Flight delay and cancellation compensation, Easyjet ONLY

VoteForPedro

Their reply

Thank you for your e-mail, and I'm sorry to hear that you are not satisfied with our resolution.

Further to the e-mail you have received from myself in our Executive Support team, I can confirm that your flight EZY 7104 was cancelled due to adverse weather and Air Traffic Control delays, which have consequently pushed the crew out of their operating hours. As the circumstances which led to the cancellation are deemed extraordinary, there is no EU compensation payable under regulation EC/261/2004.

The weather conditions at the time led to inevitable and unavoidable delays – this had a consequential adverse effect on crew hours who are unable to exceed their maximum duty hours pursuant to CAP371 (Avoidance of Fatigue in Aircrews) as governed by the Civil Aviation Authority.

In April 2013, the European Commission published a list of circumstances (NEB Guidelines) which it considers are "likely to constitute extraordinary circumstances for the purposes of the Regulation". Items 10 and 12 of the NEB Guidelines provide the following examples:

Conditions and events incompatible with the safe operation of the flight. These conditions and events may be forecast to arise at either the airport of departure, the airport of arrival or along the intended flight path of the aircraft.
Conditions and events resulting in capacity restrictions at either the airport of arrival or the airport of departure.

This has been supported by the Civil Aviation Authority who have endorsed the NEB Guidelines with its own updated list published in March 2016. Items 10 and 12 are reflected within the same CAA List. For the avoidance of doubt, the root cause of the cancellation of your flight is due to the adverse weather conditions which we would maintain is an extraordinary circumstance.

As you are not satisfied with our resolution, you are welcome to contact an Alternative Dispute Resolution (ADR) supplier. The Centre for Effective Dispute Resolution (CEDR) is approved by the CAA to provide dispute resolution services and an independent view of your complaint under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015. CEDR can be contacted at the below address:

Centre for Effective Dispute Resolution
70 Fleet St - London - EC4Y

You will need to refer your complaint to CEDR within 12 months of this letter.
As a consumer you may use the European Commission's online dispute resolution platform to submit your complaint if you wish. This can be done by completing the electronic form available via this link:
We apologise for any inconvenience caused to you, but please feel assured we have done all we can to investigate this matter. This e-mail will be our final response, and we cannot engage in any further communication regarding your claim.





We fully respect any decisions you make regarding onward referral.

JPears

Did the weather actually affect your flight directly?
If not, that extensive wordage/bovine excrement is irrelevant.
If the weather affected the previous flight, go to CEDR.

Tyzap

Hi VFP,

Take your case to CEDR, as suggested, and inform them that the thunderstorms caused a 'knock on' delay to your flight which was not directly affected by them.

Refer them to the Finnair v Timy Lassooy case in support of your case.

Good luck.

Essrxgirl72

Hi All

Need a bit of advise.

On 22nd September our flight from Malaga to Gatwick was delayed. It was originally due to depart at 23:50 (EZY8616) on the way to the airport we where notified it was delayed but told to still arrive as if it wasn't, which we did. During the next few hours the flight was delayed further and where then given €4.50 each for refreshments.

At approx 01:00 we were notified by text that the flight would be delayed to 16:00 on the 23rd September (the flight number for this was changed to EZY9616) and where taken out of the departure area to the Easyjet desk. Eventually when a manager appeared it was explained that they where trying to get us overnight accommodation but not having much luck and would only be able to get families and those with special needs into hotels. At 02:30 we where advised by text and by the manager/staff that they could not find us anything and if we would have to stay at the airport (unless we could find our own accommodation - which we tried to and couldn't) we asked if they would be able to provide us with blankets/somewhere more comfortable to sleep which they couldn't . We where then given a €15 card to purchase food/drinks.
I was made aware of a BA flight to London City departing at 06:00 by other passengers and asked the Easyjet staff if I booked this flight home would I be able to still claim compensation which they said I would, I asked 3 different staff members. As we had not been provided with anywhere to sleep and with the prospect of spending another 14 hours at the airport and with the reassurance of the Easyjet staff I booked the BA flight home.

I put in my compensation claim but have received a response from Easyjet saying that I am not entitled to compensation as I did not board the rescheduled flight.

What should I do now? Am I entitled to compensation or are they trying to fob me off? I have read Vauban's Guide but couldn't find anything in relation to my case.
Should I go back to Easyjet and argue the case or take to CEDR?

legal_magpie

Do you know the names of any of the staff members you spoke to. Even if you don't I would sue EasyJet anyway. You acted entirely reasonably.

Lovetotravel

I submitted a claim on 10 August, which was accepted and I'm STILL waiting for the payment. I've been in touch with them twice over the past couple of months and they just say sorry and it will be 15 more working days.

Has this happened to anyone else?

JPears

Lovetotravel wrote: »

I submitted a claim on 10 August, which was accepted and I'm STILL waiting for the payment. I've been in touch with them twice over the past couple of months and they just say sorry and it will be 15 more working days.

Has this happened to anyone else?

Send an NBA stating you will commence legal action for recovery of money owed unless payment is received within 14 days.

legal_magpie

Agreed. The longer you give them, the longer they'll take. Remember Parkinson's Law. "Work expands so as to fill the time available for its completion"

twinkle007_2

Hi

I wondered if anyone could advise which sources airlines use to determine length of delay please?

I flew with Easyjet on EZY1923 on 24/09/17 from MAN to Malaga. Our flight took off over 3.5 hours late and landed at 14:00. Our scheduled arrival time was 11:00. Different websites give different landing times.

Thanks in anticipation

JPears

They will use whatever source is convenient to them.
The actual time of arrival is when the doors of the aircraft open.