Flight delay and cancellation compensation, Easyjet ONLY

richardw

Have they advised you of the dates of the judgement of these cases?

Making such statements without detail is akin to saying "I caught a very large fish yesterday".

Since you are reasonable, write back requesting more details of these cases in the form of a table, with dates, number of passengers and the Judges' deciding comments.

There are eight of you which means more compensation, they have more to gain by fobbing you off.

The Judges comments in Ash v TC are those of a reasonable person, would the Judge at a future hearing disagree?

silverdisk

To-day I received my cheque from easyJet, payment in full and although there was no apology for their lies I am ecstatic. Without the help and support from here I might have wilted and given in or went the NWNF route. They were their own worst enemy in this as an offer of 3 free flights would have satisfied me but perhaps theres a reason they don't do that? I cannot resist that the crap about trained, expert aviation lawyers was just that, crap. It is better to bask in the glow of righteousness than slate easyJet I suppose, lol. Thanks again everyone and don't give up !

silverdisk wrote: »

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. I have emailed them, letter before action, tweeted and finally, after legal action has been instigated they send this email in response to a tweet.


Dear James,
Thank you for your recent contact with us.
Please accept my sincere apologies for the time taken to deal with your case. We have recently received a large number of e-mails which has affected our response time.
I can confirm that you have addressed your claim to the correct department. I'm sorry if you're not satisfied with our previous response. I've checked the Delay Report for your flight 6703 on the 1st June '15 and I'm sorry to hear that your flight was delayed for so long. I can imagine how frustrating this must have been. I can confirm that the report states the delay was due to the wind in Belfast.
There are two reasons a flight can be delayed or cancelled - extraordinary and non-extraordinary. To explain; extraordinary circumstances indicate that easyJet did everything they could to prevent the delay but were unable to do so. In this instance compensation would not be payable. Conversely if the delay is classed as non-extraordinary compensation would be payable as we could have prevented the disruption.
On this occasion the delay's classed as Extraordinary and therefore I am unable to offer compensation to you. I appreciate that this is not the outcome you were hoping for. We work really hard to keep our costs and ultimately your fares low and the potential increase in costs by paying compensation far in excess of the fare price places a huge financial burden on us as an airline and will ultimately lead higher fares for all which is not in the long-term consumer interest.
I assure you that 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.
I do recognise the inconvenience that this will have caused you and would like to assure you that we strive hard to make travel easy and provide the best possible service for all our passengers. I sincerely hope that this unfortunate experience will not deter you from flying with us and I do hope you’ll allow us another opportunity to provide you with a more positive experience in the future, as we consider it our privilege to have you on board.
I'm sorry to be the bearer of disappointing news but I hope this has been clear and helpful.

So there you are, wind, not crew change, not maintenance but a wind that did not disrupt other flights from the same boarding gates and not the flight bringing in the new crew but still I am terrified of the might of easyjet versus me. Give me some hope fellow forum posters, please.

windmill26

windmill26 wrote: »

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

Just a quick update from me.
My case has gone from the Liverpool County Court to Luton County Court.It is with the Judge at the moment and hopefully we can put this case to bed soon. On another note I have to say that Bott has been shocking and I can honestly say that I will never recommend them to anyone.They couldn't even be bothered to let the County know that they came off my case!

111KAB

windmill26 - suggest you request case is transferred back to your local court unless Luton is and/or you want a trip to Luton. Several of the airlines are based at Luton so the location suits them and they role in everyone who holds a senior position. Judges can be persuaded with the technical jargon presented by the airline and have been known to favour the defendant when presented with the 'onslaught'.

windmill26

111KAB wrote: »

windmill26 - suggest you request case is transferred back to your local court unless Luton is and/or you want a trip to Luton. Several of the airlines are based at Luton so the location suits them and they role in everyone who holds a senior position. Judges can be persuaded with the technical jargon presented by the airline and have been known to favour the defendant when presented with the 'onslaught'.

Silly me thinking that they would impartial:(! Luton is not my closest court as I live in SW London but I thought was better than Liverpool distance wise. Now reading your comment I may ask for the case to be transferred to my local court. Also I was hoping for the Judge to see sense and rule without wasting everyone time...

zzx

the accepted advice is that knock on effect of bad weather is not an extraordinary circumstance. Can anyone point me in the directio of where this is decided?

Due in court in Feb. There was bad weather earlier in the dasy wghich delayed the inbound aircraft but at scheduled eparture time there was no bad weather. When flight was ready to tske off crew were out of hours.
Easyjet relying on preamble 13 which states " a particullar aircraft on a particular day" although later in same paragraph it says " .. the FLIGHT concerned".

I rely on the fact that EJ did not use all of its resources etc but anything on knock ons will help.

Vauban

zzx wrote: »

the accepted advice is that knock on effect of bad weather is not an extraordinary circumstance. Can anyone point me in the directio of where this is decided?

Due in court in Feb. There was bad weather earlier in the dasy wghich delayed the inbound aircraft but at scheduled eparture time there was no bad weather. When flight was ready to tske off crew were out of hours.
Easyjet relying on preamble 13 which states " a particullar aircraft on a particular day" although later in same paragraph it says " .. the FLIGHT concerned".

I rely on the fact that EJ did not use all of its resources etc but anything on knock ons will help.

In the Regulation itself, a list of possible Extraordinary Circumstances is given. And although "meteorological conditions" are cited, this is immediately qualified as "incompatible with the flight concerned". This is because, I'd suggest, earlier knock one are clearly within the control of the airline.

Interesting blog here, reporting a similar case:

http://www.flightdelays.co.uk/blog/2015/1395/another-weather-court-victory-for-flight-delays

Justice13075

Had exactly the same problem but with Ryanair who also cited extra ordinary circumstances when my flight was delayed because the plane coming to pick us up was delayed in another country by bad weather. The fought all the way till court proceedings were issued then they agreed to pay up. You'll be ok.

silvercar

To recap, August 2013 son was delayed 3 hrs 38 mins.
The reason for the delay is given as technical fault followed by awaiting a new crew as existing crew would be over hours.

Applied for compensation of 300EURO. They rejected it stating extraordinary reason.

Put it in the hands of Bott early December and today heard that easyjet have given in. :j Just got to wait for the money to come through now.

windmill26

windmill26 wrote: »

Silly me thinking that they would impartial:(! Luton is not my closest court as I live in SW London but I thought was better than Liverpool distance wise. Now reading your comment I may ask for the case to be transferred to my local court. Also I was hoping for the Judge to see sense and rule without wasting everyone time...

Just got a letter from Luton Court.They are not willing to move my case to a Court closer to me.So Luton it is!