Compensation for delayed flights Discussion Area

Conel

Centipede100 wrote: »

Thanks for the information. EZ = Easyjet.

As Delvey has already produced the weather details all I will say is that EZ are likely to claim that it was poor weather on an earlier sector that this particular aircraft flew that was to blame for the delay, which is a stock response for the airline.

All I would say to counteract this likely response is that therefore falls outside the strict derogation of the 'extraordinary circumstances' defence in that the wording used is 'meteorological conditions incompatible with the operation of the flight concerned'.

If the meteorological conditions affected a previous flight sector operated by the aircraft originally tasked to perform your flight, then that does not equate to your flight (the flight concerned) does it?

See here (http://www.flightmole.com/forum/showthread.php?t=613) for a similar case of an airline (BA) claiming that a hurricane was responsible for cancelling a flight where the hurricane was neither present at the departure or arrival airports but at a prior leg flown by the aircraft. See here (http://www.flightmole.com/forum/showthread.php?t=609) for a case involving the same cancellation on the same day for the purported same aircraft. As you can see both claimants won their cases before different judges in different courts.

Anyway, write as previously suggested under the guise of wanting a proof of delay letter for your insurance company in order to tease out of EZ the reason on which they are going to rely on for the delay, then post back here with the response.

Thank you for your response, I didn't see this before I posted just now.

Ok, I will contact EZ asking for the proof of delay letter and post back with the response.

Thanks again for all of your help.

delvey

Centipede100 wrote: »

If I was a betting man I would be prepared to put some money on EZ claiming that the inbound flight from GIB to LGW which was delayed by 4 hrs 20 mins is to blame for the delay you had to endure.

Was there not a problem related to navigation equipment at GIB a few days ago? with planes being diverted to malaga?

Conel

delvey wrote: »

Was there not a problem related to navigation equipment at GIB a few days ago? with planes being diverted to malaga?

This could make sense as the captain mentioned the plane coming from Malaga and this is where the problem was. It was in broken English so it wasn't very clear what he was saying but it definitely was not weather related!

Why are they allowed to lie?!?

delvey

Conel wrote: »

This could make sense as the captain mentioned the plane coming from Malaga and this is where the problem was. It was in broken English so it wasn't very clear what he was saying but it definitely was not weather related!

Why are they allowed to lie?!?

Well technically it was weather related, as the navigation equipment was struck by lightening or something
In theory Easyjet should of had a spare plane and crew at Gatwick (especially since its one of if not biggest base it has)
IIRC, passengers were being coached from Gibraltar to Malaga by coach, which is around 2 hours away.
Not sure how this could effect your claim, maybe centipede100 can help you

delvey

Centipede100 wrote: »

Before you both get carried away speculating what the reason may or may not have been and what the airline should have done, let's wait and see what reason the airline gives in its correspondence with Conel. That should be the definitive reason, and whatever happened to an aircraft on a previous flight leg, unconnected with the flight made by Conel from LGW to Berlin, should not be a factor.

Completely agree
But I am 99% sure that is why Gibraltar Airport was shut
And hence why the flight was delayed
Lets wait and see what they reply

disney_cjd

Hi All

By way of an update on my second claim with BA for our 5 hour delay LGW to TPA... they said "no" usual excuse, so I tried a s75 claim against the credit card company who also said no BUT they quoted the regulation saying a delay means only food and water not money! I am hoping this article will change their minds http://www.hfw.com/publications/client-briefings/flight-delays-time-to-pay but lets see.

C

grayme-m

Cracking thread this, thank you to you all.

Last summer, our flights did a stopover at a hub airport before our plane continued on to our destination.

On the way back, because of issues the previous day at the stopover airport, we got home at 10.30pm, eleven hours later than scheduled. The same crew operated our flight and that the day before, but due to the issues the day before this caused the crew to go out of time when it came to operating our flight. As a result our flight was late taking off and we had to be put up in a hotel near the stopover airport getting a whole four hours sleep and a whole host of misinformation whilst the crew rested (on top of poor service on the plane).

I wrote when we got back requesting that under 'EU Regulation 261/2004 we are entitled to compensation of €600 per passenger' to get two responses.

The first was an apology for the matter, the second tried to fob me off:

Regulation 261/2004 states that compensation is payable in some instances of cancellation and for denied boarding. It does not provide for payment of compensation for delay. It is our view that the Sturgeon judgment has given a meaning to Regulation 261 that was never intended when the legislation came into force. Furthermore, the Sturgeon decision directly contradicts another European Court of Justice decision pre-dating the Sturgeon case, in which the European Court of Justice stated that compensation was not payable in respect of delay.

For these reasons we now consider the legal position relating to compensation for delay is unclear. Therefore, we have issued proceedings in the English High Court and questions have been referred back to the European Court of Justice under case reference C-629/10. The details of this case can be viewed on the Europa website, by searching for the case number at http://curia.europa.eu/jcms/jcms/j_6/. Until such time that the position has been settled by a further ruling from them, we are of the view that we are justified in not paying claims for compensation for delay.

Thank you once again for contacting us. I do understand that this is not the answer you and your family were hoping for, and I’m sorry to disappoint all of you on this occasion.

I wrote back saying we should wait for the outcome of the case before we closed the matter.

I was thinking it was about time I looked it up, then came across this thread which tells me (as long as I have it correctly), that the issue with the prior day is irrelevant to my claim, and that we believe that the Sturgeon judgement is due in the next few months and expected to fall in our favour.

Conel

Centipede100 wrote: »

Before you both get carried away speculating what the reason may or may not have been and what the airline should have done, let's wait and see what reason the airline gives in its correspondence with Conel. That should be the definitive reason, and whatever happened to an aircraft on a previous flight leg, unconnected with the flight made by Conel from LGW to Berlin, should not be a factor.

Hello everyone.

Sorry for the delay, EZ was quick in coming back to me but stated the wrong date in their correspondence so I queried this. The reason I have been given for the delay is "high winds" and that if I need a letter of proof I need to call them and pay a £10 admin fee.

What to do now?

Thank you.

Conel

Centipede100 wrote: »

Up to you whether you decide to part with £10 or not for this letter.

"High winds" eh! Wonder where these were, AGP, GIB, LGW, TXL? None of them? All of them?

You can see why we are somewhat sceptical on this board of such reasons...!

Well I have an e-mail stating it is high winds so I think I will keep my £10 (cheeky gits!).

So so I now log a case for compensation on the reason given at the airport or for the lies told to me now?

delvey

Conel wrote: »

Well I have an e-mail stating it is high winds so I think I will keep my £10 (cheeky gits!).

So so I now log a case for compensation on the reason given at the airport or for the lies told to me now?

At which airport?
As there was no other delays to Easyjet from Gatwick or to Berlin
Maybe advise them on the letter than any reply they give you, could, should you go to court, be used as evidence.

And generally, airlines will not normally operate a flight if the wind speed is over 35 knots, which as far as I can see, did not occur on your day of travel