Flight delay and cancellation compensation, Easyjet ONLY

jpsartre

bidga1 wrote: »

My question is can I claim for the difference in the cost of the car hire and if so from whom?(easyJet or the car hire).

In short, no. Hindsight is everything of course but it was inherently risky booking care hire from a company due to close 40 minutes after your scheduled arrival.

Harry401

Flight diverted to Southend last week as hole in runway at Stansted and offloaded flight. offered coach to stansted.Entitled to compensation or not?

Karl06

Hi
I've read peoples posts and some advice given in a nutshell on Sunday May 19th a long story short we travelled with Jet2 and due to the fuelling issues we where nearly 24hrs delayed this included-:

1 we boarded plane and sat on tarmac for nearly 3 hours than took off plane to sit in terminal for 3 hours and 30 minutes due to fuelling issues at Manchester.

2 when we boarded our new flight which came over from Leeds Airport with staff pilot said Arreccife/Lanzarote Airport would stay open for our delayed flight, an hour away from Arreccife/Lanzarote Airport captain came over tannoy we are diverting to Las Palmas Airport due to Arreccife is now closed and not willing to wait our flight landing anymore.

3 We was put up in hotel from 5am till 11:59am then had to check out with a six year old daughter, then picked back up from hotel at 16:00pm for flight to Lanzarote at 18:40pm apparently we couldn't leave earlier due to staffing issues with them having to have a standard 12 hour rest period.

4 eventually arrive into Lanzarote airport around 20:00pm nearly 24 hours after scheduling time with a re-routing in between for staffing issues/resting periods.

any direct advice will be really appreciated and thanks in advance.

bidga1

I’m hoping that someone can help me.

My wife, 2 kids and I flew to Paris from Liverpool last Friday with EasyJet. We had arranged a rental car through Rentalcars.com. The flight was delayed by 39 minutes meaning that we got through customs and to the car hire after 10pm. Unbeknown to us the car hire (firefly) closed at 10 so we were stranded as we needed to be in Normandy that night. I rang Rentalcars who refunded my insurance and 1 days rental (we’d booked for 4 days).
They advised me to rent from another agency and get the airline to refund the difference in price between the original rental and the new rental.
I’ve asked easyJet about this and they don’t want to know. My question is do I have a case?

Thanks in advance.

Caz3121

no compensation from the airline for a 39 minute delay. You could try your travel insurance

Doyin

I was travelling from Alicante to Milan on May 30th at 13.45 pm with my 2 year old and 6 month old. Our flight left the stand and was due to take off when the aircraft in front of us had problems with landing gear and we were delayed. We were taken back to the airport and Alicante airport closed as apparently they had to get a crane from another airport to move the plane.
The Airport reopened around 17.00 and at 19.00 easyJet notifies us that our flight was cancelled as there crew couldn’t work and they had no other crew. We were re-scheduled to take off the following day at 09.00.
I’ve put in a claim under the EU rules as staff told us we were entitled but easyJet have responded with below:

‘EU261 Compensation Claim Assessment
Claim received: 30/05/19
Flight Number: 2574
Flight Date: 30/05/2019
Scheduled Departure Airport: Alicante
Scheduled Arrival Airport: Milan Malpensa
Claim decision: Declined
Decision summary: We're sorry that your flight to Milan was overnight delayed. Our assessment and legal team has carefully reviewed your claim and the circumstances around your flight and have confirmed that your compensation claim is not eligible for compensation payment under EU Regulation EU261/2004. Please note that this may not match with the information you were given on the day of travel, as our staff in airports, and on-board, may not have had all the information concerning your delayed flight.


Dear Doyin

We are sorry for the disruption to your flight. Our assessment and legal team have carefully reviewed your claim, including the circumstances around your flight and have confirmed that your compensation claim is not eligible for compensation payment under EU Regulation EC261/2004. Please note that this may not match with the information you were given on the day of travel, as our staff in airports, and on-board, may not have had all the information concerning your overnight delay flight.


