Flight delay and cancellation compensation, Easyjet ONLY

Sheepdemon

JPears wrote: »

hi sheepdemon. my interpretation of the regulation is that unless the flight was anticipated to be delayed for more than 5 hours, you are probably not due compensation as a no show for the flight.
You should be due a refund though.

I was there though. I checked in, my boarding pass was scanned at the airport, its just that the flight was no longer required due to being massively delayed. Is there a specific part of the regulation that covers this?

Edit : the regulation seems to state that a person is eligible 'if that person has arrived in time for check in as indicated on the ticket or communicated by the airline' - I can prove I did this. Does this not qualify me for compensation?

JPears

The crux is the flight was delayed, not cancelled.
Originally, the regulation didn't cover compensation for delays. This was only confirmed/modified later in the Sturgeon case.
So the regulation does not specify at what time/delay compensation becomes due after the scheduled arrival time.
however I believe this may have been clarified at a later date, to 5 hours? Others may know better.
Do you know how late your flight actually was in arriving?

Sheepdemon

Hi JPears, flight was due to arrive in Bristol at 09:55 according to the flight plan, checking FlightAware it actually landed at 14:02, so a delay of 4+ hours. Easyjet just state that as I didn't travel I'm not entitled to compensation, and as its less than 5 hours I'm not entitled to a refund.

Missymoo2

Is a claim more likely to succeed through bott&co rather than fighting it myself?

Thank you

legal_magpie

Missymoo2 wrote: »

Is a claim more likely to succeed through bott&co rather than fighting it myself?

Thank you

This isn't really the right question. The Court or adjudicator will decide the case on the facts and the law. Bott and Co are experts in this field and if the case is won, you will have to pay them a slice of your damages on the basis that they do all the work and carry the risk. On the other hand, if they decide that you haven't got a case it is still open to you to pursue it on your own. Finally, if they take the case and lose, you pay them nothing.
So the real question is whether you feel confident about pressing the case on your own given that EJ seem to have done all they could.
If not, I would go with Botts because winning, say, two thirds is better than getting nothing. It's a bit like insurance. We all pay buildings insurance Year after year but how many of us have substantial claims?

Missymoo2

Many thanks so far with all your advice.

I filled in the claim form on the website and its no surprise they have declined the claim, see reply below.

EU261 Compensation Claim Assessment
Claim received: 10-10-2019
Flight Number: 1808
Flight Date: 07-10-2019
Scheduled Departure Airport: DBV
Scheduled Arrival Airport: MAN
Claim decision: Declined
Decision summary: We're sorry that your flight to Manchester was delayed overnight. 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 Xxxxx,
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; crosswinds over Dubrovnik airport meant that the inbound aircraft was below legal limits to be able to land. As a result the aircraft had to divert to Split airport. As weather conditions were not forecast to improve for some time, we we're unable to operate the flight and had no option but to overnight delay your 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, these options were not possible as the overnight delay was a direct result of adverse weather conditions.


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.


Kind regards,

I have done a check on Bott and EUclaim and both have come back saying there may be a claim so is my next step to ask for a deadlock letter?

Also when taking it to adjudication do I have to find information on whether other flights were landing and taking off to add to my case (I believe some did)
I believe after the incoming flight failed to land and had to divert they could not provide the aircraft a couple of hours later when the wind had subsided ( it was really calm when we were boarding coaches) as the crew would have worked too many hours. It was confirmed on the flight home it was the same crew and pilot as the evening before.

Many thanks once again.

JPears

I think your basic arguement is that the high winds did not affect your flight so no ec.
However this is a grey area.
If you go through CEDR I don't think you can be expected to provide evidence for other aircraft flying (which may have different flight specs/capabilities)
I'd be tempted to go thru Botts and hopefuly get 2/3rds of something.

legal_magpie

I agree with J Pears.

Missymoo2

Thanks everyone!

Started claim with Bott.

I will let you know the outcome.

Dalglish

I had an EasyJet flight cancelled on our return from Crete and the airline flatly refused to refund an alternative flight citing ATC software issues and bad weather.
I took my case to https://www.aviationadr.org.uk/ who said I had a good case and I’m pleased to say I won, despite EasyJet claiming I had not provided proof of purchase for an alternative rerouting with Tui that cost £630 for the 3 of us. Boarding passes, luggage tags and the actual Tui invoice put to bed this feeble EasyJet attempt to avoid refunding my costs.
The key point that led to ADR judgment rule in my favour was I had all evidence including screen grabs of the EasyJet app showing the earliest flight home they could offer was FOUR days later. The CAA quoted on MSE says airlines should make a reasonable attempt to repatriate passengers.
So today, 2 weeks after EJ should have abided by ADR as they are bound to, I’m told by this adjudicator, I’ve had to escalate a second time as EJ look like they’re not going to pay my costs anyway. Next step? Small Claims court?
Any helpful suggestions welcomed thanks.