Flight delay and cancellation compensation, Easyjet ONLY

Justice13075

what were the 2 airports are you sure it was under 1500 km

Jezzabell

Bristol to Geneva about 900km I think. I'm happy with the result.

chrisharvs

Hi there guys and gals, I've had a quick scan over a few replies and questions in this thread but there are over 3,000 of them to go through so I figured this may be a quicker way. I have also partially read the Vauban's guide.


Long story relatively short, myself, wife and 3 children (14,10&6) due to fly Bristol to Alicante 7/8/18 at 19.45, flight was delayed then cancelled, I have filed a compo claim and it has been rejected as the reason was “extraordinary circumstances”.


To further explain what happened on the day; there was heavy thunderstorm and CB activity across the South of England and Central Europe, particularly France, which resulted in air traffic control restrictions that substantially regulated arrivals at affected airport and air space en route. Air traffic was soon at capacity. Long delays built up, knocking on to later flights. The delays were sometimes several hours long. Ultimately, in the case of this flight, the delay would have missed the Bristol airport curfew. We had no alternative but to cancel the flight. We do take reasonable measures to avoid cancellations and delays to our flights by having replacement crews and spare aircraft available in our network. In the circumstances, these options were not possible as the cancellation was as a direct result of the prevailing adverse weather conditions.


We took the re-routing option, ended up staying 2 nights at hotel in Bristol, hiring a car and driving to Southend airport, eventually landing in Alicante 42 hours late. Thus shortening our holiday by 2 days.


A friend has told me to proceed and try again/go further but am I infact wasting my time??
The Vauban's guide, MSE & EasyJet website say I'm not going to get anything sooooo........?????


Thanks in advance

JPears

Have you tried putting your details into an online checker such as Botts or EUclaim?
IMO, 2 days delay for a cancelled flight just due to a short weather event is unacceptable.
There are 2 hurdles the airlines must get over to prove they are not liable for compensation payment.
The second, often ignored and underused hurdle is that the airline must take all reasonable steps to minimise the dealy caused by the delay or cancellation.
I might be wrong but I'm guessing Bristol to Alicante is daily flight?
Were you offered a flight on a different airline? Probably not.


I hope EJ have covered ALL your additional accomadation, food/drink and travel costs? If not you will need to submit a separate online claim. Good luck and keep us updated.

Tyzap

Hi chrisharvs,

EJ are being vauge and very general in their reply.

What matters with weather related problems is how it affects your flight directly, not what the weather is like around Europe and in other parts of the UK.

If other flights were arriving and departing from Bristol airport at around the time of your flight there is no reason why you shouldn't have been one of them. Do you recall what the weather was like as you were at the airport?

There are some legal cases which support this view, see Bott & co's website for further info.

If EJ took two further days to get you to your destination that would also further suggest that they have also fallen foul of the regulations that specify re routing at the earliest opportunity. That should have included using another airline if available.

Did they pay for all you cost?

For your next move I would ask EJ for a deadlock letter and then take your case to CEDR, who should find in your favour.

Good luck.

jpsartre

chrisharvs wrote: »

A friend has told me to proceed and try again/go further but am I infact wasting my time??

Based on what easyJet is saying, I would say yes. There were thunderstorms over France on 7/8 so it's likely there were ATC delays on the route your aircraft were to take.


Edit: I do agree with JP and Tyzap that 2 days to reroute is ridiculous.

JPears

EJ have agreed to pay our re-routing expenses 10 weeks after the event, issuing summons and 2 days before any defence was due to court
Still denying liability. Why? There is no question under regulation EC261/2004,that they are liable, end of.
Bizarre.
Now lengthy wait whilst CEDR grinds it's way through a compensation claim...

legal_magpie

It's because you are well known as a troublemaker

Justice13075

You might have to wear a Lone Ranger eye mask so they don't recognize you lol

beckybarnard

beckybarnard wrote: »

Hi everyone,

I had our flight from Paris cancelled on May 31st at 11pm after sitting for hours in the airport. It was cancelled due to weather conditions so no compensation is due but expenses should be.
There were no easyJet support staff, just a stack of leaflets being handed out with the comment "you're on your own, we can't help" from the person closing up the desk. So we booked an hotel, Eurostar tickets and taxi's via the wonder of my smart phone but not through the easyJet app. because

1.Nowhere was it suggested we need to, including on the leaflet we were given, 2.all around us people were desperately trying to book rooms and were struggling to find them.
3.we needed a room for 3 as we had our 11 year old with us.
4. we just wanted to get sorted out quickly after a long tiring day!


Now easyJet have paid for the Eurostar, taxis and travel expenses but rejected the hotel and breakfast as it wasn't booked through their app.
So finally, my question is:
Can they legally reject a claim on that basis?


Thank you for any assistance, experience or help anyone can give.

Just wanted to say Thank you to everyone who offered help and advice. We finally today got an email from easyJet agreeing to pay the hotel portion of the expenses claim that they rejected because we didn't book through their app. I had to launch a Money claim online action against them, they initially said they would defend and then today decided to pay without prejudice.

We always felt we must be right, as we repeatedly asked customer services;
Could you please tell me where it says, on your literature, website or information emails, that hotel accommodation HAS to be booked through your app?
Could you please tell me where in the EU Flight regulations it says that airlines can insist that customers book emergency accommodation through the airlines app?
Could you please explain what happens to passengers without smart phones? Or if your phone has no signal/battery left? There was NO ground staff assistance.


We never received an answer!

Let's hope not too many people get caught by this new "rule" that easyJet seem to have introduced.
Thank again everyone. :T