Compensation for delayed flights Discussion Area

kirst35

My easyjet flight was cancelled on the 19.02.10, we were due to fly on the 09.03.10. I was able to change the flights for free, but there were no flights avaliable the next day when I went to book . I changed my flights moving them forward by 4 days but I have now had to cancel and rebook my accomadation which cost £480 euros. Am I able to claim the 250 euro compensation form easyjet ? They have told me i can't because they let me know over 14 days before the flight. Where do I stand on this?

many thanks for your help

geckofabulous

I'll try to keep this short. Friday Easy jet delayed my flight back to Manchester from Alicante several times from 13.05, to 2.45, to 20.05. They gave differnet explanations for the delay depending on who was asked. Two staffers said "Technical problems", "Yesterdays strike at french airtraffic control", even though no other airlines going similar routes were affected. The pilot who was supposed to fly our plane sited the plane had been routed back to manchester due to "medical emergency".The staff behind Alicante easyjet desk said that around 2.30 pm they couldn't garentee that they could get us home that evening, but might be able to get me on a sunday flight, baring in mind I had to be at work on monday morning. To me that's unaccaptable, and not a risk I was prepared to take. I begged them to put me on a earlier Liverpool flight, and was assured I would be refunded additional costs incurred back including parking back. The liverpool flight was schedled for 17.30 but left around 18.15.

I kept my travel expenses to a minimum in that I got a bus from Liverpool airport to the city centre. and then a train back to Manchester. (A total of £27.00 for two people). If I'd took the mickey and got a taxi I could understand it, but now Easyjet are saying I'm not entitled to any compensation because I'd got the Liverpool flight.

Surely this isn't right. Even the CEO's office is saying this. I've taken it up with the ombudsman but they've yet to get back to me.

geckofabulous

Here's Easyjet cops official line

Thank you for your email to Andy Harrison, our Chief Executive Officer. The email has been passed to me for a response.

Due to the recent cancellations our Team is facing a high volume of e-mails and letters. The team is working hard to handle all claims and process refunds where applicable. Unfortunately it is not possible to give a timeline when they are able to pick up any given claim.

Having checked our records, I see that your claims has been already investigated by one of our Customer Services agents.

I am deeply concerned to hear about the difficulties you have experienced when travelling with us recently I appreciate your frustration.

Please be aware that we are taking all the necessary steps to minimize the way that disruptions affect our passengers and I am sorry to hear that we have failed this time. We are striving hard to improve our service and as you can imagine there is always place for improvement. I must admit that as the whole airline industry increases, such does the number of delays and cancellations. Some of them happen shortly before the flights and in those cases we are unable to update the passengers with the details immediately. Still, as soon as the staff receive confirmed information, it is passed to the passengers. It is with regret to hear that this did not happen this time.

I can see that you have chosen to be transferred to the next available flight, hence you are not entitled to receive a refund towards the flight or additional transport expenses. Please be advised that in an event of any disruption, all vouchers and free telephone calls can be requested at check-in or sales desks.

If you incurred additional costs due to the delayed flight, I would advise contacting your travel insurance company. Our Customer Services may, upon your request, issue a suitable document confirming the details of disruption and its reason. Should you find such a headed-paper letter of use, they will be more than willing to assist you.

One more time let me apologise for the difficulties you experienced. I do hope that this unfortunate event will not stop you from choosing easyJet services in the future and that you will give us another try in the nearest future.

Please be assured that your correspondence has been noted by Mr Harrison.

If you require any further assistance, please do not hesitate to contact our Customer Services Department, either by phone on 0871 244 2366 (calls cost 10p per minute; calls from mobiles and other networks may cost more) or via the “Help” section of the easyJet web site.

Yours sincerely,

easyJet Executive Support Team

pauljsmith

Hi
just wondering how i stand on the compensation front.
Turned up for our easyjet flight home from Majorca
to gatwick last october, to our horror the screen informed us
that the flight was cancelled, and to check with easyjet for
more info.We were all informed that we would be put up in local
hotel and a new flight would be arranged the following day.
This is indeed what happened, but the flight status had now been
changed to mearly delayed, not cancelled as originally stated.
So my question is do i still qualify for the "over 3 hours" delay compensation, as stated in the AUC `s EU regulation 261/2004?

dzug1

pauljsmith wrote: »

Hi
just wondering how i stand on the compensation front.
Turned up for our easyjet flight home from Majorca
to gatwick last october, to our horror the screen informed us
that the flight was cancelled, and to check with easyjet for
more info.We were all informed that we would be put up in local
hotel and a new flight would be arranged the following day.
This is indeed what happened, but the flight status had now been
changed to mearly delayed, not cancelled as originally stated.
So my question is do i still qualify for the "over 3 hours" delay compensation, as stated in the AUC `s EU regulation 261/2004?

