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Flight delay and cancellation compensation, Easyjet ONLY

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  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    gordies wrote: »
    Do I have a case that I can win?

    Are they right that it is an extraordinary circumstance?

    A case you can win? Definitely! A case you will win? Less certain, I'm afraid.

    I am not a lawyer, but even a lawyer will only give you probable odds. I'd suggest that this case would depend upon whether you class this incident as an "unexpected flight safety shortcoming". You need to read the Wallentin Hermann judgement and make up your own mind. Is the risk of an engine failing on take-off inherent in the normal exercise of an airlines activity? And if not, did the airline use all the financial and other means at their disposal, short of intolerable sacrifice, to get you home on time? If the answer to these two questions is yes and no respectively, then you would have a right to compensation. But there are no guarantees I am afraid, and justice can be a capricious beasty sometimes!
  • fifeken
    fifeken Posts: 2,738 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    maghater wrote: »
    Yes give them the chance to stump up, dont think they can hide behind technical reasons on this one, especially if the water carrier was servicing their aircraft.

    I'd have thought that was a good example of extraordinary circumstances.

    I had a similar sounding incident a couple of weeks ago and immediately thought that the regs would rule this out.
  • JPears
    JPears Posts: 5,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    gordies wrote: »
    Hi,

    Easyjet flight due to depart for UK from non-EU country. Whilst taxi-ing flames appeared from one engine and the taxi-ing was stopped and we were returned to air bridge.

    Easyjet provided accommodation and refreshments for the 30 hours we were delayed.

    However, on submitting a claim for compensation it was refused claiming an extraordinary circumstance that had been confirmed by the CAA.

    Have asked Easyjet to detail exactly what the extraordinary circumstance was but they have, so far, refused to detail. Been fighting this for over 2 years now.

    What can I do to bring this to a head, OR are they correct to claim extraordinary circumstance?

    Thanks.
    Gordies, I think even I would regard a flaming engine as EC, HOWEVER a 30 delay without good reason is unacceptable.
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  • winone
    winone Posts: 1 Newbie
    I received this reply, after we were delayed in Berlin for 7 hours last year with our 4 year old.

    'Thank you for contacting easyJet.

    I would like to inform you that, your flight was delayed due to the aircraft went AOG in Berlin with an elevator aileron computer fault and this was out of our direct control and as such compensation is not payable for this delay. '

    What should i do now?
  • gordies
    gordies Posts: 57 Forumite
    JPears wrote: »
    Gordies, I think even I would regard a flaming engine as EC, HOWEVER a 30 delay without good reason is unacceptable.

    Ok, thank you everyone.

    Historical flight data shows the flight as cancelled. Is there any way of checking the actual flight movement that proves when it eventually landed in the UK or will the cancellation have removed the original flight number?
  • lucky_me_2
    lucky_me_2 Posts: 195 Forumite
    I was recently delayed by 2 hours 50 mins on a European flight approx distance was 1279km, it was an Easter flight from gatwick. When I went to the information desk and spoke to the representative she was so rude and unhelpful I practically had to beg for a food voucher which she reluctantly organised (£3) we had to wait for a colleague of hers to bring the voucher to the desk - another half an hour, the Easyjet customer service reps were not aware of this entitlement until I pointed it out (was in their info booklet which ironically she handed to me!)

    Cut a long story short she was rude and very unhelpful, I then emailed Easyjet using the standard template to see if I was entitled to compensation and I also mentioned how unhelpful their staff were and have since received this reply, can anyone advise is this correct? I thought a delay of over 2 hours meant that I may be entitled to €250 compensation? They have not even given me the reason for the delay.

    Should I bother to reply and take it further or am I wasting my time?

    Your thoughts would be greatly appreciated.

    Email reply from Easyjet:
    I am very sorry to hear that your recent flight was delayed. We work hard to provide you with a punctual and efficient service and make every effort to minimise flight disruption so that we can get you to your final destination as quickly as possible. I understand that the delay you suffered was frustrating and inconvenient for you.

    As you will remember from our Terms and Conditions, when your flight is delayed for more than one hour beyond its scheduled departure time, if you do not wish to travel on the delayed flight you can choose a free re-route on the next available easyJet flight or you can cancel your seat and receive a credit for future flights with us. I understand that you chose to travel on the delayed flight. For this reason, I'm afraid we cannot offer you any compensation. You may be able to claim back the costs of any additional expenses as a result of this delay though your travel insurance.

    I was very concerned to hear about your experience since this is not the level of service you should rightly expect from our Ground Handlers. Whilst I feel that the agent concerned was acting with every good intention by enforcing the relevant regulations, I fully understand that there is a right way and a wrong way of doing this. We try very hard to ensure that our staff is friendly and approachable, even during testing circumstances. I have sent a copy of your e-mail to the Passenger Services Manager who is responsible for the training and monitoring of our colleagues in the airports. I'm sure that they will address this matter with them.
  • lucky_me_2
    lucky_me_2 Posts: 195 Forumite
    Thanks for the reply.

    I thought I had read that if over 2 hours I was entitled to compensation, am I wrong in thinking this?
  • Mark2spark
    Mark2spark Posts: 2,306 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    lucky_me wrote: »
    Thanks for the reply.

    I thought I had read that if over 2 hours I was entitled to compensation, am I wrong in thinking this?

    You have misread things.
    After 2 hours you are entitled to a meal and refreshments as *re*-compense for the delay.
    But *strictly* 3 hours late upon arrival at final destination is the trigger point.
  • harry911
    harry911 Posts: 8 Forumite
    i have posted a form i downloaded from this qwebsite conserning my delat from antalya airport wicth was over 4hrs,it has now been two weeks and no reply from easyjet, do i wait a little longer or send an other one by recorded delivery can someone advise me please
  • Hi
    I have recently complained to Easyjet re a cancelled flight and this is the response I got.... how do I respond as I believe Technical Issues is a cop out and they should offer compensation.

    Thank you for contacting easyJet.

    I am very sorry to hear about the cancellation of your flight. We work hard to provide our passengers with a punctual and reliable service. Cancelling a flight is always the last resort as we understand how frustrating it is for you. In your case, unfortunately we had to cancel your flight for technical reasons. A situation like that is considered, under our Carrier's Regulations and European Law, to be outside our reasonable control. For this reason, I'm afraid we cannot offer you any compensation.

    Thank you for taking the time to get in contact with me and let me apologise again for the inconvenience. I understand how frustrating it must have been for you.

    How do I respond before sending a Final Notice before Action letter??

    Thanks for your help...
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