Flight delay and cancellation compensation, Easyjet ONLY

Lisabartlett

We had a flight cancellation due to crew being over their flying hours as a result of a medical emergency on the previous flight. We applied via their website for compensation ( they had already reimbursed our flights) and Easyjet came back stating this was out of their control. I disputed this via the independent adjudication service they refer you to and asked for it to be reviewed, my argument being; although they had standby crew they were all deployed elsewhere but no mention WHEN they were deployed as this was blanked on papwork easyJet sent me. Adjudicator found there was no standby crew after 2100hrs!! Secondly it was proven that Easyjet could have flown us to Spain and been within their flying hours just didn’t have time to fly back to Bristol , not my problem!! So, it found in our favour that Easyjet could have put reasonable measures in place to have got us to Spain but didn’t. I received £2000 in compensation 3 weeks ago. My flights only cost £770 and these were refunded at the time.

Lalaxbx

Tyzap wrote: »

Hi, yes I can see that now, not quite on the ball last night!

You can reply to their defence at CEDR with a rebuttal stating that an accumulation of various knock on delays to other flights during the day does not give them a reason to refuse you compensation.

It is up to the airline to prove that any claimed EC is a genuine EC and how it affected YOUR flight, taking it over the 3 hour threshold.

CEDR understand all of this and should ensure the airline work within the framework of the EC261 regulations. Hopefully they will be able to see through the smoke screen defence.

Good luck.

JPears wrote: »

Lalaxbx- that cobbled together list just smacks of desperation....

Thanks for the advice - The absolute worst part of it was being dumped at BRS at 3am with 2 young kids, accommodation booked in Swansea and Avis being closed so no way to get there- totally ruined the weekend for us, hopefully CEDR see sense and award the compensation.

Bumblies

Has anyone successfully reclaimed additional car parking charges resulting from a flight cancellation by EasyJet? My flight back from Prague on 23.12.18 was cancelled (EasyJet say delayed to next day but substitute flight had a different number). As a result I incurred a £20 overstay charge on my car parking. EasyJet has accepted the cancellation/delay was their responsibility and have agreed to pay EU compensation (which I am still awaiting) but has refused to reimburse the car parking charge. When I attempted to claim the money on my travel insurance they said it's the carrier's (EasyJet's) responsibility and rejected the claim. As things stand I'm £20 out of pocket through no fault of my own (OK the EU compensation, when it arrives, will cover it but that's not the point).

jpsartre

There's no legal requirement for easyJet to refund this so you're relying on a goodwill gesture. As you say, the compensation will more than cover it.

Tyzap

Bumblies wrote: »

Has anyone successfully reclaimed additional car parking charges resulting from a flight cancellation by EasyJet? My flight back from Prague on 23.12.18 was cancelled (EasyJet say delayed to next day but substitute flight had a different number). As a result I incurred a £20 overstay charge on my car parking. EasyJet has accept the cancellation/delay was their responsibility and have agreed to pay EU compensation (which I am still awaiting) but has refused to reimburse the car parking charge. When I attempted to claim the money on my travel insurance they said it's the carrier's (EasyJet's) responsibility and rejected the claim. As things stand I'm £20 out of pocket through no fault of my own (OK the EU compensation, when it arrives, will cover it but that's not the point).

Hi Bumblies,

Compensation is there to compensate you for the inconvenience caused by the delay, it’s not there to cover costs incurred during the delay.

Although EU261 legislation does not regulate on resultant costs incurred due to a delay, it does not mean they are not liable or that you cannot claim back those costs via the civil procedures such as MCOL.

I’m not 100% sure but you may also be able to claim costs etc via the ADR provider, something that may be worth looking into as it would be more appropriate for the sum involved.

Good luck and please let us know how you get on.

astar351

Hello Lisa,

Sounds like a similar situation to ours minus the medical emergency. What would you say the best course if action is?

