Flight delay and cancellation compensation, Easyjet ONLY

marks87

Many thanks for this reply.

111KAB wrote: »

As EZY5252 is showing a 313 minute delay at times prior to the EZY5255 LGW>FCO flight (which shows a 342 minute delay) it looks fairly obvious that the delay problem with your flight was, as you say, a knock on from the previous delayed/substituted flight and indeed I suspect the bird strike (although Aviation Herald does not confirm this) happened on the previous flight. As you are aware a knock on does not exempt the airline and indeed they should have sourced a plane from their considerable resources to fly you to FCO within the 3 hour threshold. The fact that it took them nearly double this time period is clearly not acceptable.

Would you suggest pursuing based on their inability to source a different plane, or continue with them having claimed "technical fault"? Or both?

I would still seek the assistance of the CAA to confirm the case. Generally I regard the CAA as about as useful as a chocolate teapot however even they should find it difficult to defend the airline's position given that it would appear the problem did not occur on your flight.

So do the CAA keep records of delays?

Apologies if it's an obvious question, but this whole thing is new to me.

The other main factor to consider and remember is that a technical problem does not equate to an extraordinary circumstance.
Do a bit more research, look into the aircraft registrations etc and you may be able to discover more 'evidence

Again, apologies if obvious, but how do I go about this?

but I think I would be sending EZY a NBA giving them 14 days notice of Court action but only go this route if you 'mean business'.

I live in Scotland, so if I were to take the court route, where would I lodge the claim? Dundee Sheriff Court (where I live) or Luton County Court (where EasyJet are based)? And does it make a difference due to the separate legal systems?

Edited to add: something else that occurred to me - it was a a business trip that I claimed on expenses. Would it be worth my while mentioning this in a reply to EasyJet, saying that I'll have no hesitation in directing the claim to the legal department of my employer? My intention had been to keep this private (which is allowed under the way our expenses work) but if putting into the system of a reasonably large organisation could carry weight, I'd be happy to do it on a point of principle, if nothing else.

shrewd

richardw wrote: »

They'll argue that they aren't passengers, are they named in your booking or just listed each as an infant?

They are named in my booking. They seem to agree that they are passengers just not full fare paying.....Below is their response to my claim:

Thank you for your e-mail.

I can confirm that only full fare paying passengers are entitled to receive compensation. Infants travelling on adults laps are not entitled to EUC.

As they did not pay the full fare but only an infant fee and this excludes them from receiving benefits under 261 (article 3.3). This Regulation shall not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public. However, it shall apply to passengers having tickets issued under a frequent flyer programme or other commercial programme by an air carrier or tour operator.


Regards

Myrlene
easyJet Customer Services

stavros42

shrewd wrote: »

They are named in my booking. They seem to agree that they are passengers just not full fare paying.....Below is their response to my claim:

Thank you for your e-mail.

I can confirm that only full fare paying passengers are entitled to receive compensation. Infants travelling on adults laps are not entitled to EUC.

As they did not pay the full fare but only an infant fee and this excludes them from receiving benefits under 261 (article 3.3). This Regulation shall not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public. However, it shall apply to passengers having tickets issued under a frequent flyer programme or other commercial programme by an air carrier or tour operator.


Regards

Myrlene
easyJet Customer Services

This is easy jet taking the proverbial. The regulations apply to everyone regardless of age and whether they pay 1p or £100. Issue an LBA for the infants.

shrewd

Thanks. I issued one to their customer services on Fri.

Vauban

shrewd wrote: »

Thanks. I issued one to their customer services on Fri.

Article 3.3. "This Regulation shall not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public. However, it shall apply to passengers having tickets issued under a frequent flyer programme or other commercial programme by an air carrier or tour operator."

As the reduced infant rate is available to the public (obviously) it is clear that 3.3 provides no exemption. Take them to court and watch them fold.

Aedus

Curious, what would the stance be if the Airline claims that infants did not pay a fare and essentially traveled free, but there was an "Admin fee" to add them to the adults booking (or something similar)?

stavros42

Aedus wrote: »

Curious, what would the stance be if the Airline claims that infants did not pay a fare and essentially traveled free, but there was an "Admin fee" to add them to the adults booking (or something similar)?

"This Regulation shall not apply to passengers travelling free of charge. An admin fee would not be free of charge.

111KAB

marks87 wrote: »

Would you suggest pursuing based on their inability to source a different plane, or continue with them having claimed "technical fault"? Or both?

Both. Firstly point out that a technical delay does not equate to an extraordinary circumstance and in any event they should have used their resources to obtain a flight for you either on one of their (considerable number of) planes or via another carrier.

marks87 wrote: »

So do the CAA keep records of delays?

Yes but the main factor here is the CAA SHOULD ask the airline for evidence regarding why YOUR flight was delayed.

marks87 wrote: »

Again, apologies if obvious, but how do I go about this?
I live in Scotland, so if I were to take the court route, where would I lodge the claim? Dundee Sheriff Court (where I live) or Luton County Court (where EasyJet are based)? And does it make a difference due to the separate legal systems?

Suggest you look through the various threads as there are plenty of posts where people are/have claimed in the Scottish Courts. Simple answer though is Dundee.

marks87 wrote: »

Edited to add: something else that occurred to me - it was a a business trip that I claimed on expenses. Would it be worth my while mentioning this in a reply to EasyJet, saying that I'll have no hesitation in directing the claim to the legal department of my employer? My intention had been to keep this private (which is allowed under the way our expenses work) but if putting into the system of a reasonably large organisation could carry weight, I'd be happy to do it on a point of principle, if nothing else.

No just pursue yourself.

stavros42

I live in Scotland, so if I were to take the court route, where would I lodge the claim? Dundee Sheriff Court (where I live) or Luton County Court (where EasyJet are based)? And does it make a difference due to the separate legal systems?
[/QUOTE]

I have successfully made a claim through Dundee Sheriff Court, if you need any assistance with your documentation just PM me.

shrewd

This is what I wrote to easyjet:

Hi Myrlene,
You seem to be saying an infant is not entitled for compensation for the following reason:

1)Only full fare paying passengers are entitled.

Firstly an infant does not pay a reduced fare, rather the full fare charged for an infant.
Secondly the fare an infant pays is available to the general public.

I have taken legal advice and been advised that, as the law states (article3.3):
"This Regulation shall not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public."
An infant is due compensation as a full fare is paid for an infant. Secondly the fare paid is available to the general public.
I will commence legal action to recover the outstanding compensation due for the 2 infants + costs unless you pay out within 14 days.

They replied:

Thank you for your patience.

I am sorry that you are disappointed with us regarding the EU compensation which was paid for the disrupted flight.

We at easyjet pay compensation for disrupted flights only if the reason for the disruption is within our control termed as 'Non-extra ordinary'. This can be paid only for full fare paying passengers. If the infant books a seat as a child and travels on the flight, the EU compensation can be payable. The infant charge of £20 is charged for the infant to be carried on an adult's lap for which we do not compensate. This is inline with our policy and EU regulation as well.

I understand Mr xxxx that this is not the answer you are expecting from us, however I will not be able to assist you further regarding this.

Once again, I am sorry for the disruption that was caused to your flight and I hope that this does not deter you from flying with us.

Yours sincerely

Amit Modak
easyJet Customer Services Supervisor

Do I need to issue the head office with a NBA or can I just proceed with the court action?