Flight delay and cancellation compensation, Easyjet ONLY

richardw

E mail easyJet and ask them.

gabbyanny

Hiya, I travelled from liverpool to Palma in June 2007 together with friends and our children, we where delayed in liverpool for over 4 hours, should I claim? Also do you think it is better to email or send a letter to easyjet?

Thanks

maghater

Arthien wrote: »

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

If they cancel the flight at short notice you are entitled to compensation article 5 c, unless they claim ec. I would contact them again an point out that they cancelled the flight

Ich_2

I therefore decided that the only alternative was to book a flight from Heathrow to Grenoble with Ryanair for the following day.

I find that interesting as Ryanair do not and never have flown from Heathrow. Your memory seems a bit vague

Arthien

Ich wrote: »

I find that interesting as Ryanair do not and never have flown from Heathrow. Your memory seems a bit vague

Oh ok, well it must have been Stansted then. My partner booked the replacement flight so I couldn't check the details in my old emails before I posted.

I only noted in my post that I ended up flying with Ryanair because the Easyjet email seemed to imply that I was not entitled to compensation because I 'chose not to travel' with them. Now, that is true, in that I made alternative flight arrangements and requested a refund from Easyjet, but the reason for doing so was that they forced me to by cancelling my flight and not offering me an alternative.

I think I will respond to their email by letter, pointing out that the flight was actually cancelled, not just delayed, and see where that gets me. Thanks for the advice, particularly Maghater, it's much appreciated!

richardw

Ich wrote: »

I find that interesting as Ryanair do not and never have flown from Heathrow...

I think they did operate some flights for BA during a BA strike from LHR.

Annieddiva

sallysaver wrote: »

For the booking reference you will have to telephone 0843-104-5000 - sally

:j
A huge thank you to Sally as Easyjet were asking for our booking reference, if you also give them your email address they will send a copy of the booking reference to you too! We were delayed by over 16 hours from Sharm El Sheikh in July 2010, my OH and I have differing views on the reason for the delay tee hee, but have submitted our claim anyway and await to hear back....

Annieddiva

Got a dear John but at least we tried for a 16 hour delay..:(
Easyjets response if any of their reply is helpful to anyone else...
Unfortunately, there are sometimes occasions when we cannot operate our flights as scheduled, for example during disruption caused by Air Traffic Control, which is what happened in your case.

Situations such as these are considered ‘extraordinary circumstances’ under our Terms and Conditions, as well as under European Union laws, which means the action taken by Air Traffic Control was outside our reasonable control. For this reason, I'm afraid we cannot offer you any compensation.

Thank you for taking the time to get in contact with me and let me apologise again for the inconvenience. I hope this experience will not deter you from using our services.

As you will remember from our Terms and Conditions, when your flight is delayed for more than one hour beyond its scheduled departure time, if you do not wish to travel on the delayed flight you can choose a free re-route on the next available easyJet flight or you can cancel your seat and receive a credit for future flights with us.

According to European Law (EC Regulation 261/2004), you may be entitled to compensation if your flight was cancelled or you were not allowed to board your flight. Compensation does not apply to delays, as was the case with your flight.

You mentioned the preliminary ruling (Sturgeon v Condor & Böck v Air France SA) which was only heard by the Fourth Chamber of the ECJ. In our view this preliminary ruling has only served to confuse an otherwise clear piece of legislation. Furthermore, a preliminary ruling is not afforded the status of binding authority on anything other than the case to which it refers. We are currently seeking to clarify this issue through the courts.

In addition, even if the Sturgeon ruling was upheld, the reason for the delay was <enter reason> which, as this is classed under European Law as an 'extraordinary circumstance' outside our reasonable control, means that for all these reasons, I'm afraid we cannot offer you any compensation. I apologise again for the inconvenience caused and I understand how frustrating it must have been for you

Once again I apologise for the inconvenience caused to you. I hope this experience will not deter you from using our services.

Regards


easyJet Customer Services

blondmark

Annieddiva wrote: »

Got a dear John but at least we tried for a 16 hour delay..:(
Easyjets response if any of their reply is helpful to anyone else...
Unfortunately, there are sometimes occasions when we cannot operate our flights as scheduled, for example during disruption caused by Air Traffic Control, which is what happened in your case.

Situations such as these are considered ‘extraordinary circumstances’ under our Terms and Conditions, as well as under European Union laws, which means the action taken by Air Traffic Control was outside our reasonable control. For this reason, I'm afraid we cannot offer you any compensation.

Thank you for taking the time to get in contact with me and let me apologise again for the inconvenience. I hope this experience will not deter you from using our services.

As you will remember from our Terms and Conditions, when your flight is delayed for more than one hour beyond its scheduled departure time, if you do not wish to travel on the delayed flight you can choose a free re-route on the next available easyJet flight or you can cancel your seat and receive a credit for future flights with us.

According to European Law (EC Regulation 261/2004), you may be entitled to compensation if your flight was cancelled or you were not allowed to board your flight. Compensation does not apply to delays, as was the case with your flight.

You mentioned the preliminary ruling (Sturgeon v Condor & Böck v Air France SA) which was only heard by the Fourth Chamber of the ECJ. In our view this preliminary ruling has only served to confuse an otherwise clear piece of legislation. Furthermore, a preliminary ruling is not afforded the status of binding authority on anything other than the case to which it refers. We are currently seeking to clarify this issue through the courts.

In addition, even if the Sturgeon ruling was upheld, the reason for the delay was <enter reason> which, as this is classed under European Law as an 'extraordinary circumstance' outside our reasonable control, means that for all these reasons, I'm afraid we cannot offer you any compensation. I apologise again for the inconvenience caused and I understand how frustrating it must have been for you

Once again I apologise for the inconvenience caused to you. I hope this experience will not deter you from using our services.

Regards


easyJet Customer Services

"... the reason for the delay was <enter reason>" ... and I thought Ryanair was lax! :rotfl:

Oh puhleeese! It beggars belief that these fraudsters are still churning out that hopeless three and a half year old argument that they're not liable for delays of 3 hours + because they don't accept the Sturgeon judgment from the Fourth Chamber.

Well Easyjet, if you didn't like what the Fourth Chamber had to say about delays, get a load of THIS from the Grand Chamber.

Is that binding enough for you?

Ich_2

the reason for the delay was <enter reason>"

.

First paragraph

Unfortunately, there are sometimes occasions when we cannot operate our flights as scheduled, for example during disruption caused by Air Traffic Control, which is what happened in your case.

Tch, tch
They'd already given the reason