Flight delay and cancellation compensation, Easyjet ONLY

eskbanker

Jsab said:

They offered alternative flight 2 days later or she could go from Munich the next day. She still missed a days work and they are refusing to pay any compensation ….

'Compensation' has a very specific meaning within the regulations and relates to the fixed-tariff payments made to reflect inconvenience, etc, when flights are cancelled or delayed, except where the root cause is extraordinary circumstances beyond the airline's control, such as particularly bad weather or ATC restrictions.

The airline has no liability to make payments for lost working days or the like though.

Caz3121

Jsab said:

To further explain what happened on the day; air traffic control restrictions substantially regulated the air space due to weather and staffing issues, which resulted in long delays to flights as aircraft waited for air space ‘slots’ to operate, sometimes for several hours. We had no option but to cancel 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. However, in the circumstances, these options would not have helped as your flight was cancelled due to air traffic control restrictions."

The cancellation wasn't due to air traffic strikes. 

their response does not state it was due to air traffic strikes...is says air traffic restrictions. What do you believe the reason for the cancellation to be? - it needs to be within the airline's control to qualify...eg technical issue with aircraft.
Has your daughter checked her travel insurance policy to see if it has anything for delays...some have token amounts for delays over 12 hours.

Westin

Jsab said:

They offered alternative flight 2 days later or she could go from Munich the next day. She still missed a days work and they are refusing to pay any compensation ….

Correct then. No Compo, No claim for lost wages at work. 

See eskbanker’s reply above for what can be claimed.

Tinybubble

Hi, I wonder if anyone can help/point me in the right direction.

my husband was due to fly to faro 2 weekends ago. The flight took off and they were in the air 45 mins when it had to land back at Glasgow due to a ‘catastrophic engine failure’. They were told a replacement flight would be put on for them after sitting on the plane for a couple of hours after it landed. That then changed to the replacement flight will now be tomorrow (Saturday) at 1.30pm (the original flight was 5pm on the Friday). They were advised hotel accommodation would be made available for them. 

Due to the rescheduled flight time, it was no longer worth my husband going as his returning flight was due to be 15 hours after the new arrival time. 

A few of his friends continued and got the flight the next day. They have been successful in claiming £350 compensation however my husband, who never got to go due to the engine failure and subsequent rescheduled flight, had been told he is not eligible for compensation. 

Can anyone help us get compensation/advise what he is entitled to if not compensation? 

Thanks! 

mdann52

Did he claim a refund for the flight? If so, he may not be eligible for compensation.

Was the flight formally cancelled, or was it just delayed for 24 hours?

Tinybubble

mdann52 said:

Did he claim a refund for the flight? If so, he may not be eligible for compensation.

Was the flight formally cancelled, or was it just delayed for 24 hours?

Hi! He didn’t claim for a refund, he only went down the compensation route and submitted that form. (From memory he had to tick a box about not claiming for a refund for the flight.)

The flight was delayed rather than formally cancelled. 

mdann52

Tinybubble said:

mdann52 said:

Did he claim a refund for the flight? If so, he may not be eligible for compensation.

Was the flight formally cancelled, or was it just delayed for 24 hours?

Hi! He didn’t claim for a refund, he only went down the compensation route and submitted that form. (From memory he had to tick a box about not claiming for a refund for the flight.)

The flight was delayed rather than formally cancelled. 

Ok, so he's got himself in a mess here then! 

If he didn't travel, I dont think UK261 allows him to claim delay compensation, as it's the time of arrival to the final destination that matters here:

> In case of a delay of three hours or more in reaching the final destination, the passengers concerned have the right to compensation laid down in Article 7.

This is a post-brexit change, so the case law in the EU around this area may or may not apply.

He can get a refund of the flights, but any additional compensation is going to be very difficult, at least without a lengthy court battle

Tinybubble

mdann52 said:

Tinybubble said:

mdann52 said:

Did he claim a refund for the flight? If so, he may not be eligible for compensation.

Was the flight formally cancelled, or was it just delayed for 24 hours?

Hi! He didn’t claim for a refund, he only went down the compensation route and submitted that form. (From memory he had to tick a box about not claiming for a refund for the flight.)

The flight was delayed rather than formally cancelled. 

Ok, so he's got himself in a mess here then! 

If he didn't travel, I dont think UK261 allows him to claim delay compensation, as it's the time of arrival to the final destination that matters here:

> In case of a delay of three hours or more in reaching the final destination, the passengers concerned have the right to compensation laid down in Article 7.

This is a post-brexit change, so the case law in the EU around this area may or may not apply.

He can get a refund of the flights, but any additional compensation is going to be very difficult, at least without a lengthy court battle

Thank you for your help!! Is it not just a case of replying to the easyJet email telling him he is. It eligible for compensation and asking for a refund? We couldn’t find a separate form re refund of flight so not sure if there is one. 

Tinybubble

Sorry horrendous amount of typos there! What I meant is - is it now just a case of replying to the easyJet email telling me he isn’t eligible for comp and asking for flight refund? 

Lost_in_translation

Hoping one of you well-informed people can help:
A German friend set off from Berlin last night for a flying trip to the UK - four nights*, one in Edinburgh, the rest with me. Sadly, her EJ plane was struck by a bird. They were all safely (although some in distress) returned to Berlin, and she was rebooked for today, which she accepted as she was hoping to salvage something.
Today, her flight was already listed delayed by over an hour this morning, nearly 8 hours before departure. She's now decided not to fly.
I was hoping she could claim on travel insurance for loss of accommodation in Edinburgh and the train fare, plus something for the flights, although clearly bird strike is not EJ's fault. Unfortunately she had minimal insurance (lost luggage only). A false economy, obviously, but now is not the time for me to lecture her. I'll discuss it with her when things are less raw.
Do any of you know the position with EJ refunding or issuing vouchers? I don't think Germans have the same advantages to paying with credit cards, but I'm going to find out (unless one of you knows already and can save me the time).
Thanks for any help.
*PS I thought this short a trip was nuts, but she really wanted to get away.