Flight delay and cancellation compensation, Easyjet ONLY

orcocan

hi all, my claim was rejected on the ground that there was a strike in France, even though the flight originated and finished in Italy without getting anywhere near France.

Is there any precedent to determine whether their defense is valid? Should I keep pursuing this or is that genuine defense in a court? ("knock-on" implications)

Thanks

David_e

orcocan wrote: »

hi all, my claim was rejected on the ground that there was a strike in France, even though the flight originated and finished in Italy without getting anywhere near France.

Is there any precedent to determine whether their defense is valid? Should I keep pursuing this or is that genuine defense in a court? ("knock-on" implications)

Thanks

Trouble is it may or may not be a valid defence depending whether they are being completely honest. I think the usual response to this type of query is to try and research flight activity around the time of your flight to see if there appears to have been a wider issue.

What were you told at the time?

orcocan

it's been too long to be honest, i do not recall anyone mentioning a strike but i could easily have forgotten, would it be a good one for a no win no fee firm perhaps?

Caz3121

orcocan wrote: »

would it be a good one for a no win no fee firm perhaps?

certainly worth checking flight number/date on the NWNF sites like EUClaim which should give an indication of whether there was extraordinary circumstances

mr-b

Hi

This is slightly different issue from most ppl's in that EJ have admitted there was a technical issue on my flight (MUC - LGW, delay overnight (>4h) Flight EZY5384, October 15th, 2011) - quote:

"[FONT=&quot]Having reviewed the details of your flight EZY 5384, I can confirm that the reason for the disruption was due to technical issues. This event would be classified as non-extraordinary under EC Regulation 261/2004 and you will therefore be entitled to a compensation of 250 Euros .[/FONT] [FONT=&quot]
[/FONT]
[FONT=&quot]If you would like further information on flight delay compensation please visit our website:[/FONT]
[FONT=&quot]http://www.easyjet.com/en/help/at-the-airport/delay-and-cancellations[/FONT]
[FONT=&quot]Once again I would like to apologise for the inconvenience caused and we hope to welcome you on board again soon."[/FONT]


[FONT=&quot]So they haven't said what the next step is and just pointed me back to the original claim form.[/FONT]

[FONT=&quot]Will there be a cheque in the post? The[FONT=&quot] claim form didn[FONT=&quot]'t include[FONT=&quot] a space [FONT=&quot]f[/FONT][/FONT][/FONT][/FONT]or my address.[/FONT]
[FONT=&quot]I've read Vauban's guide but this particular scenario isn't mentioned.
[/FONT]

Justice13075

Did you use Easyjet's own compensation form? if not click the link in their reply and under What are my rights in the event of a cancellation or delay? click How do i apply for EC261 compensation. Fill in the details and send it off.

mr-b

Yes I did fill out their EU261 form and the above is their response. This is why it's rather odd that they've just pointed me back at the same form. (I just spotted that they do have my address after all via the form).

Then again maybe I shouldn't be surprised since I submitted the claim form once originally, then they responded saying that they had a backlog and they'd respond when they received my form (at the link above), so I submitted the form again. Maybe they want me to submit it a third time???

Justice13075

Read Vaubans guide and send them a letter before action. Give them 14 days to respond if they don't respond you will need to issue court proceedings against them. All explained in the guide.

mr-b

I had already read Vauban's Guide but it only mentioned about what to do in the event of the airline denying liability and not the reverse.
Anyway I've sent an email of a NBA to the chief exec Carolyn.McCall@easyJet.com and customer services.

JPears

mr-b - its the same thing - whilst they have admitted liability, they are obfuscating the claim process, in effort to dissuade you.
You have made the right move with the NBA.