation of the flight concerned.[/FONT]

[FONT=Times New Roman,serif]Clearly there was no extraordinary circumstance directly connected to Faro or Stansted airport, or the airspace in between.[/FONT]

[FONT=Times New Roman,serif]2. I would also like to bring to your attention point 37. Finnair Oyj v Timy Lassooy Case C-22/11[/FONT]

[FONT=Times New Roman,serif][FONT=Calibri,sans-serif]http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62011CJ0022:EN:HTML[/FONT][/FONT]

[FONT=Times New Roman,serif][FONT=Calibri,sans-serif]In addition, it is apparent from recital 15 in the preamble to Regulation No 261/2004 that ‘extraordinary circumstances’ may relate only to ‘a particular aircraft on a particular day’, [/FONT][FONT=Calibri,sans-serif]which cannot apply to a passenger denied boarding because of the rescheduling of flights as a result of extraordinary circumstances affecting an earlier flight.[/FONT][/FONT]

[FONT=Times New Roman,serif][FONT=Calibri,sans-serif]Given the above i would like to ask once more you re-consider your decision not to award compensation under EC 261/2004 as you have applied theE.C. as a result of rescheduling flights due to the effect on a previous flight.[/FONT][/FONT]

[FONT=Times New Roman,serif][FONT=Calibri,sans-serif]To which the reply from them was....[/FONT][/FONT]

[FONT=Times New Roman,serif][FONT=Calibri,sans-serif][FONT=Times New Roman,serif][FONT=Calibri,sans-serif]1. Regulation 261/2004 provides a non-exhaustive list of circumstances which are considered extraordinary circumstances. As this is a non-exhaustive list adverse weather conditions affecting the schedule on an aircraft can and is extraordinary. In any event, the fact that the adverse weather conditions meant that air traffic control restrictions were in place the delay is also covered under Recital 15 of Regulation 261/2004 which provides that “Extraordinary circumstances should be deemed to exist where the impact of an air traffic management decision in relation to a particular aircraft on a particular day gives rise to a long delay, an overnight delay, or the cancellation of one or more flights by that aircraft”[/FONT][/FONT][/FONT][/FONT]
[FONT=Times New Roman,serif][/FONT]
[FONT=Times New Roman,serif][FONT=Times New Roman,serif][FONT=Times New Roman,serif][FONT=Calibri,sans-serif]2. I am aware of the Finnair judgment, however it appears that you have misunderstood this judgment. For ease the facts of this case were that due to a cancellation for extraordinary circumstances Finnair denied boarding to passengers of a later flight so that the passengers of the cancelled flight could be re-routed. The decision of the ECJ was that issues of extraordinary circumstances which affects an earlier flight cannot be applied as grounds to denied boarding to passengers of a later flight. In your case, you were not denied boarding to your flight, as such the Finnair case is of no relevance to this particular matter.[/FONT][/FONT][/FONT]
[FONT=Times New Roman,serif]
[FONT=Times New Roman,serif][FONT=Calibri,sans-serif]I hope the above again clarifies the matter and the fact that easyJet has no liability to pay compensation.[/FONT][/FONT]

[/FONT]


[/FONT][FONT=Times New Roman,serif][FONT=Calibri,sans-serif]At least they took the time to reply and give a response to how they are handling claims like mine which are delayed from E.C,s on previous flights.[/FONT][/FONT]

[FONT=Times New Roman,serif][FONT=Calibri,sans-serif]Hope this helps somebody who may be in a simular position[/FONT][/FONT]

The_Sweeper

Had an email from Easyjet in response to my letter claiming compensation. They said delay "due to a security alert that required our immediate attention" and that the aircraft had to be fully searched. Therefore this is outside of the scope of a claim.

Previously they sent an email stating " Regrettably this was due to an earlier incident affecting the routing of your aircraft".

How can I check out the genuine reason for the delay? They seem to have a compendium of reasons!

girlneedshelp

Just to update you all, I received another reply from EJ to my request for compensation for the infant in our party:

7th March 2013

Dear xxxxxxx

Thank you for your email response.

I am disappointed to learn that you're unhappy with the response I gave to you.

Let me inform you that, we make sure our compensation arrangements comply with European legislation and include them in our Carrier's Regulations which we ask you to confirm you have read, understood and accepted before you complete your booking.

I do understand that we considered Infants as passenger, however, the compensation is entitled for only fully paid passenger. As you know, infants do not occupy a seat and therefore they are not entitled for any compensation.

Therefore I am unable to offer you any further compensation. I appreciate that this is not the answer you are looking for, however we try to be fair, transparent and consistent with all our customers and making an exception in your case would not be fair on other customers who may find themselves in a similar situation.

Yours sincerely

Murtuza Bombaywala
easyJet Customer Services

---

I have already responded this morning as follows:

Dear Easyjet:

Thank you for your correspondence regarding compensation for flight xxxx, especially in admitting that the infant in our party is a 'passenger.' Your defense seems to be that:

1. I have 'confirm(ed) you have read, understood and accepted before you complete your booking' Easyjet's 'carriers regulations.'
2. The infant is not entitled to compensation under EC Regulation 261/2004 because he is not a 'fully paid passenger.'
3. The infant 'does not occupy a seat.'

