Flight delay and cancellation compensation, Easyjet ONLY

FTDH

Hi,

I once was on flight EZY3446 from Tallinn to Stansted. We were supposed to fly in the evening, but after sitting in the plane for 2h we were told that the door to the luggage compartment does not close properly. They tried contacting their engineer, but failed and then it was too late, because they told us he lived too far away.

We were then told to leave the plane and got a place in the hotel.

They declined my compensation request with the following two reasons:

• "Our records show that this flight was delayed and not cancelled."
• "'extraordinary circumstances' and so was outside the reasonable control of the airline."

How can they tell me that the flight was not cancelled if it flew on the next day over 12h later?

I replied:

Dear easyJet Customer Service,

It is my understanding that citing ‘extraordinary circumstances’ due to a technical reasons is not in itself sufficient to excuse you from paying compensation.

Could you therefore please explain what circumstances surrounding the technical reasons exempt you from paying compensation for the flight 3446 on

---

?

In response to "our records show the flight was delayed, not cancelled": We had to get off the plane, spend a night in a hotel and fly on the next day. The Sturgeon v Condor and Bock v Air France court casescourt cases have established that a passenger experiencing a loss of time equivalent to three hours or more at the final destination is entitled to compensation as though his flight had been cancelled.

Regards,

... but didn't get a response anymore.

I wonder if I should have pursued this further...

David_e

FTDH wrote: »

I wonder if I should have pursued this further...

To quote Caz3121, better posting on the dedicated EasyJet thread - there is a mass of information in the FAQs on the first page

http://forums.moneysavingexpert.com/....php?t=4896454

dunnypvfc

I was wondering if there was a time limit for the airline to come up with a decision on a claim, our`s has been ongoing for about 3 months now?.

Caz3121

Each airline will have different timescales, try reading the Easyjet thread to get an indication on how long claims are taking.
The FAQs on the thread will give you an idea of the steps to take next...eg NBA and court

FTDH

Hi

I'm kinda new to this, but I read a lot already and successfully made a claim with BA.

I once was on flight EZY3446 from Tallinn to Stansted. We were supposed to fly in the evening, the flight took of after a short delay, but then descended again, because the luggage compartment was not closed properly. After sitting in the plane for 2h we were told that they tried contacting their engineer, but failed to reach him in time. Then it was too late, because they told us he lived too far away.

We were then told to leave the plane and got a place in the hotel.

They declined my compensation request with the following two reasons:

• "Our records show that this flight was delayed and not cancelled."
• "'extraordinary circumstances' and so was outside the reasonable control of the airline."

How can they tell me that the flight was "delayed" and not cancelled if it took off, landed again and then flew on the next day over 14h later?

I replied:

Dear easyJet Customer Service,

It is my understanding that citing ‘extraordinary circumstances’ due to a technical reasons is not in itself sufficient to excuse you from paying compensation.

Could you therefore please explain what circumstances surrounding the technical reasons exempt you from paying compensation for the flight 3446 on

---

?

In response to "our records show the flight was delayed, not cancelled": We had to get off the plane, spend a night in a hotel and fly on the next day. The Sturgeon v Condor and Bock v Air France court casescourt cases have established that a passenger experiencing a loss of time equivalent to three hours or more at the final destination is entitled to compensation as though his flight had been cancelled.

Regards,

... I did get the same copy/paste response as before, but a little more detail:

"Unfortunately as your flight was delayed due to technical reasons, as the aircraft door indication was not working,this is classed as 'extraordinary circumstances' and so was outside the reasonable control of the airline and hence no refund would be possible."

I wonder if I should have pursued this further... the problem seemed to me that they couldn't get their engineer come in time, that's why we didn't fly.

Is that a legit EC anyway?

Caz3121

FTDH wrote: »

How can they tell me that the flight was "delayed" and not cancelled if it took off, landed again and then flew on the next day over 14h later?

You can work out whether it was a delay or cancellation by the following test

Day 1 - 1 flight scheduled from Airport X to Y @ 4pm
Day 2 - 1 flight scheduled from Airport X to Y @ 4pm

Flight on Day 1 does not operate

If on Day 2 there is still only one flight operating as previously scheduled, then the flight from day 1 was cancelled (the airline will have operated one less flight)

If on Day 2 there is now one flight at 10am that was not previously planned, in addition to the originally scheduled 4pm flight then the flight from Day 1 has been delayed until Day 2 (the airline is operating the number of flights planned)

It should not make any difference to the amount of compensation

FTDH

Okay, thanks for making that clear. Then it probably really was a delay. Think it was the same plane and not a different scheduled flight.

So now we can get to the next question:

FTDH wrote: »

I wonder if I should have pursued this further... the problem seemed to me that they couldn't get their engineer come in time, that's why we didn't fly.

Is that a legit EC anyway?

Vauban

FTDH wrote: »

Okay, thanks for making that clear. Then it probably really was a delay. Think it was the same plane and not a different scheduled flight.

So now we can get to the next question:

You can answer that question yourself by having a read of the FAQs!

cannykate

I had a 12 hour delay on a flight in May 2012. Easyjet gave the usual excuses for not paying compensation and then ignored further letters. I didn't feel brave enough to take legal action myself so went through Skymediator.
They did threaten court action and I received the full compensation. OK so I had to pay Skymediator 25% but I would never have done this on my own - it was better to get 75% than nothing and stress free.
I wouldn't even have pursued it but Easyjet treated us so badly at the airport and their whole attitude made me feel they should be penalised.

J_B

cannykate wrote: »

Easyjet gave the usual excuses for not paying compensation and then ignored further letters. I didn't feel brave enough to take legal action myself so went through Skymediator.
They did threaten court action and I received the full compensation.

Exactly the same thing happened here, except we used Bott&Co.