Flight delay and cancellation compensation, Easyjet ONLY

Lucky27_2

I have a complicated claim so am hoping for some assistance.

Before we flew we were told about a 'technical issue' at Larnaca airport which meant that an engineer would need to do at least an hour of checks, 15 minutes later the checks had been completed and we were boarding. 1 hour late take-off.

We took off ...

10 minutes into the flight someone became ill and they asked for a doctor, nurse etc. After this it was decided we would take a detour to Athens to get medical assistance but on our approach we powered back up and aborted our landing. After circling for an hour and announcements like 'cabin crew manager to the flight deck immediately', secret cabin crew meetings behind curtains. Seriously worried cabin crew white as a sheet were franticly running around putting everything into overhead lockers, checking people by the emergency exits knew how to open the doors we had an announcement. "Please don't be alarmed but due to technical issues when we land at Athens we will be followed down the runway by the emergency services. (He wasn't kidding, 10 or 12 firetrucks, ambulances, police the whole lot all along the runway at evened spaces and then they followed us and circled us when we finally stopped.) Medics came on for the ill people (by this point we had people fainting, being sick, crying so much they were having panic attacks.

Anyway, an engineer came and said the plane wouldn't be going anywhere for some time and we were eventually put up in a hotel for the night (no water or food but that's another matter).

The next day we were rescheduled to fly at 13:10 but were delayed until 16:40 due to airtraffic control problems (7th Decmeber).

Now I'm home I have discovered we had an emergency landing due to a complete brake failure. We weren't stopping because of this that was because of a passenger requiring medical assitance (panic attack thankfully and not a heart attack).

My questions are:

Can I find out if the engineer at Larnaca that only took 15 minutes to check the 'technical issue' was looking at the brakes? In which case we may have been endangered due to their incompetence?

We were rerouted because of a medical issue, delayed because of a technical issue and cancelled because of the brakes. What can I claim?

Can I claim because of the cancellation or is it not the right circumstances?

Can I try a claim for both flights or because it was rescheduled is it classed as 1 flight?

Any help welcome, thank you.

Morsicatio_2

Vauban wrote: »

My dear friend,

Listen up. Let me quote a wise man (he claims to be a man, though he could be an insect): "This will not be a simple letter writing exercise."

If you want your money, taking the airline to court is not "an option" - it is your only option. Man up and bite the bullet, or walk away. The choice is yours. But quit the missives: they ain't worth the paper they (aren't) written on.

Vauban

Well, better late than never, I suppose...been a while, but I lost my login details. Just a little update.

CAA have replied with the following:

Thank you for your patience with us while we investigated your complaint about the delay of flight EZY7193 on 27/06/12. During our investigation we received information from Easyjet about the flight concerned, which we have considered in the light of guidance from technical aviation experts from our Safety Regulation Group, who have wide-ranging expertise in aircraft engineering and flight operations. After considering all the evidence available to us, it is our view that the delay of flight EZY7193 is of a type which means that the airline does not need to pay compensation. It appears from the documentation provided that there was a power cut in the airport where the aircraft scheduled to fly your flight was flying from and a replacement aircraft had to be brought in, which means that, under these specific circumstances, the delay was beyond the control of the airline and could not have been avoided. It is our view therefore that this cancellation falls under the ‘extraordinary circumstances’ exception of EC261/2004 (the Denied Boarding Regulations). As such, it is our view that you are not entitled to compensation in this case.
Unfortunately we are unable to take your case any further on the compensation part of your claim. Our view that, in this case, the delay was due to extraordinary circumstances is based on the evidence provided to us. It is not legally binding on the airline and only relates to the flight concerned. I understand that this may be disappointing for you. You do still have the option of going to county court but, in our view, we believe that the airline has a strong case not to pay compensation and, as such, it is for you to decide whether you wish to pursue this further. You can find information on how to take court action at www.hmcourts-service.gov.uk or you could contact your local library or Citizens’ Advice Bureau.

In light of that information, would you still advise court action? Sorry to drag this out a little bit, but it did take a bit of a back burner. Apologies, and thanks for your help in advance.

Cheers:beer:

111KAB

Morsicatio wrote: »

It appears from the documentation provided that there was a power cut in the airport where the aircraft scheduled to fly your flight was flying from and a replacement aircraft had to be brought in...