Our assessment of your claim
To further explain what happened on the day; Alicante runway closure due to a non-easyJet related incident, resulted in long delays to flights as aircrafts waited for the runway to re open. The delays continued and Knocked on to later flights. Ultimately and in the case of this flight, we do take reasonable measures to avoid delays and cancellations to our flights by having replacement crews and spare aircraft available in our network. In the circumstances, our standby crew had already been deployed onto other flights. We had no option but to overnight delay your flight.


EU261 Regulation
When we have to disrupt a flight due to circumstances outside of our control, the flight is classified under EU regulation 261/2004 as being affected by “extraordinary circumstances”. An example of disruption outside of our control would be that primarily caused by air traffic control restrictions, industrial action, severe weather conditions or a runway closure.
EU261 compensation is only payable when a flight is delayed by 3 or more hours after the scheduled arrival time, or the flight is cancelled, and the reason for the delay or cancellation was within our control. This type of disruption is classified as “non-extraordinary circumstances” in the EU Regulation. Examples of this include most aircraft technical faults or when we haven’t taken reasonable measures to prevent or minimise disruption. A copy of the regulation can be found at ....

Tyzap

Hi Doyin,

The closure of a runway following an accident is undoubtedly an Extraordinary Circumstance. This will exempt the airline from any obligation to pay compensation, providing they also took 'all reasonable measures' to prevent the delay.

However, in this case it's highly unlikely that Easyjet could successfully pass the 'all reasonable measures' test after they kept you at Alicante for 16 hours following the runway re-opening.

You can refer your case to AviationADR who would adjudicate on your claim for you, found here...

https://www.aviationadr.org.uk

Good luck.

Cornishi

I received a reply from Easyjet ref the ATC strikes on 9th/10th May. As expected they cited exceptional circumstances.

Their reply is as below:
EU261 Compensation Claim Assessment
Claim received: 29/05/19
Flight Number: 2412
Flight Date: 10/05/2019
Scheduled Departure Airport: Malaga (AGP)
Scheduled Arrival Airport: London Luton (LTN)
Claim decision: Declined
Decision summary: We’re sorry that your flight was cancelled. Our assessment and legal team has carefully reviewed your claim and the circumstances around your flight and have confirmed that your compensation claim is not eligible for compensation payment under EU Regulation EU261/2004.
Dear XXX,
We are sorry for the disruption to your flight. Our assessment and legal team have carefully reviewed your claim, including the circumstances around your flight and have confirmed that your compensation claim is not eligible for compensation payment under EU Regulation EC261/2004. Please note that this may not match with the information you were given on the day of travel, as our staff in airports, and on-board, may not have had all the information concerning your cancelled flight.
Our assessment of your claim
To further explain what happened on the day; the French Aviation Authorities informed airlines of a 34 hour, French National Industrial Action affecting Air Traffic Control across all of France, scheduled to take place from the evening of 8th May until 10th May. The industrial action would not only affect air space over France and impact on French airports but easyJet was requested to reduce its flying programme by cancelling flights. In the case of your flight, we had no other option but to cancel it. We do take reasonable measures to avoid cancellations and delays to our flights by having replacement crews and spare aircraft available in our network. However, in the circumstances, these options were not possible as the cancellation to your flight was as a direct result of the industrial action taken by French Air Traffic Control personnel.
EU261 Regulation
When we have to disrupt a flight due to circumstances outside of our control, the flight is classified under EU regulation 261/2004 as being affected by “extraordinary circumstances”. An example of disruption outside of our control would be that primarily caused by air traffic control restrictions, industrial action, severe weather conditions or a runway closure.
EU261 compensation is only payable when a flight is delayed by 3 or more hours after the scheduled arrival time, or the flight is cancelled, and the reason for the delay or cancellation was within our control. This type of disruption is classified as “non-extraordinary circumstances” in the EU Regulation. Examples of this include most aircraft technical faults or when we haven’t taken reasonable measures to prevent or minimise disruption. A copy of the regulation can be found at http://eur-lex.europa.eu
Expenses
Even if your compensation claim has been declined, you may be eligible for reimbursement of reasonable expenses incurred as result of the disruption. If you have not already done so, you may submit an expenses claim on our website at https://www.easyjet.com/en/help/boarding-and-flying/delays-and-cancellations.
Please read this carefully before submitting a claim as this explains how we assess expenses. The only way to make a claim is via our expenses webform, we are unable to process claims submitted by email or over the phone.
We hope this letter clearly explains why your flight was disrupted. Our assessment team have thoroughly investigated all the available information and this is the decision we have arrived at.
Our Customer Services team will not be able to access any more information than we’ve provided here. Please read our “Who is entitled to compensation” section on the following link which will hopefully answer any further questions you may have.
https://www.easyjet.com/en/help/boarding-and-flying/delays-and-cancellations
Once again we are sorry for the disruption to your flight and hope to welcome you on board again soon.

