Flight delay and cancellation compensation, Easyjet ONLY

Dansam

Hi All
I took the forums advice and filed a claim with CEDR. This I did on 13.04
They asked for all the correspondence EasyJet sent me also all the relevant receipts. I sent them all and within two days I had an answer to say that the complaint fell within the remit of the relevant eu regulations and that they would sent the claim onto EasyJet and await their respond which they are required to do within 15 days.

The had a response about a week later that ran to several pages where EasyJet still maintained that they were not liable to pay any compensation (they kept using this term throughout the reply) as it was due to extraordinary circumstances (industrial action). They then quoted verbatim court cases brought against them that the judge/magistrate found in their favour. Still repeating the word COMPENSATION. I gave my reply stating quick clearly that I knew I wasn’t entitled to compensation as it was due to extraordinary circumstances. I never claimed compensation, I was claiming for REIMBURSEMENT that is, monies I genuinely paid out in order to get myself and my family back within “ a reasonable time”

I had an email from CEDR to say that they had found in my favour in part (they didn’t award me the cost of fuel or additional car park) they did award me compensation of €153.00 on top of the approx €1600.00 they agreed were legitimate expenses incurred to get my family back from Italy following EasyJets cancellation of my flight.

Even tho the regulation doesn’t specify a set time in which the airline has to get you home, they say that airlines should endeavour to get you home the same day within 36 hours. The flight I was offered was three days after my cancelled flight.

EasyJet have said that the award should be with me in the next 14 days.

I’d like to thank the forum for their help and advice.

I’ll let you know when the money arrives.

jpsartre

Good to hear. Thanks for coming back with an update.

symphony63

Interesting question.
A friend travelled on a flight that arrived 2h 43 min late. The doors were opened about that time and the stairs were there to allow the passengers to debark. Now starts the fun. The Passengers were left waiting on the tarmac for over 20 minutes till the busses arrived to take them to the terminal building.
Are they entitled to compensation? As they arrived to the terminal after 3h delay.
The ECJ in the Hennings case (Case C-452/13) stipulates that “arrival time” for the purposes of calculating a delay is the moment that at least one of the doors of the aircraft is opened, the assumption being that this is the moment a passenger is permitted to leave the aircraft. I would assume that in this case although the passengers were permitted to leave the aircraft they had no where to go.

Justice13075

I have a sneaky feeling you already know the answer to this question but are just looking for confirmation. You are right it is when the doors open not when you arrive at the terminal. You could always put the flight details into bottonline and euclaim for further confirmation.

symphony63

Justice13075 wrote: »

I have a sneaky feeling you already know the answer to this question but are just looking for confirmation. You are right it is when the doors open not when you arrive at the terminal. You could always put the flight details into bottonline and euclaim for further confirmation.

Would you say the same if the stairs or the bridge weren't connected the aircraft.
I would advise you to look at paragraphs 20-24 of the Hennings case

It is only when the passengers are permitted to leave the aircraft and the order is given to that effect to open the doors of the aircraft that the passengers may in principle resume their normal activities without being subject to those constraints.

If the passengers were left standing on the tarmac the passengers were not able to resume their normal activities

jpsartre

symphony63 wrote: »

The Passengers were left waiting on the tarmac for over 20 minutes till the busses arrived to take them to the terminal building.
Are they entitled to compensation? As they arrived to the terminal after 3h delay.

The problem may be to argue that the airline could have taken reasonable steps to avoid this additional 20 minute delay. If your friend takes it to court it would be interesting to hear how a judge would see it.

Justice13075

Sorry, but it does not change my opinion. Paragraph 24 is clear that confinement ends when the doors are opened. There is no way an aircraft is going to open their doors if there were no stairs or a bridge present. What did bottonline and euclaim say?

Caz3121

what was the cause of the original 2hr 43mins delay?
It is not unknown for airlines to contribute portions of time between qualifying and extraordinary.
So you will say that the delay was over 3 hours and they say yes, 2 hr 43 was down to us and 20 mins were extraordinary as caused by the airport (I am assuming the airline don't operate the buses)
The argument then is whether the airlines take responsibility for the airport buses

symphony63

Caz3121 wrote: »

what was the cause of the original 2hr 43mins delay?
It is not unknown for airlines to contribute portions of time between qualifying and extraordinary.
So you will say that the delay was over 3 hours and they say yes, 2 hr 43 was down to us and 20 mins were extraordinary as caused by the airport (I am assuming the airline don't operate the buses)
The argument then is whether the airlines take responsibility for the airport buses

Don't know yet what the original 2hr 43mins delay was.
Regarding the delay in the busses claiming extraordinary, why is it different than a collision between an aircraft and a set of mobile boarding stairs being an event inherent in the normal exercise of the activity of the air carrier?

jpsartre

symphony63 wrote: »

Regarding the delay in the busses claiming extraordinary, why is it different than a collision between an aircraft and a set of mobile boarding stairs being an event inherent in the normal exercise of the activity of the air carrier?

I don't know that it is but in turn, how is that different from bad weather, bird strikes or delayed delivery of luggage? Sometimes the logic between what counts as extraordinary and non-extraordinary isn't particularly obvious. That's why I was curious how a judge would see it.