Flight delay and cancellation compensation, Easyjet ONLY

Tyzap

jimmyboy420 wrote: »

On our return from Majorca, the incoming preceding flight to our flight was delayed taking off from the UK, and then did not land - with it being allocated to high winds (it was diverted to Ibiza, refulled, and then arrived). But this was the only flight at that time that claimed that high winds caused a diversion. Other flights immediately before and after it's arrival to Palma landed without difficulty. This was some time (2 years) ago and I did not pursue it because their claims system was rather hard work and they initially indicated the wind issue and it was just so much work to pursue whilst we were preparing for a wedding and a baby arrival, but I'd like to take it up again; if you think it might be valid. Happy to provide specific details but don't know where to go to show you them (like a flight records website or something?)


Thanks,


Jimmyboy420.

If you post your flight details, dates etc we can take a look. It does sound like it may be a knock on delay so a bit of digging around might find out more.

Good luck.

jimmyboy420

Thank you, it was EZY8628 on 11th June 2016, Palma to Gatwick.

jimmyboy420

Also - I recently tried to claim through the easyjet process but they said:

Thank you for your EU261 compensation claim which we received on 27/04/18.


We’ve reviewed your claim and we can confirm that your flight from Palma to London Gatwick airport was delayed by 3 hours and 12 minutes due to weather.


Compensation is only payable when the delay/cancellation is within our control, a technical fault with an aircraft would be an example.


When delays/cancellations are not within our control they’re classified under EU law as ‘extraordinary circumstances’. An example of this would be air traffic control strikes or bad weather.


As your flight delay was caused by weather, this is an extraordinary circumstance, so unfortunately you are not eligible for compensation under article 7 of EU261/2004.

jpsartre

jimmyboy420 wrote: »

I'd like to take it up again; if you think it might be valid.

The truth is that the regulations aren't clear on whether or not compensation is due in many cases and the same case brought before different small claims court judges may yield different results. Much will depend on the exact details of a particular case. Are delays caused by knock-on effects among those listed as extraordinary circumstances in EU261? No. Does this mean you are automatically entitled to compensation? No, since the airline may be able to convince a judge that there were no reasonable steps they could have taken to avoid the delay. Is it reasonable to expect that an airline has a spare aircraft and crew ready to go at PMI in case another aircraft gets diverted? There is no answer beyond what the judge you are on front decides on the day.

jimmyboy420

Thanks. That clarifies the position a bit.

Although I thought the next step was an independent ombudsman, rather than small claims court.

jpsartre

Sure, there are steps you can take before going to small claims court but if easyJet are sticking to their guns that's probably where you will end up if you pursue the claim to the end. EasyJet are also signed up to CEDR which is an alternative dispute resolution scheme where you can file a complaint.

jimmyboy420

Ah, yes, I think it was CEDR where I thought I would go to next, when I read about the process a couple of weeks ago.

agrinnall

Rather than go straight to court action yourself you could consider using Bott & Co's flight delay checker to see if they think you have a case. If they do you can then decide either to let them take the claim forward (for a fee, but in my experience the airline caved in once they took on my claim) or go ahead with the claim yourself.

JPears

And, please, this should be on the EJ thread, not your own personal thread.
Thanks

Tyzap

On our return from Majorca, the incoming preceding flight to our flight was delayed taking off from the UK, and then did not land - with it being allocated to high winds (it was diverted to Ibiza, refulled, and then arrived). But this was the only flight at that time that claimed that high winds caused a diversion. Other flights immediately before and after it's arrival to Palma landed without difficulty. This was some time (2 years) ago and I did not pursue it because their claims system was rather hard work and they initially indicated the wind issue and it was just so much work to pursue whilst we were preparing for a wedding and a baby arrival, but I'd like to take it up again; if you think it might be valid. Happy to provide specific details but don't know where to go to show you them (like a flight records website or something?)


Thanks,


Jimmyboy420.

Thank you, it was EZY8628 on 11th June 2016, Palma to Gatwick.

Hi JB,

I can see from a replay that the flight prior to yours (EZY8627) from LGW attempted to land once on runway 06 at PMI and then went directly to IBZ. As you say, no other aircraft diverted like this.

However, that aircraft was the last one to attempt to land on rwy 06 before ATC switched runways to 24. Thats the same runway but from the opposite direction.

Roughly two hours later EZY8627 returned from IBZ and landed on rwy 24 at PMI. Why this happened is unclear, but it appears to be something unique to that aircraft.

If Bott and Co say you are due compensation then you probably are, especially as it is two years since the delay and they will have had time to accumulate data in their database on that flight.

I would ask the airline to take another look at your claim before you issue them with a Letter Before Action.

Good luck