Does this slam the door shut on any claim now?
Easyjet didn't notify us of the cancellation until an hour before departure (2300hrs on 9th May) which tied everyone in the party to the airport which added the stress of being stranded to the situation. The strike was announced before the 7th May, is there an arguement that they didn't take reasonable action to mitigate this disruption by notifying passengers earlier?
The ATC strike ended at 0600hrs on Friday 10th May and yet their replacement flight departed at 2340hrs. Nearly 18 hours after the strike. Is this a breach against reasonable measures to prepare to return flight operations to normal?
British Airways minimised a lot of their flight disruptions by using larger planes in place of their standard planes to carry the surge of passengers, this seems like a reasonable measure to take in this situation.

If this is a dead duck then I suppose the next step is claiming through travel insurance.
The travel insurance we took out does cover against strikes provided the cover was taken out before the strike was announced which I think we are in the clear with.

Thanks for any additional help and advice you can offer.

Tyzap

Hi Cornishi,

It’s exactly the reply I would have expected. We do not dispute that the initial cause of the delay was due to a French ATC strike.

If they were further delayed for another 16 or so hours after the strike had ended and you feel there is more the airline could have done to lessen the delay you can take it further.

Ask for a referral to AViationADR and ask them to adjudicate on the case. Suggest to them that as the airline took a further 16 hours to repatriate the delayed passengers they did not take ‘all reasonable measures’ to prevent the delay.

They are due any hotel cost back too so suggest they put in a claim if they haven’t already.

Good luck.

Owen2003

Owen2003 wrote: »

My evening flight from Newcastle to Bristol was cancelled at the last minute and rescheduled to the following afternoon. This was of no use to me as I was due to attend a family funeral in the morning. I rang the following morning explaining that I wouldn't be on the flight and needed a refund and was told I could only be refunded the taxes as it was cancelled because of the weather and so was therefore beyond their control. I had a feeling I was being lied to but requested the refund nonetheless and submitted a compensation claim.

Several days later none of the money had been refunded to my credit card (and still hasn't!) but I did get an email saying I was eligible to £220 compensation as it was their fault the flight was delayed (and not for the weather!) I waited the quoted 14 days for the money to go in and it didn't so rang in to enquire.

After waiting about 45 mins for someone to finally answer I was told the email had been sent in error and i wasn't due any compensation as I elected for a refund and didn't take the rescheduled flight!? They still insist they refunded me approx half my original fee (my statement says otherwise) and insist I am not due compensation.

Has anyone else experienced this and is it worth taking to CEDR?
Would I be wasting my time and would it just cost me more money (£25 if unsuccessful)
Thanks

Hi, just thought I'd give a quick update on how this panned out. Well as my post title suggests after a 7 month wait I finally got a payout of £129 courtesy of Bott and Co (despite EUclaim online saying my claim had no validity!) That's £90 less than Easyjet originally told me I would get off them but it ended up costing them a lot more than that with legal fees etc.

I feel pleased to have got one over on a big organisation that thinks it can bully its customers and treat them like dirt. Many thanks to JPears and JPSatre amongst others for the help and advice (I should give Bott and Co some credit too although their help didn't come for nothing!)