Flight delay and cancellation compensation, Easyjet ONLY

jcbeep

Hi there

Firstly, I really apologise if a similar query has previously been answered.

I wonder if you can help:

I discovered via Easyjet / airport websites around 12:00 on Xmas Eve that my flight (scheduled departure 17:20 same day) had been cancelled. My return flight (Boxing Day) from a different airport was not affected, and as it was a different airport, was not eligible for a refund.

So, I managed to get a flight with a different airline, from a different airport (and it was only when I landed that Easyjet informed me of the cancellation!)

I have never had to make a claim before, and am finding the airline website not particularly helpful - I'm sure they don't want to make it too easy for passengers to get money from them!

Might I be eligible for compensation? I want to claim a refund for the cancelled flight, but would not want to disqualify myself from compensation, if I have to do that at the same time?

Can anyone help? I would really appreciate the assistance! And if you need any more information, please let me know.

Many thanks.

Caz3121

jcbeep wrote: »

I discovered via Easyjet / airport websites around 12:00 on Xmas Eve that my flight (scheduled departure 17:20 same day) had been cancelled.

What was the reason for the cancellation? was the flight departing from Gatwick?

jcbeep

Caz3121 wrote: »

What was the reason for the cancellation? was the flight departing from Gatwick?

Thanks for responding, Caz3121.

No reason was given, their email simply said "We are really sorry to inform you that your easyJet flight, 427 to EDI on 24-DEC-13 has been cancelled. We understand that cancelling your flight will cause you inconvenience and we are very sorry when things don't run as scheduled.

We always aim to provide the best possible experience when flying with easyJet, however from time to time situations arise which are out of our control. On this occasion we’ve been forced to take the decision to regrettably cancel your flight."

Is there any way I can find this out?

The flight was BRS - EDI.

Caz3121

Bristol Airport only had 3 flights cancelled on Xmas Eve - all Easyjet - 2 to Edinburgh and 1 to Paphos. With all other flights operating it does not sound like this was weather in Bristol (unlike Gatwick which had major problems on Xmas Eve)
Start with the template letter in the FAQs and make a claim for EU compensation of €250 for the cancelled flight. I think you can also claim a refund for the unused flight.
In theory Easyjet would have been responsible for rerouting you (possibly on the flight you managed to book) but you probably took the right approach by looking after yourself especially as it was Xmas Eve and lots of people trying to get home

jcbeep

Thanks so much Caz3121, I really appreciate the time you took to answer my questions.

tolly

Hi, the background is: My partner, son and I had a delayed flight with easyjet over the summer, EZY6981 from Edinburgh to Lisbon on the 28th July 2013, supposed to fly at 06.45. It was delayed over 12 hours due to what they say was an 'extraordinary circumstance.'
I have written once to easyjet asking for compensation (I used the templates from here and the cases cited in them), and then to the CAA after easyjet's initial negative response. I have received another response from easyjet after writing to the CAA, and they are still claiming extraordinary circumstances.
Their response says:
The EZY6981 suffered a Flight Control Elevator Fault right after departure and it had to return to stand to be repaired. The same issue recurred after a second attempt to depart from Edinburgh. Consequently, the G-EZUH registered aircraft, which was assigned to operate the concerning flight, was grounded for maintenance and the EZY6981 was performed by G-EZDI. The Flight Control Elevator is responsible for the longitudinal attitude (rise and descent) of the aircraft and without this navigation instrument the aircraft is not considered to be airworthy. As such, it is a flight safety issue that appeared just before the operation of the flight after having past successfully the maintenance tests.

I thought that under EC regulation 261/2004 a “technical problem of the aircraft” does not equate to an extraordinary circumstance. I was wondering if what they say does fall into the category of 'extraordinary'?

Another point I made in my letter to the CAA, was that the plane was but back into service later that day, but for a different route to ours, ie they could have got us there in under 12 hours, but it suited their scheduling and costs better to leave us there waiting for the replacement flight in the evening.

My next step is to send easyjet a NBA, but I was wondering after two refusals, if I might be better to involve a no win no fee solicitor before doing so as it might improve my chances of getting somewhere. Or should I send it first, await a response and then get a lawyer involved.