Many thanks in advance.

symphony63

Always respond to the airline's defence at CEDR otherwise you will automatically loose.
I have experience with 2 passengers on the same flight, one replied and won, the other one didn't and lost

Lalaxbx

I'm so grateful for your input guys, I've crafted the below response and just wondering if there is anything else I should have included?

In response to EasyJet’s defence documents, my understanding of the EC261 legislation and the previous judgements issued by the European courts is that an accumulation of various knock on delays to other flights during the day does not give them a reason to refuse compensation for my delayed flight, I do not believe that Easyjet took all reasonable measures to mitigate the delay that was suffered.
The aircraft started the day with a 29 minute delay, they have shown that bad weather (not extreme) was forecast in Amsterdam, this should have been taken into account and it should have been well within their operational capabilities to ensure that passengers were not disrupted greatly. By the third flight of that day there was over 2 hours delay, and this was exacerbated by a shortage of loading staff.
Easyjet have stated that a change of aircraft would not have avoided the delay, I can’t believe that no other aircraft in their fleet was available especially when there were at least 4 sitting in Glasgow while passengers were made to wait over 4 hours to be taken to an airport that was essentially closed and left many (ourselves included) with no way to continue their onward journey.

My deadline to respond is tomorrow but I'm not sure when tomorrow exactly so I'm hoping to file it tonight

Thanks

JPears

Lalaxbx wrote: »

I'm so grateful for your input guys, I've crafted the below response and just wondering if there is anything else I should have included?

In response to EasyJet’s defence documents, my understanding of the EC261 legislation and the previous judgements issued by the European courts is that an accumulation of various knock on delays to other flights during the day does not constitute an Extraordinary circumstance. There is no justification for Easyjet to refuse compensation for my delayed flight, I do not believe that Easyjet took all reasonable measures to mitigate the delay that was suffered.
The aircraft started the day with a 29 minute delay, they have shown that bad weather (not extreme) was forecast in Amsterdam, this should have been taken into account and it should have been well within their operational capabilities to ensure that passengers were not disrupted greatly. By the third flight of that day there was over 2 hours delay, and this was exacerbated by a shortage of loading staff.
Easyjet have stated that a change of aircraft would not have avoided the delay, I can’t believe that no other aircraft in their fleet was available especially when there were at least 4 sitting in Glasgow while passengers were made to wait over 4 hours to be taken to an airport that was essentially closed and left many (ourselves included) with no way to continue their onward journey.

My deadline to respond is tomorrow but I'm not sure when tomorrow exactly so I'm hoping to file it tonight

Thanks

I have highlighted my suggestions in italics.
You could also add something along the lines of:
One of the EC's reasons for implementing EC261/2004 was to reduce delays, cancellations and denied boarding often caused by the practices of airlines in general.
One factor the EC recognised is the short turnaround times between flights, using the same aircraft. This practice severely limits the ability of the airline to make up time from previous delays.
Just my twopenneth worth.

Lalaxbx

JPears wrote: »

I have highlighted my suggestions in italics.
You could also add something along the lines of:
One of the EC's reasons for implementing EC261/2004 was to reduce delays, cancellations...........

Took your advice and beefed this up a bit as shown below, don't think its especially eloquent but I hope it gets my point across.....

One of the EC's reasons for implementation of EC261/2004 was to reduce delays, cancellations and denied boarding often caused by the practices of airlines in general. One of the main factors the EC recognized is the short turnaround times between flights, using the same aircraft. This practice severely limits the ability of the airline to make up time from previous delays and impacts negatively on the service that customers receive. This was shown when airport staff advised us that delays on this particular route/timeslot happen very frequently, this was further confirmed when I looked at historical flight data both before and after our date of travel. In light of this information and pattern of delays it is not unreasonable to expect Easyjet to anticipate problems on this route but rather than address the root operational cause Easyjet do not appear to have made any changes to their underperformance and continue to let passengers down. When the same situation occurs regularly it should not be classified as Extraordinary Circumstances as it becomes part of the carrier’s normal activities.