Flight delay and cancellation compensation, Easyjet ONLY

Tyzap

tdw197 wrote: »

I had a flight cancelled on Monday last week and EasyJet have termed the reason 'extraordinary' before I take it further I just wanted to check whether this is the case.

The plane I was taking (MAN to BSL) was scheduled earlier in the day to land in Malta, it was diverted to to Catania due to a fire in Malta. From there it went back to MAN then to Amsterdam and back to MAN to pick me up for Basel. Because of the diversion the plane was 3 hours late, which meant it wouldn;t get into Basel until 00.15 - Basel airport closes at 00.00, so after getting us all on the plane Easjet promptly cancelled the flight.

The initial reponse I got from Easyjet is:

Having looked at the details of your flight EZY1811, I can confirm that the reason for your disruption was due to ARP System or Runway Closure or Curfew.

This event is classified as ""extraordinary"" under EC Regulation 261/2004 because it was outside of our control. This means that in this instance there is no compensation payable.


IMO the cancellation of my flight was due to a scheduled closure of an airport, so not extraordinary - do people agree, before I take it further?

Hi,

No, that is not 'extraordinary' they are just trying to confuse you and put you off. It was the 'knock on' from an earlier delay that affected your flight. You have a valid claim so follow Vaubans guide for lots of advice and tips on how to proceed.

The only valid reason for EJ to avoid paying you compensation is if the delay was caused by an 'Extraordinary Circumstance', but this case does not fall under that category. They are just being mischievous, well what do you expect at this time of the year

Good luck.

tdw197

Tyzap wrote: »

Hi,

No, that is not 'extraordinary' they are just trying to confuse you and put you off. It was the 'knock on' from an earlier delay that affected your flight. You have a valid claim so follow Vaubans guide for lots of advice and tips on how to proceed.

The only valid reason for EJ to avoid paying you compensation is if the delay was caused by an 'Extraordinary Circumstance', but this case does not fall under that category. They are just being mischievous, well what do you expect at this time of the year

Good luck.

Thanks, I thought so, but wondered if the fire was 'extraordinary' even when it was a couple of flights before.

Have found the guide and will follow it through.

Basingstoke_Betty

Basingstoke_Betty wrote: »

Hi,
I'll try to keep this brief starting with steps taken so far....

Delay of over 4 hours on European flight this summer due to knock on effect following bird strike to the plane on a previous journey.
Easyjet denied compensation via their own process.
I issued NBA - I have proof of receipt - they didn't respond.
I issued MCOL - they are defending.


I used Vauban's guide (thank you) to fill out MCOL form but did not include the names of all travellers or the flight number as there was limited wording.


Easyjet's defence is that I have not provided them with flight details so they cannot confirm I was on any flight (*apart from my CLAIM on their own system and the NBA*).
They claim that I have not provided proof of being a passenger.
They claim that it is down to me to prove I was on the flight (thankfully I have my boarding passes, the emails they sent us during the day to say that the flight was delayed, my booking references etc etc etc).
They claim that I cannot claim on behalf of my husband or children (locus standi?).
They claim that I cannot claim interest as this is not a damages case.


So now I have a very small form to complete which is basically two things: 1) do I want mediation and 2) do I agree it is small claims court?



But there is no process for me to provide all the evidence that I was on the flight etc....and they claim that they cannot investigate without further 'particularisation' from me...so here is my question:

How do I give them that information?

I don't want to go all the way to court only to be told by the judge that I didn't give them enough information to do their investigation. (Although they DO have enough as I have submitted both a claim via their website - which they rejected by email and which I have a copy of).

Not sure if I should tick mediation box as that gives me a chance to let them know that I DO have proof that we flew.



Also, how do I prove that I can speak on behalf of my whole party?


so, I've tried to be to the point here - advice very gratefully received.

Hello,

So I am now well into the MCOL process. Easyjet have filed a defence and I have completed the 'small claims track form'. I have ticked mediation too. On the advice of MCOL I have submitted my supporting evidence (photocopies of boarding passes etc) to the court to go in my file and I have copied Easyjet in on this too (recorded delivery).

I got notice from the courts last week that they have transferred me to Liverpool County Court - I requested Basingstoke as that is my nearest. When I called to follow up and ask why so far from my home I was told that there is now an Airlines Team at the county court in Liverpool as there are so many claims - This makes me a little bit nervous. Has anyone challenged the location of the court on this forum? Does anyone have any gossip about why this Airlines team has been formed?

How many of these actually go to court?

Thanks,
BB

CarlBateman

I'm currently trying to get compensation for a cancelled flight back in June. First they dragged their feet responding to our initial claim then asked to complete a second claim and just last week responded with the following weaselly response.

I'm very sorry for any inconvenience we may have caused you following the disruption to your flight to Gatwick.

Our aim is to operate all our flights safely and on time. We do all we possibly can to minimise disruption but unfortunately on some occasions we're unable to keep to our schedule.

The compensation rules set by the EU clearly state that if the disruption is within our control you are entitled to compensation and if it considered 'extraordinary' then no compensation is payable.

Having looked at the details of your flight EZY5226, I can confirm that the reason for your disruption was due to Weather.

This event is classified as "extraordinary" under EC Regulation 261/2004 because it was outside of our control. This means that in this instance there is no compensation payable.

