Easyjet wont pay for delayed Flight

patching98

Trying to make a claim for compensation for my delayed flight. We were delayed over 12 hours in Alicante as a bird flew into one of the engines on take off.. I have even threatened legal action which they dismissed stating their T&C’s... Any advice on my next step
Dee

EasyJet response

As per our Terms and Conditions, when a flight is delayed for more than an hour beyond its scheduled time of departure, a passenger has two options:

• If you do not wish to travel on the delayed flight you can choose a free re-route on the next available easyJet flight
• Alternatively, you can cancel your seat and receive a credit for future flights with us.

I am sure you will appreciate this was out of our direct control and as such compensation is not payable for this delay.

Ich_2

as a bird flew into one of the engines on take off

I am sure you will appreciate this was out of our direct control

That is no doubt true!
Check the legislation linked to on the FAQ pages

patching98

I have not mentioned why the plan was delayed in any of my letters, hopefully a 14 day court action letter will make easyjet look further into my claim.

Vauban

patching98 wrote: »

I have not mentioned why the plan was delayed in any of my letters, hopefully a 14 day court action letter will make easyjet look further into my claim.

Good - go for it. Their terms and conditions don't over-rule the law, and it is far from certain that a bird strike is an EC.

Ich_2

and it is far from certain that a bird strike is an EC

Though it is not within the airlines control

Fishingtime

patching98 wrote: »

I have not mentioned why the plan was delayed in any of my letters, hopefully a 14 day court action letter will make easyjet look further into my claim.

I would not hold my breath.
They will not take no notice of a court action letter

Vauban

Ich wrote: »

Though it is not within the airlines control

Ich: a bird strike is not within the airlines control, but the subsequent delay certainly is. And indeed you could argue that a bird strike is an inherent risk of normal flight operations, in which case it wouldn't count as an EC anyway!

Ich_2

Oh I agree about the delay and the lack of care (we don't know when this occurred though).

Though not sure I've said it before but in these circumstances one of the biggest problems is the poor attitude of the handling agents who tend to let the airlines down badly, irrespective of the availability of spare aircraft these contracts really need sorted out

patching98

Easyjet still are putting their T&C's on their response to the 14 day letter. So I will take them to court - I can't believe tat they have not even bothered to look into my flight to find out why we were delayed for over 14 hours.

Vauban

If that is the best they can do - to cite the supremacy of their terms and conditions over European law - then I should look forward to watching them make that argument in front of a District Judge. Indeed, you should take popcorn.

Ich_2

Ich: a bird strike is not within the airlines control, but the subsequent delay certainly is. And indeed you could argue that a bird strike is an inherent risk of normal flight operations, in which case it wouldn't count as an EC anyway!

Given the damage one can cause and the potential for death or injury I would strongly suggest it is not a normal facet of operations.