First of all, regarding point one, Easyjet's carrier regulations do not take precedence over EU law, so that a passenger cannot surrender their EU rights upon their parent's acceptance of a 'carriers regulations.' Secondly, the infant was a 'fully paid passenger' which was paid on my American Express card ending in xxxx. No doubt, the infant would not have been allowed on the plane in the first place if he had not payed the full applicable fare for an infant, but he sat on the aircraft with the rest of the passengers on 26 December 2009 and again on the rescheduled flight on 27 December 2009. I have photographs to prove this point from the flight. Also, where in the relevant legislation does it say that either paying full fare or occupying a seat is a requirement to be entitled to compensation? The legislation only requires that the infant be a (Article 3, 1a) 'passengers departing from an airport located in the territory of a Member State to which the Treaty applies' and that the 'Regulation shall not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public.' The infant did depart from a member state of the EU and he did not travel 'free of charge or at a reduced fare' not available to the public, so Easyjet's understanding of this matter (with respect) is incorrect. I understand that you are reluctant to make exceptions, but I am not asking Easyjet to make an exception but to follow the law, including EC Regulation 261/2004 and pay the relevant compensation. I would like to settle this matter privately, but if I do not receive a satisfactory response I intend to pursue my complaint further.

:A

girlneedshelp

Wow, I've already received a reply from EJ to this morning's email, so I'll have to consider going the small claims route... :A

7th March 2013

Dear xxxxxx

Thank you for your response to me.

I was disappointed to know that you were unable to understand my response.

Let me explain you again, EC Regulation 261/2004 allows the passenger who have paid fully for their ticket and chose to travel on a delayed flight are entitled for compensation. Our Carrier's regulation of course does not rather can not over rule the European Law for Compensation.

As advised previously, the infant is not entitled for any compensation has you've just paid for a infant fee and not for a seat to occupy on the aircraft.

Please consider this is a final response from easyJet with this regards.

Yours sincerely

Murtuza Bombaywala
easyJet Customer Services

girlneedshelp

Thanks Centipede, I'll send the 'Letter before Action' as soon as the rest of the compensation hits my bank account (and I'll make sure it's clear that I'm only receiving it 'as an interim payment pending receipt of the full amount claimed.' I'll keep you informed of events as they unfold... Thanks for all the help and support here. Your a star! :A

Mark2spark

girlneedshelp wrote: »

Thanks Centipede, I'll send the 'Letter before Action' as soon as the rest of the compensation hits my bank account (and I'll make sure it's clear that I'm only receiving it 'as an interim payment pending receipt of the full amount claimed.' I'll keep you informed of events as they unfold... Thanks for all the help and support here. Your a star! :A

Good luck to you. I agree that it's wise to get the bulk of the compensation due safely in your bank account before going legal with them.

sarahfitz

Success with Easyjet!!!

After Easyjet repeatedly declined compensation for my delayed flight back in April last year, hiding behind the extra ordinary defence, I contacted the consumer council (NI only) who acted on my behalf. Pleased to say after 1 letter sent from them, and a very quick response from Easyjet who have now honoured the compensation claim.

Just goes to show, don't give up!

AMG762

Well a small bit of hope for me too...

After easyjet claiming extraordinay circumstances on a previous flight and the knock on effect i have contacted the CAA with all the information. They replied very quickly with the following...

[FONT=Times New Roman,serif][FONT=Arial,sans-serif]Thank you for your recent e-mail about your complaint against Easyjet.[/FONT][/FONT]

[FONT=Times New Roman,serif][FONT=Arial,sans-serif]It appears to us that your complaint falls within the scope of Regulation EC261/2004.[/FONT][/FONT]

[FONT=Times New Roman,serif][FONT=Arial,sans-serif]As you have received a reply and you would like further advice or assistance with your complaint, you would need to contact the National Enforcement Body (NEB) responsible in the country where the incident occurred. The NEB would then be able to take any appropriate action in line with their responsibility under the Regulation.[/FONT][/FONT]

[FONT=Times New Roman,serif][FONT=Arial,sans-serif]Every Member State of the EU is required to have a body to receive complaints that fall under the Regulation. In your case this would be Portugal. I attach a list of contact details for the individual NEBs, together with some information relevant to your complaint.[/FONT][/FONT]


.....................................................

Only problem i have now is the contact information is a Portuguese address and telephone number...

Anyone speak Portuguese???

spainl

Success !!!!!!!!!!!!!!!
I applied for compensation to Easyjet using all of the tools found on this website in early November last year. It was for two flights taken from Gatwick to Malta in July 2008 which was delayed for over 6 hours due to the pilot being sick!
After much chasing by telephone and email to Easyjet I received a phone call this morning with an email to confirm that I will be receiving 800 euros in compensation.
Thank you so much MSE - fabulous website !!