Flight delay and cancellation compensation, Easyjet ONLY

822445

Hi, I am new to this site and I was wondering if anyone could kindly offer me some advice as to what I should do next.

Myself and my 4 year old son were delayed just under 7 hours on the 02/06/13 travelling back from Alicante to Manchester. We all boarded the plane and were asked to disembark as the pilot wasn't prepared to fly the plane back. We then had to wait for a new plane to be flown over to us from Luton. I received an email from EasyJet a few days later confirming the flight was delayed due to 'Technical Difficulties'

I contacted Easy Jet using the letter template on this site to request our compensation due to the delay.

Easy Jet responded as follows:

Thank you for contacting easyJet.

I would like to sincerely apologise for the long delay in responding to your email. This has been caused by high volumes of emails that we have received as the result of recent Air Traffic Control strikes across Europe. We can assure you that this is not of our usual standard.

I am very sorry to hear that your recent flight was delayed. We work hard to provide you with a punctual and efficient service and make every effort to minimise flight disruption so that we can get you to your final destination as quickly as possible. I understand that the delay you suffered was frustrating and inconvenient for you.

As you will remember from our Terms and Conditions, when your flight is delayed for more than one hour beyond its scheduled departure time, if you do not wish to travel on the delayed flight you can choose a free re-route on the next available easyJet flight or you can cancel your seat and receive a credit for future flights with us. I understand that you chose to travel on the delayed flight. For this reason, I am afraid we cannot offer you any compensation.

You may be able to claim back the costs of any additional expenses as a result of this delay though your travel insurance. Thank you for taking the time to get in contact with me and let me apologise again for the inconvenience. I understand how frustrating it must have been for you.

I hope this experience will not stop you from using our services in the future.



I responded to them advising that no one from EasyJet had offered us any choice other than to wait for the next plane. I advised I was still pursuing my claim.

Easy Jet responded again:

I do understand that, whenever a flight is delayed more then 3 hours, than only a passenger is entitled for a compensation under EU regulation 261/2004, only if the flight is delayed due to the airlines fault.

In your case, the flight was delayed due to technical reason and some situation like that is considered, under our Carrier's Regulations and European Law, to be outside our reasonable control. For this reason, I am afraid we cannot offer you any compensation.

You may be able to claim back the costs of any additional expenses as a result of this delay though your travel insurance. Thank you for taking the time to get in contact with me and let me apologise again for the inconvenience. I understand how frustrating it must have been for you.

What is my next step? Am I flogging a dead horse? Am I entitled to compensation?

Thank you all in advance for any advice / help you can offer me!! :-)

x

richardw

Have a good read of other posts in this thread.

822445

richardw wrote: »

Have a good read of other posts in this thread.

Thanks

I have read through the other posts, I was hoping for more specific advice to the response I had received from Easy Jet and what my next step would be.

romanby1

822445 wrote: »

Thanks

I have read through the other posts, I was hoping for more specific advice to the response I had received from Easy Jet and what my next step would be.

They are giving you the usual crap. In this instance given by EC. 261/2004 over rides any terms and conditions they may wish to try and impose.
In fact terms and conditions cannot over-ride Statuary Law.

richardw

822445 wrote: »

..I have read through the other posts, I was hoping for more specific advice to the response I had received from Easy Jet and what my next step would be...

Are you prepared to start a small claim against easyJet?

822445

richardw wrote: »

Are you prepared to start a small claim against easyJet?

I certainly am

Would that be via MCOL?

111KAB

822445 wrote: »

Would that be via MCOL?

MCOL certainly easier and a little cheaper. Good luck.

richardw

There's a lot of excellent information in this thread and in these forums, to be successful you'll have to spend a lot of time reading and studying these forums and making notes. You'll also need to be tenacious.

blondmark

822445 wrote: »

As you will remember from our Terms and Conditions, when your flight is delayed for more than one hour beyond its scheduled departure time, if you do not wish to travel on the delayed flight you can choose a free re-route on the next available easyJet flight or you can cancel your seat and receive a credit for future flights with us. I understand that you chose to travel on the delayed flight. For this reason, I am afraid we cannot offer you any compensation.

Oh wow! I haven't seen that one before - that's seriously crooked!

romanby1

blondmark wrote: »

Oh wow! I haven't seen that one before - that's seriously crooked!

Terms and conditions cannot over-ride statutory law. If you were delayed over 3 hours you are able to claim. They will no doubt put objections in your way, but someone on this site may know where tro find the info to quote chapter and verse. Google Unfair Contract Terms Act 1977