Flight delay and cancellation compensation, Easyjet ONLY

Tyzap

Hi RibZed,

I believe that EJ are just trying it on.

I've not come across this exact scenario before, although all the airline do try on to some degree or another.

It sounds to me like your claim is reasonable, thus no reason for EJ to try to reduce it for being way OTT. No airline can set fixed amounts for meals, hotels or any other expenses as there is no agreement with the regulators. If you have receipts for x amount, then EJ should pay x amount, to the penny.

Any repayment inconsistencies between your three sets of receipts will only assist the adjudication process, be that CEDR or MCOL.

As to which route to go down, I would be inclined to use CEDR because it only costs £25 if you lose your case, nothing if you win, it's also a quicker process. They are very experienced in this type of adjudication and I'm pretty confident that they would find in you favour. You can also include your additional car parking costs to your list, from what I understand. The choice is ultimately yours tho.

Good luck.

RibZed

Hi Tyzap

Thank you for the very comprehensive response - really helpful. CEDR does sound like a quicker route so I’m inclined to head down that one. I’ll post an update once it’s done!

Thanks again

Rich

JPears

If CEDR fails you, then you can have another bite at the cherry via MCOL.

KPF

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?

I feel your pain. Been waiting a few weeks less than you, but they owe me £648! Cancelled flight at last minute, no assistance at airport, switched off 'chat' facility on website, didn't answer calls/reply to tweets. Left me (single female) stranded. Had to find & pay for my own way back to UK, which involved trains, taxis and planes (with another airline, I hasten to add). Easyjet have acknowledged part of my claim and emailed 4 weeks ago to say they were paying me within 15 days... not a penny, and now no reply to any email I send their Customer Services. Have now sent them an email saying unless I get the money in my account in 14 days I will start court proceedings.

What makes me even angrier is I'm on one of their 'Customer Service' panels (which I do for free, in my own time), and they haven't bothered answering me on that... so yeah, that's how much of a crap they give about their loyal customers.

So I've also just voted with my wallet: had a choice of Easyjet and another airline for a flight in December. Booked with the other airline. Won't fly with Easyjet again unless I have to :x

Tyzap

Hi KPF,

Yet another lamentable passenger experience with EJ.

A while ago I stated that this summer, EJ were winning the race to the bottom with their poor customer service. Nothing has changed my mind since. They are a shambles and don't give two hoots for their paying customers.

Someone at EJ really needs to get a grip on things.

If I were you I would issue them with a LBA, rather than give them another two weeks to hold your money, they've had enough time already! See Vaubans guide for details if required.

They are avid readers of this forum so don't give them another inch.

Good luck.

Gorie

Please can anyone advise me / help regarding my two cases with CEDR both for EasyJet delays (discussed in Earlier postings).

I submitted both claims around the same time and have received emails from CEDR about the airline’s filed defence for both cases. I have no legal experience so reading their 50 page defences full of jargon and case law was quite hard going. I have tried to summarise their defences below:

Case / Flight 1 EZY8340 Toulouse to Gatwick on 9th July:

I was delayed 24 hours as flight was cancelled and I was rebooked a day later on the same flight. I was Initially informed this cancellation was due to natural disaster but in their submitted defence to CEDR it states:

“Throughout the Flight Date, the Aircraft (G-EZBI) had been subject to Air Traffic Control (ATC) delays at LGW (the final airport of arrival) caused by poor weather, which in turn caused crew to not be able to operate into their days off”.

I cannot find evidence of this adverse weather at the time of my flight – but am not sure how to check?

Flight 2 / Case 2: EZY1842 from HAM to MCR on 16 July.

Easyjet claim extra-ordinary circumstances which, in their defence document, boil down to the aircraft they intended to use being delayed on preceding flights.

I.e. it was delayed at Catania (Sicily) due to adverse weather and was diverted to Malta. At some point chocks were not removed and the plane tried to move and then needed to be checked by engineers also. These events – all in the morning - lead to a whole day knock on delay (missed slots etc…) which delayed our evening flight.

Not quite sure how to respond to this one? Other than with the above case for knock on delays.



Any help with what to submit in my defence would be greatly appreciated. It seems both were knock on delays from earlier flights.

I have read section 4.6 in Vaubans guide over and over about knock on's and am not quite sure how to reference Wallentin.

Tyzap

Hi Gorie,

No need to lose sleep over this, 2.42am!!!:)

They must be throwing up a lot of waffle, if there are 50 pages of defence documents. On the face of it it looks very weak tho.

I'll put a few ideas together asap.

Good luck.

Tyzap

Hi Gorie,

Neither of their defences stand up to scrutiny. The reasons they have given to you are not valid excuses, under the 261/2004 regulations, to exempt them from paying compensation for your two delayed flights.

Case / Flight 1 EZY8340 Toulouse to Gatwick on 9th July:

The aircraft due to operate this flight (G-EZBI) was used on the previous rotation to Toulouse (TLS), just prior to yours. It departed Gatwick (LGW) roughly on time but was then delayed on the ground at TLS during the turn around, for 2h36m. This seems to be where most of the delay originated from. As a result it arrived back at LGW late, around 19.00 UTC. The aircraft appears to have then been unused until it departed to Italy at 06.06 UTC the following morning.

This must have caused the crew to face going out of hours if they operated the next flight (8339) to TLS.

Even tho LGW is EJ’s largest base by far, where they should have a full range of backup crews available, they decided not to operate flight EZY8339 to TLS and EZY8340 back to LGW, an operational decision (not an EC).

There were probably a few incidents during the day that caused small delays to accumulate and then 2h36m at TLS which sealed your fate. I did not see any ATC delays at LGW during that afternoon. You could ask CEDR to request proof from EJ about these claims which had nothing to do with your flight, just to prove their indiscretion and further discredit their claim.

The reason your flight did not operate was due to knock on delays (not an Extraordinary Circumstance (EC)) and EJ not having a standby crew available (also not an EC).

To sum up, your flight was cancelled due to operation reasons, which is not an Extraordinary Circumstance, compensation is due and I’m confident CEDR will agree.

Flight 2 / Case 2: EZY1842 from HAM to MCR on 16 July.

This one is more simple, although similar to above. Prior delays (knock on’s) to the aircraft, for the given reasons of weather and engineering checks, do not constitute an EC. It is not a valid excuse for EJ to refuse compensation. Again, I believe that CEDR will agree. Time will tell!

I don’t think you need to go into too much detail, such as quoting case law etc for a CEDR adjudication, as the adjudicators will be pretty knowledgable in this area, plus this is not the same procedure as followed by a court of law. EJ say it’s an EC and you say it’s not, the adjudicator uses his knowledge and experience to decide who is right.

The CEDR rules can be found here…
https://www.cedr.com/aviation/docslib/11-cedr-aviation-adjudication-scheme-rules-3rd-edition-final.pdf?v=1490975067

EJ will be monitoring this forum and will get a heads up on any advice you receive. I don’t believe that will hinder you tho, and may even help to bring about an early settlement.

Best of luck.

JPears

Yeah EJ, read the forum, admit defeat and stop dicking this passenger around.

legal_magpie

Put so eloquently as always but spot on.