Flight delay and cancellation compensation, Easyjet ONLY

JPears

Exactly! My partner and I usually have a large case between us.
What if one passeneger had been a child or elderly/infirm.
I think EJ are on a very sticky wicket if it goes to court.

Del123001

JPears wrote: »

Exactly! My partner and I usually have a large case between us.
What if one passeneger had been a child or elderly/infirm.
I think EJ are on a very sticky wicket if it goes to court.

From what I understand JP, Easyjet will not put a child on standby. The taxi driver who drove us to Glasgow from Liverpool airport said that the day before he had taken a couple to Bristol airport with the same situation except they had actually been sat on the plane when they told them they couldn't fly. The reason being that another couple with a child who did not have seats could not be put on standby due to the child. They claimed that this couple were the last to check in before the family and therefore they could not fly!

Like I mentioned earlier the EU regulation states that in the first instance the airline should ask for volunteers not to fly (and receive compensation) and then if no one comes forward they can deny boarding but this does not seem to be happening.

I did phone Easyjet last week to see if they had actually received my claim form (I never received any kind of confirmation email). The woman said she wasn't able to tell as it was dealt with by a different team but said she would look into the claim and phone me back, but still waiting as yet.

Even if they refuse to pay for the second passenger we are definitely entitled to one lot of compensation but it seems that even getting that may take a while!

catnun

Hi,

On Wednesday I was lucky enough (not) to be at Lisbon airport when they were having fuelling issues. According to the Portuguese press both the main and the backup fuelling system had air put into it (not on purpose I assume) which cause the pumps to stop working.

My EasyJet flight to Luton was therefore delayed on departure for over 4h and a detour to Faro airport was necessary to fuel. This lead to an about 5h30min delay on arrival.

From my understanding EasyJet will try and get away with it because it wasn't their fault, however and because no vouchers were given all I was given food/drink wise was a snack and a soft drink. And there weren't enough sandwiches on board for all the passengers.

Now because instead of arriving at Luton at 6.30pm as planned I arrived at midnight I had to book a minicab to get me home (tube doesn't work all night and I don't live in central London so a train wouldn't have got me much closer) so have people been successful in claiming travel expenses back? And what's the best way to do it?

Many thanks in advance

Tyzap

Hi catnun,

Regarding additional claims for expenses, I suggest that using CEDR may be the best way forwards.

The following article is from the 'better enforcement' document which are Interpretative Guidelines on Regulation (EC) No 261/2004.

In any event, passengers who feel that they are entitled to have more of their expenses reimbursed or to obtain compensation for damage suffered as a result of a delay, including expenses, retain the right to base their claims on the provisions of the Montreal Convention, as well as Article 3 of Regulation (EC) No 2027/97 and to pursue the air carrier through a national court procedure or address themselves to the competent national enforcement body. In some Member States passengers may have to address themselves to alternative dispute resolution for consumer disputes entities (see paragraph 7.3 below).

Easyjet are members of CEDR, the ADR scheme. A read of the following article suggests that you can claim additional expenses, as well as a disputed flight delay claim, under EC261/2004.

https://www.cedr.com/aviation/docslib/11-cedr-aviation-adjudication-scheme-rules-3rd-edition-final.pdf?v=1490975067

Also try putting your flight details into an online flight delay checker to see if you are also due EC261/2004 delay compensation and read Vaubans guide, just Google it.

Good luck.

Laurajoanne1979

Hello can anyone advise please. I applied for compensation for an 8 hour delayed flight. I applied 2 months before the 6 year deadline and heard nothing back, even though I know it was definitely received by them. Then suddenly 1 week after the 6 year deadline they say my claim is unsuccessful as it's too late. Apparently if it's filed with the court after 6 years then it's too late. I feel like they have deliberately left it late. Thanks for any advice :-)

Caz3121

Laurajoanne1979 wrote: »

Hello can anyone advise please. I applied for compensation for an 8 hour delayed flight. I applied 2 months before the 6 year deadline and heard nothing back, even though I know it was definitely received by them. Then suddenly 1 week after the 6 year deadline they say my claim is unsuccessful as it's too late. Apparently if it's filed with the court after 6 years then it's too late. I feel like they have deliberately left it late. Thanks for any advice :-)

that is correct...you need to have commenced court proceedings within 6 years of the flight date. When you heard nothing back within a couple of weeks, you should have quickly issued a NBA, given a deadline for response and then started court proceedings. Having left it so late, most airlines would let it drag over the 6 years so it is timed out
Shame you didn't post on here earlier

Tyzap

Laurajoanne1979 wrote: »

Hello can anyone advise please. I applied for compensation for an 8 hour delayed flight. I applied 2 months before the 6 year deadline and heard nothing back, even though I know it was definitely received by them. Then suddenly 1 week after the 6 year deadline they say my claim is unsuccessful as it's too late. Apparently if it's filed with the court after 6 years then it's too late. I feel like they have deliberately left it late. Thanks for any advice :-)

Hi Laurajoanne1979,

I'm sorry :(to say that in reality you left it 5 years and 10 months too late.

Had you started your litigation within the 6 limitation period, in England, Wales and NI, then they would still have a case to answer. Unfortunately the airlines are masters of timing claimants out.

There really isn't anything you can do now except remembering for the future.

Ganga

Laurajoanne1979 wrote: »

Hello can anyone advise please. I applied for compensation for an 8 hour delayed flight. I applied 2 months before the 6 year deadline and heard nothing back, even though I know it was definitely received by them. Then suddenly 1 week after the 6 year deadline they say my claim is unsuccessful as it's too late. Apparently if it's filed with the court after 6 years then it's too late. I feel like they have deliberately left it late. Thanks for any advice :-)

You also left it late.

Laurajoanne1979

Not sure how to copy quotes into this thread. New to this :-).

I know everyone has said I left it too late but I didn't even know that compensation for delayed flights was a 'thing'. It's only because I heard it advertised on the radio just before I applied. Also as a person with no legal knowledge of how any of this works, I thought as long as I made the initial application (through the Resolver website) before the 6 years, I thought I would be ok. Nowhere does it say that it has to be filed in court before this time. I think the whole thing is very unfair, and the fact that the airline has dragged this out to over the 6 year mark is very sneeky of them. We were stuck in Manchester airport for over 10 hours in total with a severely autistic child who got very stressed out, we lost the first day of our holiday and all we got was vouchers for lunch. We weren't even offered a room in the airport where we could take our child to get out of her wheelchair and have time out in a secure room. The whole process was awful :-(

legal_magpie

The time limits have noting to with the airlines. They apply to all Court cases, not just airline claims. Some limits are less, especially personal injury claims which is 3 years.