Flight delay and cancellation compensation, Easyjet ONLY

JPears

Isn't that irrelvant if the operating airline is an EU airline, in the sameway an EU flight out of Kenya or Thailand or anywhere else is valid for compensation?

Icanandwillsavemoney

jpsartre wrote: »

That's the second time I've read of CEDR dismissing a claim for a delayed flight from Gibraltar. Could you post the CEDR's reasons for rejecting your compensation claim?

2. The Airline has not defended the claim, but it raised an objectin on the basis the departure airport was GIB which is outside the scope of the regulation.

3. Compensation is available to passengers in the event of delay pursuent to the Regulation. I am satisfied that the Flight was delayed by over 3 hours. However, Article 1(3 of the Regulation provides:

Application of this Regulation to Gibraltar airport shall be suspended until the arrangements in the Joint Declaration made by the Foreign Ministers of the Kingdom of Spain and the United Kingdom on 2 December 1987 enter into operation. The governments of Spain and the United Kingdom will inform the Council of such date of entry into operation.

4 The Flightwas due to depart Gibraltar. Accordingly, I find that pursuant to Article 1(3), the Regulation does not apply to the Flight and the Passenger is not entitled to any remedy or compensation available under the Regulation.

Icanandwillsavemoney

I have also read a case somewhere that was won in the small claims court against the same such delay but can I find it anywhere!!!!

Icanandwillsavemoney

jpsartre wrote: »

Found this with a bit of Googling. The article's almost 5 years old so not sure if the info is still correct.



https://www.euclaim.co.uk/blog/the-sticky-problem-of-gibraltar-and-its-exclusion-from-eu-air-passenger-rights-legislation

Will research this some and see where it leads, thank you

Lalaxbx

Just a small update from me, CEDR have upheld my claim and awarded the compensation to all 4 of us, thanks to everyone that offered advice and help ��

Tyzap

Lalaxbx wrote: »

Just a small update from me, CEDR have upheld my claim and awarded the compensation to all 4 of us, thanks to everyone that offered advice and help ��

Well done Lalabx:beer:

The airlines should not make it so difficult to claim when your case is fairly straightforward, as your was.

It's up to the regulator, the CAA, to stop this happening time after time. Unfortunately the regulator cannot be bothered.

It was a pain for you, but with this forums help, you eventually got what you were always entitled to:T

Lalaxbx

They did uphold that weather and atc delays were extraordinary and outwith the airlines control but not that all reasonable measures had been taken.........

“8. When considering this aspect of the airline’s defence, I am mindful that the burden of proof rests upon the airline to demonstrate that it could not have taken any further reasonable measures to avoid the delay to the Flight. In this instance, I do not agree that the airline has provided sufficient evidence to discharge its burden of proof in this respect. The Flight was scheduled to depart GLA at 20:40z, and the operational records show the airline was aware that the aircraft was operating with delays totaling 1 hour and 4 minutes upon the arrival of the first flight at 13:05z, and by 16:23z, it was aware that the aircraft was operating with a delay in excess of 2 hours. Moreover, upon the revised time of departure of the third flight, the airline would have been reasonably aware of the issues encountered at AMS and that further delays were likely to ensue.

9. With this being the case, I am mindful that there is no evidence, or submissions, which demonstrate what reasonable measures were contemplated, or taken, after this period when the airline could have reasonably deduced that the Flight would have suffered an arrival delay of 3 hours or more. Moreover, whilst I note the airline’s contentions that a replacement aircraft would not have avoided the delay to the Flight, I disagree that this was the case. Had a replacement aircraft been positioned at BRS in order to operate the preceding flight at an earlier point in time, or at GLA in order to operate the Flight at an earlier point in time, such a delay could have been avoided; neither of these flights were affected by ATC restrictions. Therefore, on a balance of probabilities, I do not agree that the airline has demonstrated that it took all reasonable measures to avoid the delay

I’m so glad I pursued the case and went to CEDR with it, might just quit my job and start getting that flight every Friday night as it always appears to be running late ��

JPears

This is probably the first claim I have seen where the unreasonable delay, reasonable measures has been used. Finally CEDR are doing their job.
Did you include this element of the regulation in your submissions?

Lalaxbx

I did say in my submission that all the preceding flights had been delayed so they had ample opportunity to make other arrangements for our particular flight and the fact that there were multiple EJ planes sitting at Glasgow airport while we waited for hours

RMM85

Hi,

I flew from Bristol to Edinburgh last Friday (15/03) with Easyjet and arrived over 3 hours late. The plane that we were due to fly on was diverted to Exeter due to the bad weather, so a replacement plane & crew had to be used. I made a claim with Easyjet and they rejected it, on the basis of bad weather and ATC restrictions, which are classed as extraordinary circumstances.

The question that I have is whether bad weather indirectly affecting my flight is a valid reason for rejecting the claim? I'm fairly certain that there were other planes taking off at the time so I don't think the weather would have prevented take off if there was a plane there.