More information including your 'notice of rights' and the full policy is available on our website: >snip<

You may however qualify for a reimbursement of any reasonable expenses associated with the disruption because it was over 3 hours. If you haven't already claimed, please apply, including
copy receipts through our website at >snip<

Yes, they actually have stated that "WEATHER" constitutes EXTRAORDINARY CIRCUMSTANCES.

My initial response was as follows:

On boarding the delayed flight (EZY5226) we were informed that it had been initially delayed leaving Gatwick due to copious vomiting (confirmed by the wretched odour in the plane) and that departure from Valencia was cancelled due to the crew having reached their shift limit. Additionally, the captain, cabin crew and ground crew all assured us that we would be fully compensated for this avoidable delay.

I fail to see how this constitutes "Weather". Furthermore, weather conditions seemed ideal for flying and as no other flights appear to have been grounded I am again at a loss as to how "weather" grounded one lone flight.

Perhaps there was a highly localised vomit storm confined to the passenger compartment. This would, I grant you, constitute "extraordinary". However, I would expect to see such a newsworthy item prominently featured in newspapers and on televised news reports, but since no such reports were to be seen I can only assume that it was due more mundane (i.e. non-"extraordinary") matters (for example, multiple passengers engaging in a "chain chunder" which had to be cleaned up before departure from Gatwick).

Finally, "Weather" seems to be rather a vague term to have caused a delay, perhaps you could take time to explain how "weather" is "extraordinary" (it's quite common around these parts) and came to delay the flight.

I expect this matter to be addressed more appropriately by a senior member of your team and to have a response within the next 5 working days (i.e. 28 Oct 2016) or will feel compelled to take further action.

Unsurprisingly they're ignoring me.

I will be taking further action, my only concern is that they may be able to spin the "chain chunder" as passengers being taken ill, although I take that to be medically ill rather than just vomiting.

Also, is there anyway to penalise them for these delaying tactics? Either for lost interest on the final compensation paid or for admin fees for time wasted?

Additionally, we were not provided with overnight accommodation (250 passengers were sent to a hotel with 30 rooms). Since no receipts were issued how can I claim for that?

Many thanks

Basingstoke_Betty

Honestly, they aren't going to respond to you having refused your claim. I would just issue an NBA and settle in for the long haul of small claims court. They have a massive team of paralegals dealing with all this stuff and just want to wear you down - I don't think you'll get a response to your letter (no matter how witty it is!)

Justice13075

Put your flight details into one of the flight checker sites and see what they say but looking at your posting it would seem you are due compensation. Download and read Vaubans Guide and as stated above send them a letter before action all explained in the guide

JPears

Basingstoke_Betty wrote: »

Hello,

So I am now well into the MCOL process. Easyjet have filed a defence and I have completed the 'small claims track form'. I have ticked mediation too. On the advice of MCOL I have submitted my supporting evidence (photocopies of boarding passes etc) to the court to go in my file and I have copied Easyjet in on this too (recorded delivery).

I got notice from the courts last week that they have transferred me to Liverpool County Court - I requested Basingstoke as that is my nearest. When I called to follow up and ask why so far from my home I was told that there is now an Airlines Team at the county court in Liverpool as there are so many claims - This makes me a little bit nervous. Has anyone challenged the location of the court on this forum? Does anyone have any gossip about why this Airlines team has been formed?

How many of these actually go to court?

Thanks,
BB

Hopefully, it won't involve a trip to Liverpool. From what I remember I think you have a solid case and EJ may well settle before that. It could depend on how effective you were at collating and presenting your particulars/evidence?

Tyzap

Basingstoke_Betty wrote: »

Hello,

So I am now well into the MCOL process. Easyjet have filed a defence and I have completed the 'small claims track form'. I have ticked mediation too. On the advice of MCOL I have submitted my supporting evidence (photocopies of boarding passes etc) to the court to go in my file and I have copied Easyjet in on this too (recorded delivery).

I got notice from the courts last week that they have transferred me to Liverpool County Court - I requested Basingstoke as that is my nearest. When I called to follow up and ask why so far from my home I was told that there is now an Airlines Team at the county court in Liverpool as there are so many claims - This makes me a little bit nervous. Has anyone challenged the location of the court on this forum? Does anyone have any gossip about why this Airlines team has been formed?

How many of these actually go to court?

Thanks,
BB

Betty,

Further to the above post.

Liverpool is a centre of excellence for flight delay claims.

If I were you, I would be very happy that they will be dealing with your case, I doubt if EJ will too happy tho.

Don't ask for it to be moved unless you really cannot travel if you did have to appear.

Have confidence! I too doubt it will actually end up in a court hearing.

Good luck.

Forever_Red

Hi All
I have been reading with interest, as my Easyjet flight was delayed from Tenerife South to Manchester on 9th Aug 2016. This was delayed bang on 3 hours and according to Botts & Co website, I am eligible for compensation.

I submitted Easyjets claim form within a week of landing and it has taken until now for them to say that they will not be paying compensation due to it being delayed due to extraordinary circumstances. They say that the flight had to redirect due to an passenger requiring medical treatment.

Is this classed as an extraordinary circumstance?

Is that it for my claim or do I issue an NBA?

Thanks

Forever Red

JPears

Was your flight redirected due to the medical emergency? If not, EJ's claim of EC is usually incorrect.
If Bott say you are eligible, they are almost certainly correct. If you don't want the hassle let Bott take it on at no risk to you, but with their cut if sucessful.