Flight delay and cancellation compensation, Easyjet ONLY

Forever_Red

JPears wrote: »

Was your flight redirected due to the medical emergency? If not, EJ's claim of EC is usually incorrect.

No, my flight went straight to Manchester from Tenerife South. It was on either an earlier flight or on the flight that was coming into Tenerife to take us back to the UK.

Would it be worth issuing an NBA or would they stand by their decision?

JPears

If you are going to possibly take legal action then you will need to issue an NBA. They may give in or stand by their decision. Ultimately the final decision may require a judge to decide. But you would appear to have a valid claim.

Tyzap

Forever_Red wrote: »

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

Hi Forever Red,

If the flight out to you was diverted due to a medical emergency then I doubt you have a valid claim. However, the longer the period, prior to your flight, the diversion occurred the better.

The regs state that if the airlines claims that an 'Extraordinary Circumstance' exempts them from paying compensation they MUST show how and why this is so.

It's something all the airline are very reluctant to do, but they should inform you of the details surrounding the medical emergency. Without these basic details it's not clear if you do have a valid claim.

Even if it is accepted that an 'EC' did occur the airline must also show that it subsequently took all reasonable measures in order to mitigate the delay. See below....


e. Reasonable measures an air carrier can be expected to take in extraordinary circumstances
Whenever extraordinary circumstances arise an air carrier must, in order to be released from the obligation to pay compensation, show that it could not avoid them even if it had taken all reasonable measures to this effect.
Furthermore, the Court52 has found that under Article 5(3) of the Regulation, an air carrier can be required to organise its resources in good time so that it is possible to operate a programmed flight once the extraordinary circumstances have ceased, that is to say, during a certain period following the scheduled departure time. In particular, the air carrier should provide for a certain reserve time to allow it, if possible, to operate the flight in its entirety once the extraordinary circumstances have come to an end. Such reserve time is assessed on a case-by-case basis. However, Article 5(3) cannot be interpreted as requiring, as a ‘reasonable measure’, provision to be made, generally and without distinction, for a minimum reserve time applicable in the same way to all air carriers in all situations when extraordinary circumstances arise. In this regard available resources will generally be higher at the home base compared to outbound destinations thereby giving more possibilities to limit the impact of extraordinary circumstances. The assessment of the air carrier’s ability to operate the programmed flight in its entirety in the new conditions resulting from the occurrence of those circumstances must be carried out in such a way as to ensure that the length of the required reserve time does not result in the air carrier being led to make intolerable sacrifices in the light of the capacities of its undertaking at the relevant time.

Good luck.

EricTheOrange

Hi twd197,

We were on that flight, too, and got exactly the same response from easyJet. Have you taken it further? We are wondering what our next step should be. Apparently they use the CEDR arbitration service, but CEDR say that they won't do anything until we've had a final response letter from easyJet referring us to CEDR. Our email from easyJet certainly didn't do that! Completely unhelpful and uninformative, just like the one to you!

Thanks,
Eric

Forever_Red

Thanks JPears and Tyzap
I haven't received a documented refusal of compensation yet. I've had to ring them up on various occasions to find out what is happening. It was only today that they told me that I wouldn't be entitled to compensation.

It looks like my best, and easiest option, is to go through Botts & Co on a NWNF and let them fight my corner. They seem to know what they are doing and have the legal muscle and knowledge to take it to court if needed.

Any opinions?

Tyzap

Forever_Red wrote: »

Any opinions?

Bott and Co have won two cases for me and are market leader, they are also solicitors and not just a claims company, which is important.

Having said that, if and when EJ refuse your claim in writing they should refer you to CEDR who are an ADR company.

Read up about them before you decide. Search this thread or the BA thread for 'CEDR' to find how others have got on. It is a relatively new service tho so not a lot of track history.

Good luck whatever you decide.

Forever_Red

I've just spoken to the claims Dept at Bott & Co and gave them the information. They say that they the reason for the delay was due to the incoming flight being diverted to France for a medical emergency on board. this will be classed as an exceptional circmstance and wouldn't be eligible for compensation.

Oh well, it was worth a try. :sad:

Thanks for your replies and advice

Forever Red

JoPublic

Hello

We had a flight cancelled by Easyjet in 2009 for a family holiday, which I had booked a cruise only leg of the trip. Issue was as we should have flown Friday to sail on cruise on Sunday - Easyjet could not fly us direct to Barcelona until the Monday.
We took the decision to fly to France and get a train or bus to Barcelona on the Saturday instead.
Easyjet agreed to refund the costs of these alternative arrangements in 2009- both hotel and train fare. I had thought they paid for both back then.
When I logged for EU compensation for cancelled flight - using the email from back in 2009 as evidence they cancelled the flight, it was mentioned that the hotel payment appears outstanding.
I contacted my bank- they could not see a refund - Easyjet's finance department also agreed they could not evidence a payment was made and agreed to refund us now.

This was agreed in August this year. I was told a cheque would be with us in 21-30 days. I waited and no cheque was received. I contacted them and after two weeks - Easyjet said the requests for refunds were not reaching the finance team for over two months, which is why we didn't receive a cheque.
I agreed with Easyjet to have a bank transfer- 25th Oct, and was told it would be 5-7 before we received the funds.
We are still waiting.

Who can I complain to about this other than Easyjet? I don't have confidence that they are taking this seriously. I keep getting told different reasons why we haven't been paid, but only when I am chasing them.

Thanks in advance:mad:

edinburgers

Hi all,

I wonder if i could ask for some opinions regarding my claim for flight delay, It is with Easyjet and for a delay of 3hrs 9mins.
Now, the delay was caused because the ground staff that were fueling the plane drove the fueling truck away while the fueling hose was still connected to the plane thus causing damage to the fuel coupling on the plane and then waiting for the engineers to inspect/fix before we could depart.
Do people think that this would be classed as an exceptional circumstances ?.

I have made a claim and this was the reply i got from easyjet.

Dear *******,

I really do apologize on the misunderstanding and the inconvenience it has caused you.

I can confirm our systems show that your flight EZY6948 for booking Reference ******* was disrupted due to G-EZOL suffered ground damage in BJV - fuel coupling damaged by fuel truck. Operated to EDI after engineers' inspection. Which was delayed your flight for 3 hours and 9 minutes.

We can offer you compensation in a form of a flight voucher which will be valid for 6 months from the time it is issued, you may use it to reduce costs of a new booking and against cost of luggage and selecting seating.

You will need to call in to our friendly Customer service Team to use the flight voucher.

I hope this helps you and we will be looking forward to your reply.

What do you guys think?, do i have a claim for compensation money, or are easyjet just trying to pull a fast one by offering vouchers.

thanks.

PS: they dont even say how much the vouchers are worth . lol..

111KAB

edinburgers - delay over 3 hours .... not extraordinary circumstances .... compensation due.


Vauban's guide is your friend.


Enjoy your compensation.