Flight delay and cancellation compensation, Easyjet ONLY

Tyzap

Hi yelyahm91,

To double check your eligibility for compensation you could enter your details into a couple of online flight delay checkers such as this one at Botts...

https://www.bottonline.co.uk/flight-delay-compensation/calculator

Others are available.

I cannot fathom your link to the EJ doc, but that may be just me!

Good luck.

Del123001

Hi,

My mum and I fell foul of Easyjet's overbooking policy a couple of weeks ago. We were on stand by at the gate and after everyone else had boarding the gate staff told us there was one seat available and asked if one of us wanted to fly. At this point we did not know when the other of us would be able to fly so declined as we didn't really want to holiday on our own! Later they informed us that as one of us could have boarded, Easyjet will only pay compensation to one person.
In my view this is wrong as I made the booking for two people together and Easyjet were not able to fulfil that booking so should pay compensation for both people.
I have filled out their online claim form and put down that I was claiming for both of us and am now waiting for them to get back to me, however I already know that they will refuse to pay.
Has anyone had any experience of this please?

Also I should have added - Easyjet state on their website that in the case of overbooking they follow EU regulations and ask for volunteers not to fly in the first instance. This did not happen as we just told when we arrived at the airport to check in (online check in wouldn't work) that we didn't have a seat. Is this any kind of come back to them?

Thanks

JPears

Del - agree with you entirely. When you make a booking with an airline for 2 people, it is invariably because those 2 people (or more) want and indeed, need to travel together.
Why had they chosen you to be on stand by? Were you actually booked previously, or purchased the tickets on a "standby basis"?

CarlBateman

We used Bott & Co on a no-win, no-fee basis.

Despite the captain stating that we would be entitled to compensation at the time of the flight cancellation, Bott & Co determined it unlikely that they would be successful in recovering compensation as the flight was affected by an Air Traffic Management Decision and in their opinion a court is likely to consider this to be an extraordinary circumstance.

Would it be worthwhile making an appeal to the CAA/other body?

TIA
Carl Bateman

Vauban

CarlBateman wrote: »

We used Bott & Co on a no-win, no-fee basis.

Despite the captain stating that we would be entitled to compensation at the time of the flight cancellation, Bott & Co determined it unlikely that they would be successful in recovering compensation as the flight was affected by an Air Traffic Management Decision and in their opinion a court is likely to consider this to be an extraordinary circumstance.

Would it be worthwhile making an appeal to the CAA/other body?

TIA
Carl Bateman

You're not "appealing" - all that's happened is that a (good) NWNF lawyer has said that they don't want to take the risk of your claim on. This might be because you don't really have a case or because your case is 50/50 - or just too difficult for the relatively small fee the lawyer will make. I've no idea.

Options? Write to the CAA by all means, but they can only offer a non binding opinion. Or take it to court yourself - plenty of people do it successfully, if you put in the effort. Or see if another NWNF lawyer company will take it on. Or chalk up to experience and walk away.

227Glenshane

Hi Guys,
Was on a flight with Easyjet which was delayed due to a medical emergency on a flight earlier that day around 8am I think - because of that there was a knock on effect and my flight at 3pm was delayed until 7pm
Filled in the easyjet compensation form and they sent back the following - as you can see the first line and the rest of the response are at odds!!
"We’ve reviewed your claim and are pleased to say that you are eligible for EU261 Compensation.

We can confirm that your flight from Liverpool (LPL) to Belfast Intl (BFS) was delayed by 3hours and 55minutes due to a Medical Emergency.

Compensation is only payable when the delay is within our control, a technical fault with an aircraft would be an example.

When delays are not within our control they’re classified under EU law as ‘extraordinary circumstances’. An example of this would be air traffic control strikes or bad weather.

As your flight delay was caused by a Medical Emergency, this is an extraordinary circumstance, so unfortunately you are not eligible for compensation under article 7 of EU261/2004.

Once again we’re sorry for the delay of your flight but hope to welcome you on board again soon."
Any advice please??
Thank you

bspm

227Glenshane wrote: »

Hi Guys,
Was on a flight with Easyjet which was delayed due to a medical emergency on a flight earlier that day around 8am I think - because of that there was a knock on effect and my flight at 3pm was delayed until 7pm
Filled in the easyjet compensation form and they sent back the following - as you can see the first line and the rest of the response are at odds!!
"We’ve reviewed your claim and are pleased to say that you are eligible for EU261 Compensation.

We can confirm that your flight from Liverpool (LPL) to Belfast Intl (BFS) was delayed by 3hours and 55minutes due to a Medical Emergency.

Compensation is only payable when the delay is within our control, a technical fault with an aircraft would be an example.

When delays are not within our control they’re classified under EU law as ‘extraordinary circumstances’. An example of this would be air traffic control strikes or bad weather.

As your flight delay was caused by a Medical Emergency, this is an extraordinary circumstance, so unfortunately you are not eligible for compensation under article 7 of EU261/2004.

Once again we’re sorry for the delay of your flight but hope to welcome you on board again soon."
Any advice please??
Thank you

What the first line is saying is, yes, you are entitled to compensation as your flight was indeed delayed over the required time to justify a compensation payment.

They then go on to explain why your flight was delayed, even though you knew why.

Airlines don't have to accept every claim and they can turn them down if 'extraordinary circumstances' apply. However if this is the case, the airline still has a duty of care to passengers.

The rules state that airlines must provide passengers with accommodation, meals and refreshments and transport between the airport and accommodation. Airlines are breaking the rules if they shirk this obligation, this does not appear to be the case with you as the delay did not mean you incurred any extra charges at point of travel? If the delay caused you more costs on arrival, late landing extra parking etc then you might be able to ask them to address those costs.

The crucial part of this is that it says 'which could not have been avoided even if all reasonable measures had been taken'. I don't see how they could have possibly known there was going to be a medical emergency.

richardw

Please re-post on the easyJet thread, where you may get more interesting responses.

yelyahm91

Hi Tyzap

Thanks for your suggestion, I had already checked with Bott before discussing my claim with easyjet customer services but if I don't get anywhere I think I'll have to use them as a last resort.

Sorry about the link you should be able to copy and paste it into your browser to take you to dropbox. I had to shorten it as it was so long lol

fifeken

Tyzap wrote: »

I cannot fathom your link to the EJ doc, but that may be just me!

Try this:

https://www.dropbox.com/s/zw7i11rkf1m1w2e/CEDR%20No.%20521755%20-%20May%20v%20easyJet%20Airline%20Company%20Limited.%20Respondent%27s%20submissions.pdf?dl=0