Thanks very much in advance for any advice, I wouldn't have had a clue about any of this without all your help already!

Vauban

tolly wrote: »

My next step is to send easyjet a NBA, but I was wondering after two refusals, if I might be better to involve a no win no fee solicitor before doing so as it might improve my chances of getting somewhere. Or should I send it first, await a response and then get a lawyer involved.

Thanks very much in advance for any advice, I wouldn't have had a clue about any of this without all your help already!

Tolly,

My advice is only write an NBA if you propose actually to take them to Court. It's not likely to have much effect by itself. If you're not going to do this yourself, send it off to a NWNF company without further delay.

Vauban

David_e

tolly wrote: »

I thought that under EC regulation 261/2004 a “technical problem of the aircraft” does not equate to an extraordinary circumstance. I was wondering if what they say does fall into the category of 'extraordinary'?

In a word "no", it doesn't.

This is my take:

http://forums.moneysavingexpert.com/showpost.php?p=63704354&postcount=4238

Crack on with legal action as Vauban suggests.

fifeken

David_e wrote: »

In a word "no", it doesn't.

This is my take:

http://forums.moneysavingexpert.com/showpost.php?p=63704354&postcount=4238

Crack on with legal action as Vauban suggests.

Doesn't the fact that the fault occurred after pushback change the "rules" somewhat?

It's something I thought I'd picked up from other threads.

jameswilkinson81

greetings moneysavingexperts,

I was hoping one of you might be able to lend me some advice on Easyjet compensation...

On 12.11.2013 mine and my families flight (there were 5 of us in total) from Marrakech to London Gatwick, with the scheduled departure time of 12:00 was delayed by 5 hours and didnt depart until 17:30.

There were no EasyJet staff on hand, just airport staff who whilst being as helpful as they could, gave us no real reason as to why the flight was delayed other than there was a fault. We were each given vouchers up to the value of 15 euros.

We landed back in Gatwick at 9:30, myself my sister and brother each missing a days work (as we're all freelance).

Upon getting back to the UK my father phoned Easyjet to ask about compensation and received the following response by email from their customerservice:

I apologise for the inconvenience experienced due to flight delay on your journey from Marrakech to London Gatwick.

"I reviewed your reason with regards to delay for flight 8894. I realised that due to cabin floor panel damage, a replacement aircraft was sent from London Gatwick to operate flight. The delay could not have been avoided as we had to wait for the replacement aircraft to arrive at Marrakech. As per EC 261/2004, these incidents are classified as 'Extraordinary' and not deemed for any compensation. Hence, as per EU law, I am sorry that I have to decline your claim for compensation."

I then wrote them a letter, taken from template on MoneySavingExpert compensation advice page. I received an email back firstly saying:

"I apologise for all the inconvenience you experienced due to the delay of your flight on xxth of November 2013. We work hard to provide punctual and reliable services. Unfortunately, sometimes there are occasions when we are unable to operate our flights as per our schedule.

Having reviewed our flight disruption report, I am unable to see a reason for the delay of your flight. For that, I have escalated your case to our Support Team. Please give us some time, so that an investigation can be done and a correct resolution will be provided. You will get a response as soon as we receive an update from our Support Team. Please make a note of your case reference number, xxxxxxxxx."


and then well over a month later i received another email:

"Thank you for giving us some extra time to response.

Having received an update from our Support Team, I am sorry we will be unable to pay any compensation for the delay of your flight on 12th of November 2013. Your flight was delayed due to technical issue which was out of our control. As per our terms and conditions situations like this are considered as extraordinary circumstances. Also as per European Union Law if the flight is delayed due to situations out of control a compensation is not payable.

Thank you for your support and co-operation."


It feels like the first excuse they gave my father cannot be considered 'extraordinary' and the second excuse doesnt even give a proper reason other than technical issue out of their control. Surely that cannot be deemed 'extraordinary' either?

The length was 1800 miles therefore I am seeking €400 per delayed passenger in my party. The total is €2000 for all passengers which is making me think that because it is such a large amount they are trying to fob me off?

Any advice you can lend me on if I have a case and if so, how to follow up, would be greatly appreciated.

Thanks

james