So your plane could not fly as there was a power cut (this could be deemed to be extraordinary) however they procured another plane which was able to fly. What did EJ say was the reason for the delay as the CAA response doesn't make sense as they should have sorted this well within the 3 hour threshold particularly as your flight was from the UK. Can you find out where the power cut (ie which airport) was and how long it lasted for?

jack_and_jill_2

We have been reading your forum for quite some time and decided to make a claim against EasyJet for a flight that was delayed for some 21 hours back in August 2008.
Earlier this year we wrote to Easyjet making our claim and got no response, we followed up with a second letter but again got no response.
We have now made a Small Claims Track Court application and have just received Easyjets defence.
The claim relates to a flight from Manchester to Paphos on 31 August 2008 which was eventually cancelled due to technical problems and which was replaced the following day by a chartered Titan Airways flight which eventually landed at Paphos 21 hours late.
We also claimed for the failure to provide transport to and from the overnight stay hotel, the failure to provide or offer any food or drink during the first four or so hours of the delay, the failure to offer or provide any food or drink the following morning prior to the 11.00 take off time and the failure to have any food available on the flight to Cyprus.
The defence is quoting The Montreal and Warsaw Convention to say that the claim is out of time, the extraordinary circumstances beyond our control point and a further defence saying that they are the contracting air carrier and not the operating air carrier who are the party responsible for the claim.
We have not seen this latter point mentioned in your forum but possibly think that the involvement of Titan Airways as the replacement carrier has given Easyjet a chance of using this defence. We obviously had no direct contract with Titan so possibly this is another intimidating smoke screen.
If anyone has an opinion on the subject or wants any further information I will respond as appropriate.

Cheers

Jack and Jill

richardw

Titan Airways have operated their own aircraft in full easyJet livery for easyJet in the recent past, did the aircraft that you travelled on have Titan or easyJet livery?

Caz3121

You would be better posting this on the easyjet thread

jack_and_jill_2

The Titan Airways flight was operating in its own black livery.

You are correct about using the Easy jet thread. Can I move the existing message to this thread? if so do you know how?

Thanks

Jack and Jill

Mofojojo

I am looking for a bit of advice on my flight which was delayed on Friday night. My friend and I were flying from Belfast to Manchester and after going through security with hand luggage, discovered that our flight was delayed for an hour and 40 minutes. As time went on, this increased and as a result we were approximately two and a half hours delayed. We were given £3 vouchers for food, however at this stage only Starbucks and the bar was open which limited what you could buy.
Eventually we boarded the plane to realise a number of people had used the delay time to have drinks in the bar. This resulted in a number of very rowdy people who were warned by the staff to calm down and be quiet because they were upsetting others and caused a further delay etc. we were informed by the pilot there had been problems with the plane earlier in the day which caused our flight to be delayed. we eventually took off and were told we would arrive at 00.13, just under 3 hours delay.
We arrived in Manchester to be told that the technical problem had happened again and the pilot was not able to let us off the plane as he couldn't shut down the engines as normal. As a result we then had to wait on huge plane for another approximately 20 minutes until the door opened, while listening to the rowdy people complain that they wanted off. We we're at the back and one of huge last to exit the plane arriving in the terminal at 00.40. 3 hours 20 mins late.
According to Easyjet.com, we arrived at 00.13, flightstats.co.uk say 00.20, does this seem like we would have much of a case for compensation as the flight appears to have landed before 3 hours but we were unable to depart due a problem they already knew about?
Any advice would be appreciated.

CobyBenson

I think this is going to be a tricky claim.

Manchester Airport reported the flight as landing at 00:20, i.e. EXACTLY 3 hours after the scheduled arrival time.

Legally, the right to compensation kicks in at 3 hours, so that's not a problem. Also, the arrival time should be judged from when the aircraft came to a standstill, not when the wheels touched down.

I suspect easyJet will argue (in addition to extraordinary circs) that the flight landed less than 3 hours late.

Your problem's going to be that easyJet's computer systems automatically record the landing times and I reckon a Judge would always favour EJ's evidence over flightstats for example.

len49

Hi Coby

Just been reading your advice posted at 2.45 today.

On another Easyjet related matter I would appreciate if you could tell me how to get a hard copy of the actual Court Ruling in the weather related Jager v easyJet at Macclesfield County Court on 16 September 2013. I have lots of newspaper and website downloads but I believe that a copy of the Court Judgement would be required to convince another Court.

I posted on the Thomas Cook thread last Friday about my deferred Proof Hearing last week. My delay was subject to two events. The first being a 5.5 hour delay the result of a knock-effect of adverse weather effecting a preceding flight and then a technical failure at the revised take-off time resulting in a further 11 hour delay. Unfortunately, the Sheriff overruled my objections and allowed a deferral (Huzar) even though last week we were re-convening having ran out of time to complete on our day in court in September last.

The Jager v Easyjet judgement document could be very helpful to me if and when we ever get back in court again

Thanks in advance

len49