Flight delay and cancellation compensation, Easyjet ONLY

zonecrew

I've not put details into bott&co yet. I will do it later on today. Thanks for the advice

zonecrew

My CEDR claim was rejected, reason give was that Easyjet now use ADR from 21st May! I think Martin needs to update his advice. To be honest, I never noticed this on my deadlock letter, thankfully CEDR did not charge me.

Dear Passenger, Thank you for your enquiry regarding the CEDR Aviation Scheme and EasyJet. The correspondence that you have provided does is a final response letter from Easyjet, refeering you to Aviation ADR- their new provider, We can accept all easyJet complaints where a final response (sometimes referred to as a ‘deadlock letter’) has been issued or if a matter has been ongoing for a period longer than 8 weeks (prior to 21 May 2019). If you have received a final response letter issued after 21 May 2019, this can be referred to AviationADR (https://www.aviationadr.org.uk/). For this reason, we have had to reject your claim and close this case. Kind regards, CEDR.

faisal07

Hi , myself and some friend were on the same flight, we will be submitting claims sometime this week, will feedback what we get. SO far in my research the following two points I think support our case

Point 1: This is what Bot & co have to say
bottonline.co.uk/flight-delay-compensation/claim-guides/flight-cancellation-compensation

Flight Cancellations Due To Airline Staff or Crew Issues. There are several reasons a flight could be cancelled because of staff or pilot and crew issues. The most common reasons are crew sickness and staff going over their maximum working hours without a break – this usually happens after a long delay. If your flight is cancelled because of staff and crew issues then you should be able to claim flight cancellation compensation. Sometimes flight crew can get ill and if this means there are not enough crew to safely manage the aircraft and passengers then the airline may be forced to cancel the flight. In this instance the airline should make provisions to have crew on standby for covering staff illness. If they can’t get a replacement crew to the flight in time then the flight may be claimable whether it is delayed or cancelled. Often a long delay on a flight for any reason can mean that the crew would go over their maximum permitted hours if they were to continue working on the delayed flight. This might lead the airline to cancel the flight if it can’t find a replacement crew in time and this should then be a claimable flight under Regulation 261/2004.

.. and point 2
Section 5e of the EU guidance, says
ec.europa.eu/transport/sites/transport/files/themes/passengers/news/doc/2016-06-10-better-enforcement-pax-rights/c%282016%293502_en.pdf

Furthermore, the Court52 has found that under Article 5(3) of the Regulation, an air carrier can be required to organise its resources in good time so that it is possible to operate a programmed flight once the extraordinary circumstances have ceased, that is to say, during a certain period following the scheduled departure time. In particular, the air carrier should provide for a certain reserve time to allow it, if possible, to operate the flight in its entirety once the extraordinary circumstances have come to an end. Such reserve time is assessed on a case-by-case basis. However, Article 5(3) cannot be interpreted as requiring, as a ‘reasonable measure’, provision to be made, generally and without distinction, for a minimum reserve time applicable in the same way to all air carriers in all situations when extraordinary circumstances arise. In this regard available resources will generally be higher at the home base compared to outbound destinations thereby giving more possibilities to limit the impact of extraordinary circumstances. The assessment of the air carrier’s ability to operate the programmed flight in its entirety in the new conditions resulting from the occurrence of those circumstances must be carried out in such a way as to ensure that the length of the required reserve time does not result in the air carrier being led to make intolerable sacrifices in the light of the capacities of its undertaking at the relevant time.

PS couldn't post links as I am a new user

Tyzap

Hi faisal07,

You haven't told us what happened or what the problem is.

No-one here can help or advise without some details.

faisal07

Hi Tyzap,

I was replying to zonecrew, to say we were on the same flight and to point out the two points that might be relevant to his and our claim. you/or anyone else may be able to help clarify if that is the case.

So in essence the flight (EZY1821) was initially delayed due to a welfare incident, as a result we lost our slot, then the crew ran out of hours and then the airline was unable to get a replacement crew and cancelled the flight until the following day, with a a new flight number EZY9821. So would I be correct in saying that the airline cannot use the excuse that the welfare issue was the reason for the flight being cancelled and classed as an extraordinary circumstance. Given the extraordinary circumstances had ceased and we were waiting for a replacement crew, that the airline should have had provision for a replacement crew?

We were told that the flight had been cancelled at 9:50 (2hrs 50mins after scheduled departure time)

Best regards Faisal

ClaretPaul

Can anyone offer any advice on dealing with easyJet in order to get EU261 flight compensation?
The flight myself and my wife were due to return from Copenhagen to Manchester on was cancelled and had to stay in Denmark for three days until the next available easyJet flight
We were originally informed, via the easyJet app, that there was a delay (which turned into a cancellation) due to "a passenger requiring extra assistance on an earlier flight in plane's schedule".
Filled in the online form, but easyJet say we are not entitled to EU261 compensation because cancellation was due to thunderstorms at Manchester Airport.
Not satisfied with response, which came from a "do not reply" email address at easyJet.
Would appreciate any advice from anyone who has been successful in getting cancellation compensation from easyJet.

Tyzap

Hi ClaretPaul,

If that is their final position you can refer your case to AviationADR for an adjudicator to look into on your behalf.

Whether the cause was bad weather at Manchester or a previous passenger requiring assistance does not matter in this case. There is no way you should be left awaiting another Easyjet flight for three days. You should have been offered alternative flights on another airline and you should have been informed of this by Easyjet, along with all your other flight delay rights.

If you refer your case to AviationADR be sure to mention that Easyjet did not take 'all reasonable measures' to reduce the delay. Also mention that you were not correctly informed of you EU261 rights, if that is what happened.

Your costs and expenses incurred during the delay should all be refunded.

Good luck.

zonecrew

Thanks for the reply Faisal

Yes, I agree with you and I have stipulated this myself to ADR aviation in my appeal. Easyjet have claimed it was a welfare incident however I have disputed this and indicated in my appeal that I believe it was down to Crew Shortage.

Are you using Bott & Co or are you also using ADR? My appeal has been accepted by ADR so I am now waiting for Easyjet to indicate if they will challenge it (which I expect them to do)

faisal07

Hi zonecrew,

Clam rejected as expected, I'll have to go through the same process as you. Adjudicator and then possibly small claims court. No immediate plans to use a claims company yet. This is the reason they give.

Our assessment of your claim
To further explain what happened on the day; due to a passenger welfare issue your aircraft had to return to its parking stand. This caused a delay on your fight which led to the crew not having enough legal hours to operate to Antalya. There are strict industry wide rules on the number of hours our crew are allowed to work. To protect the safety of our customers and crew, these hours cannot be exceeded. As a result your flight was overnight delayed. 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 higher than expected levels of disruption to our network meant that our replacement crew and spare aircraft had already been deployed.

Justice13075

!!DO NOT USE A CLAIMS COMPANY!! Only use a solicitor as they are regulated.