Flight delay and cancellation compensation, Easyjet ONLY

JPears

The main causes of the delay appear to be weather and ATC so you might struggle with a claim.
However if Botts think you have a claim it might be worth going with them even though it will cost you a considerable % of any payout.

jpsartre

Slinky wrote: »

I put the details into Botts last night and they seem to think we have a claim.

Unfortunately that doesn't mean much. I suspect Bott & Co will say there's a valid claim for any flight delayed 3+ hours unless someone has specifically claimed for it through them and they have determined otherwise.

Tyzap

jpsartre wrote: »

Unfortunately that doesn't mean much. I suspect Bott & Co will say there's a valid claim for any flight delayed 3+ hours unless someone has specifically claimed for it through them and they have determined otherwise.

I can categorically inform you that your assumption is wrong.

Their database is one of the most accurate and free tools available to LIP's, it has assisted many on these forums.

Two of their solicitors have previously posted on this forum to clarify certain legal situations.

You will also find that they offer LIP's other free tools on their website to help them self claim.

There are not many free sources of information for claimants trying to DIY, so a little credit where it is due helps everyone.

Slinky

I think we'll push it in their direction and hope for the best. 70+% of something is worth much more than 100% of nothing which is all we're being offered by EJ at the moment. OH lost a day's pay which is more than we'll get back if we get any compo.

jpsartre

Tyzap wrote: »

Their database is one of the most accurate and free tools available to LIP's

Either that's incorrect or competing tools must be really bad. Some examples: I recently had two claims that they took on but later dropped because they determined that the delays were due to air traffic control restrictions yet both still show up as valid claims in their database if you search for the flights. This is after a month. Then there are flights that are cancelled because of bad weather and which almost certainly would not entitle to compensation. Again, these still show up as valid claims on the flight checker. Just check any of the flights cancelled from LHR on Dec 29 because of HAL ATC restrictions (due to high winds). They all come up as valid.

There's nothing wrong with using the flight checker but being told a claim is valid doesn't mean very much at all. On the other hand, if a claim shows up as invalid it's probably a very good indication that it is.

Tyzap

jpsartre wrote: »

I recently had two claims that they took on but later dropped

Have you phoned them to discus this and ask for an explanation?

There may be a reason for it so it's always worth a phone call.

jpsartre

The reason was in the email - the delays were due to ATC restrictions so taking legal action would be futile.

Spanfree

I have been trying to claim the fixed compensation for a 3.5 hour flight delay Madrid to LGW, mainly because of the appalling customer service on the day.

The responses from EasyJet so far are

From EasyJet customer service
‘Having reviewed the details of your flight EZY5482, I can confirm that the reason for the delay was crew shortage. This event would be classified as “extraordinary” under EC Regulation 261/2004. In this situation there is no compensation payable, as the circumstances which led to the flight delay were outside our control. We have provided a document on our website entitled ‘Notice of Rights’, which clarifies the policy surrounding EU Compensation.'

From someone representing Carolyn MCCall
'Your flight was delayed due to our crew running out of hours which meant a different crew had to be deployed to man your flight as it is against ATC regulation for Cabin Crew to operate over their allocated hours unless all crew members agree to this. As such because this occurence was an ATC restriction it is deemed as Extraordinary and compensation is not payable under EC261/2004.'


My questions are

Should crew shortages be classified as extraordinary circumstances?

Is it worth me pursuing this claim?

Thank for any advice

legal_magpie

Crew shortages are not EC’s. Neither is a crew going out of hours unless the cause is an EC. As you have been given conflicting statements I would pursue this. If you haven’t already done so try putting the flight number and date into EU claim

RibZed

One week left for EJ to lodge a defence against my CEDR claim for significant underpayment of reasonable expenses incurred as part of an EC cancelled flight.

I appreciate a lot of the claims on here relate to compensation but mine is purely expenses related and I will be happy to advise or support anyone else hitting brick walls with expense claims.

Will provide a further update once the outcome is known!