Flight delay and cancellation compensation, Easyjet ONLY

David_e

[QUOTE=jameswilkinson81;64295547Any_advice_you_can_lend_me_on_if_I_have_a_case_and_if_so,_how_to_follow_up,_would_be_greatly_appreciated._[/QUOTE]

Read the FAQs where you will find everything you need.

Also have a look at the Easyjet thread; it's helpful if a new thread isn't created by every poster as it makes it very difficult to navigate.

111KAB

jameswilkinson81 wrote: »

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

1) Read FAQ's on Page one of Easy Jet thread
2) Do not start your own post specific to your problem/flight
3) If you feel your question has not been answered on EJ thread then post there.
4) NBA then court action either under your own steam or by using a NWNF is the 'normal' route if you feel you have a case.

David_e

fifeken wrote: »

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.

That's not what HHJ Platts said: " Whether it was ... as a result of a warning light during flight (as in the present case) seems to me to be irrelevant. The reality is that once a technical problem is identified it is inherent in the normal activity of the air carrier to have to resolve that technical problem."

Why should the timing of the identification of an issue be relevant? Wallentin says "a technical problem in an aircraft which leads to the cancellation of a flight is not covered by the concept of ‘extraordinary circumstances’ within the meaning of that provision, unless that problem stems from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned".

I have no doubt that the airline may seek to make something of it but I'd stick to the law.

jcbeep

Hi all, I sent the template letter to Easyjet, following Caz3121's helpful posts (on 6 Jan).

They are blaming the weather, and responded:

"I confirm that due to bad weather conditions on 23rd December 2013 many aircraft were diverted from their original destination. Hence, we were unable to operate those aircraft as per schedule the next day, which resulted in the cancellation of your flight. Such a situation is considered as an 'Extraordinary Circumstance' as it is beyond our control. Hence, as per EC regulation 261/2004 unfortunately, we are unable to offer any compensation to you."

Is there anything else I can do, or just forget about it, and be thankful I was able to get to Scotland despite their best efforts to foil my plan!

Thanks in advance.

Vauban

jcbeep wrote: »

Is there anything else I can do, or just forget about it, and be thankful I was able to get to Scotland despite their best efforts to foil my plan!

Thanks in advance.

The Regulation is clear that weather is only extraordinary if it affects "the flight concerned" directly.

Is there anything you can do about it? Yes. Take them to court yourself, or instruct a NWNF lawyer. (see FAQs on page one for further details.)

Should you forget about it? Entirely up to you - but I'd want my compensation if I were in your shoes!

jcbeep

Thanks Vauban, appreciate your input. I will go back to them, and post the outcome (or a further request for assistance!)

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

Vauban

You put up this same post yesterday, and two people gave you good pointers. I won't add to what they said.

Caz3121

here is a link to your duplicate post - https://forums.moneysavingexpert.com/discussion/4862113

If you read the answers people have posted you will not need to post the same question again

dandoyle

Hi,
I am sat at home after my flight this afternoon to Liverpool from Jersey was delayed until tomorrow morning. Easyjet said, while we were at the gate, the inbound flight could not land and had to return to Liverpool because of low cloud. I received a text to say it was delayed because of weather yet every flight before and after landed on/before, or with delays of only minutes.With no other cancellations for arrivals or departures for 40 flights each.

From your thread I think I have a reasonable chance of compensation but my query is that the flight was departing from Jersey, Channel Islands - Jersey is not in the EU. Can I claim?