Flight delay and cancellation compensation, Easyjet ONLY

Arthien

Hello, long-time lurker here, hoping someone can advise me.

I was on an Easyjet flight from Gatwick to Lyon in March 2010, which was cancelled. I was not offered an alternative flight at the time, as there were no staff members around for the majority of the time I was waiting, and when a staff member did appear I was informed that the Easyjet flights for the next day or so were fully booked. I therefore decided that the only alternative was to book a flight from Heathrow to Grenoble with Ryanair for the following day.

I followed the MSE guideline letter for a cancelled flight and have recently received a response from Easyjet via email:

Dear Arthien,

Thank you for your letter.

With regards to your claim for compensation for the delayed flight XXX, your right to compensation for the delay has been declined.

Unlike the right to compensation for flights which are cancelled, the judgment of the court was that a passenger has a right to compensation “where they suffer, on account of a flight delay, a loss of time equal to or in excess of three hours, that is, where they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier”, laid down in Article 7 of the Regulation. Therefore, according to the European Court of Justice, a passenger must reach their final destination in excess of 3 hours after the scheduled time of arrival to be entitled to compensation.

In your case you chose not to travel on the delayed flight and chose instead to receive a reimbursement for the flight. Since you did not travel on the delayed flight, you did not arrive at your final destination in excess of 3 hours or suffer the loss of time in excess of 3 hours which would have entitled you to the compensation requested.

In light of the above, easyJet is unable to offer compensation for the disruption to your flight on this occasion.

Yours sincerely


I don't really understand why they are saying that my right to compensation has been declined due to the delay not being over 3 hours, as the flight was actually cancelled, not just delayed. It seems to me like they've not really read my letter at all! Do I have a leg to stand on here, or should I just let it go? Any advice would be greatly appreciated.

Arthien

M0neysav3r

Hiya

Just jumping on here as watched Martin on tv mentioning flight compensation which I had no idea existed!

We had a flight delayed for 7 hours in 2010 due to a fault with the plane, we were set to take off and heard a noise, all passengers off whilst they tried to fix and then told the plane couldn't be fixed and had to wait for another plane to fly down from somewhere up north..... Not great when you have a 3 year old and its their first ever flight!!

I have no idea on the actual date we travelled, flight number or proof of purchase etc, where do I go for this? It's not on 'my booking' on their website.

Any help gladly appreciated.

richardw

M0neysav3r wrote: »

...I have no idea on the actual date we travelled, flight number....

Martin mentioned a useful website.

M0neysav3r

Errrr......Thanks, I have done that!

richardw

Have you searched that website https://www.flightstats.co.uk to see if you recognise your flight?

M0neysav3r

The site was down when I tried it before, but just tried it again and found the flight details
Do I now just contact them, the website doesn't give any details on why the 7 hour+ delay though.

richardw

Yes, contact easyJet.

silentkiller

I think I have a good claim. However I have a huge problem. I travelled in a party of 2, but we do not speak anymore due to rifts that left our friendship in tatters. She paid the tour group we went through and I withdraw money to pay to her.

I think this is going to be a big obstacle to me.

Am I right?

blondmark

silentkiller wrote: »

I think I have a good claim. However I have a huge problem. I travelled in a party of 2, but we do not speak anymore due to rifts that left our friendship in tatters. She paid the tour group we went through and I withdraw money to pay to her.

I think this is going to be a big obstacle to me.

Am I right?

The Regulation merely requires that your seat is paid for, but it makes no difference who paid it or under what circumstances. So go ahead and claim.

Cazzyp_2

Hi
I booked return flight to Heraklion Crete for 10 family members in June 2011.
How can I find out what caused the delay?
I have checked on Flightstats.com, It says the plane was delayed 200mins but no other information was given.
Flight number EZY8774 on the 28th June 2011 just in case anyone else on this blog was on the flight.
Thank you.
Carol