Flight delay and cancellation compensation, Easyjet ONLY

windmill26

Vauban wrote: »

So for the benefit of others, Ms Windmill and myself have been working up a draft witness statement to respond to the Judge's Order requesting an explanation of why compensation is due given the plane Ms. Windmill's party travelled on wasn't delayed.

Bott & Co rather uncourageously (in my view) dropped the case with little notice, leaving Ms Windmill to pick up the pieces in short order.

The bottom line is that Ms Windmill did travel on a flight that wasn't delayed. But she did so because EasyJet rerouted her onto it, after she had waited over four hours for her original flight to depart (and been told they had no idea when the original flight might leave). In the event, even taking the second flight, she arrived back into Gatwick over five hours later than she should have originally done.

This is the witness statement in response to the Judge's Order. I am sure Ms. Windmill would welcome any quick feedback before she sends it off.

Statement sent. Fingers crossed!
Thank you Vauban for helping me.I will keep you posted.:)

Kathy2905

Help please. I started a claim against Easyjet for a flight from Edinburgh to Belfast - arrived 3hrs 32 mins late due to bad weather in Poland on the morning of the flight. I went through resolver but had not response so sent copies of everything by post. I received an email from them denying compensation as it was 'Extraordinary Circumstances'. I replied to them:
We were advised from the Easyjet Updates that the flights were delayed due to weather disruption on an earlier route as you have confirmed below - fog in Poland (not Edinburgh).
The flight from Poland was due to leave at 10.30am (GMT+1). My flight from Edinburgh was due to leave at 8.45pm. I do not believe that Easyjet took all reasonable measures to prevent the delay to my flight which was due to leave almost 12 hours after the flight from Poland.
In these circumstances I would be obliged if you would review my claim for compensation.
and received the following:
Our Legal Disruption has confirmed that it was the high winds and storms over Krakow that affected your flight. It is really disappointing for us as an airline and a team, when factors outside our control lead to delays and cancellations. In these situations, the best we can do is reduce the impact on customers and address any issues over which we do have control. I can reassure you that we did all we can to keep your flight on schedule. Unfortunately, the high winds and storms in Krakow had a knock on effect and caused the delay to your flight. In this scenario you are not entitled to compensation on this occasion

I believe that I am entitled to compensation and the calculator and Bott & Co agrees. Can anyone advise my next step? Do I reply to Easyjet and tell them i'm going to CAA or just go straight to them? Do I avoid CAA and go to Bott & Co. It's now a matter of principle!
Thanks

Tyzap

Kathy2905 wrote: »

I believe that I am entitled to compensation and the calculator and Bott & Co agrees. Can anyone advise my next step? Do I reply to Easyjet and tell them i'm going to CAA or just go straight to them? Do I avoid CAA and go to Bott & Co. It's now a matter of principle!
Thanks

Hi Kathy,

Your next step is up to you, you seem to have a good grasp of the regs so you could DIY or go NWNF if you don't feel confident enough or have the time.

If Botts calculator says you are due compensation you have confirmation that your claim is valid. I too believe you have a good case.

I would follow Vaubans guide and have a go myself. EJ have already admitted that it was a knock on, so you're on your way.

Good luck.

iheartspag

Hi easyclaimMSF
Did you receive your payment from easy jet. I have recently received a similar email referencing a very old card and wondered how this worked out for you.
Thanks

Vauban

iheartspag wrote: »

Hi easyclaimMSF
Did you receive your payment from easy jet. I have recently received a similar email referencing a very old card and wondered how this worked out for you.
Thanks

easyclaimMSF only ever posted once - and hasn't been back on here since Feb 2013. But others have reported that if you ring easyJet up with a new bank card then they are able to process the transfer.

kaydee

My son was booked onto an Easyjet flight at 18.30 to Amsterdam. The incoming flight was 21 minutes late into Luton. They boarded late and pushed away at 19.11.
But they didn't take off until 21.00 (UK). He believes delays were mentioned as problems with stands at Schiphol.
It was due into Schiphol at 20.35 but actually landed at 22.51 (Dutch)- then of course has to taxi etc. He had cabin baggage, but they had said the flight was busy so it had to go in the hold - although he says there was space on the plane ..... His bag arrived at 23.20, which was 6 minutes after the last train to where he lives left the station.
He has had to book a hotel room and will travel direct to work in the morning.
I don't think he is due compensation, but isn't he due actual costs?
Haven't spoken to Easyjet yet, as their customer services are shut until tomorrow morning!
Any help and advice gratefully taken, thank you.

Caz3121

kaydee wrote: »

M
It was due into Schiphol at 20.35 but actually landed at 22.51 (Dutch)- then of course has to taxi etc.
delay needs to be 3 hours to qualify for compensation. If the doors of the aircraft opened before 23:35, no compensation due

He had cabin baggage, but they had said the flight was busy so it had to go in the hold - although he says there was space on the plane ..... His bag arrived at 23.20, which was 6 minutes after the last train to where he lives left the station.
He has had to book a hotel room and will travel direct to work in the morning.
I don't think he is due compensation, but isn't he due actual costs?
his losses are consequential losses which airlines are not responsible for. Once he arrived at Amsterdam airport the contract ends

Haven't spoken to Easyjet yet, as their customer services are shut until tomorrow morning!
Any help and advice gratefully taken, thank you.

I would not expect anything other than an apology for the delay from Easyjet. (and maybe not even that since it sounds like the issue was with AMS airport/ATC - looking at Flightstats the majority of flights this evening were delayed) probably best to speak to his travel insurance to see if they will cover reimbursement of costs due to missed train

fox3060

Hi all
Have found the guides and the help on this page really, really helpful so thanks to everyone already, you've helped me get this far. Briefly, my family of eight had a 23 hour delay from Dalaman to Manchester back in 2012. I wrote a couple of standard letters to Easyjet but didn't get a response and so issued proceedings in the small claims court.

Easyjets defence says that the aircraft coming into Dalaman that was going to take us home suffered a bird strike on approach at landing and that to be compliant with safety procedures they had to carryout an investigation which showed that extensive damage had happened and the repair time was going to be more than 3 hours and the aircraft wasn't serviceable until 15 hours later. They are referring to extraordinary circumstances and Huzar and are stating that a bird strike is an extraneous act of a third party, in this case nature and thus it cannot be characterised as inherent in the normal activities of the carrier and is also beyond its control and that no reasonable measures could have been taken to avoid the bird strike.

They further state that it took all reasonable measure to avoid the delay by having spare aircrafts but it would have taken them an hour to have spare crew available and 4 further hours to get the plane to Dalaman.

When I received the Defence I wrote back to EJ as it was the first thing I had from them quoting the case of Ash v Thomas Cook although I know this isn't a binding decision as it was a county court decision. I've now had to file a directions questionnaire which I've done but have today received a letter from EJ saying this case has no authority and quoting a load of cases at me where EJ have been successful in bird strike cases at county court level. They have categorically said again that this was an extraordinary circumstance and they have no liability.

EJ have filed their directions questionnaire so I'm now getting really worried that I'll actually have to go to court. The thought of this makes me feel sick as I am rubbish at speaking, will clam up and stutter and stammer and my mind go blank if I ask a question! Has anyone got this far with EJ before - if you have, at one point have they given in, if they did give in??

richardw

Which bird strike cases are they quoting where they say they have been successful?

fox3060

The cases that they are quoted are all lower court decisions and are unreported so I can't find reference to them at all although they state that they are all in favour of the airline when concerning bird strikes. They are basically using them to say that they have the same authority (i.e. none!) of Ash v Thomas Cook.