Depends on the reason for the delay/cancellation. The regs say 'Air carriers should compensate passengers ...., except when the cancellation occurs in extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken' and gives examples of such circumstances.

A court case last year ruled that the delay/cancellation distinction was irrelevant and effectively that the regs were wrong in making that distinction. Basically if it was the airline's 'fault' (very loose wording I know - don't take it too literally), then compensation is payable; if it wasn't, then not.

JenE_2

Hi all
Hoping for some advice...
We were delayed coming back from Goa in November by 13 hours, flying in to Manchester with Thomas Cook. The reason they gave was that the flight computer had recorded a heavy landing on its way in to Goa. They did say that the pilot didn't land heavily and the computer had to be reset by Airbus in France, who were responsible for the delay. So I can see how they could argue that the technical fault wasn't within their control.
They did treat us well, taking us to a lovely hotel and feeding us.
However, we wrote to them under the EU regulations as I understand we'd be entitled to 600 euro each unless they can argue it was a technical fault outside their control. We had one letter back suggesting we use our travel insurance, but not addressing my query under the EU regs. We've since written twice asking for a response but getting nothing.
Where do we go next?
Thanks in advance

sca5

My Wife and I were recently subjected to a 31 hour delay, for operational reasons, flying from London Gatwick to Cuba. I have entered a claim under the EU regulation, with Cubana the Airline concerned, and I await a reaction from them. My question is " am I entitled to claim for the delay from my Holiday Insurance in addition to claiming for compensation from the airline"?

richjp

My own view is yes.

What you obtain from your insurer (where applicable) is merely a benefit you are entitled to under the policy you have with them. Usually a set level of around £20 per 12 hours delay. They will probably ask you to obtain a letter from the airline outlining the reasons for the delay/cancellation as well confirmation of the how long you were delayed for.

It does not excempt airlines from the obligations placed on them to passengers under EU Regulation 261/2004, so you should continue to persue this if you believe you have a case.

I think you may need to be reasonably prepared for an insurer to not pay. They may tell you to take it up directly with the airline/tour operator under EU Regulation 261/2004 (and your policy wording may even state this). If they do, see if you can obtain this in writing, as it may help any claim you have with the airline.

I personally don't believe trying with both the insurer and the airline is in any way illegal or fraudulent - though I am sure Cityboy will verify one way or the other....

JenE_2

Thanks CityBoy, will try again!

Stevelon24

Hi

Some guidance or help appreciated. Last May my wife and I were flying to Antalya with Thomas Cook from Gatwick. We ended up with an 11 hour 45 minutes delay. The basic facts were that we were told that the plane due to fly us out had hit a bird and so the windscreen had to be replaced. They had to fly the plane to Glasgow to repair it then back to Gatwick. Once back at Gatwick they loaded the passengers on the plane about 5 hours after departure time but the mastick surrounding the new windscreen had not dried and so it took a further hour for the engineers to give the all clear. The plane then backed up and the engines made a very nasty crunching noise and there was a smell of fumes in the cabin. They took about 90 minutes to get us back to the pod and disembarked us (so passengers were on the plane for about 3 hours). We wewre told the plane could not fly and that Thomas Cook would try and find a replacement plane and eventually this was found and so we flew nearly 12 hours later.

Correspondence with Thomas Cook was hopeless so I issued proceedings in my local County Court against the Tour Operator and the Airline. They lodged a defence effectively quoting the EU Regulations.

When I started the proceedings it was more in hope than anticipation but since then the case in the European Court Sturgeon and Condor has been reported which effectively states that a "delay" of more than 3 hours will count as a cancellation if due to technical reasons (I know I'm summarising this). I appreciate that a bird hitting a windscreen could be beyond the control of the airline, but having to fly the plane to Glasgow, not having a replacement available and then the plane failing anyway must be down to the airline's fault.

My case is listed for the end of March.

Has anyone else been to court since the new ECJ ruling and do you know if at county court level the judges are aware of this.

I'm sure that if Thomas Cook appear they will try and run the usual argument that I am bound by the standard booking conditions but I think the court judgement (which is retrospective) will take precedence.

I'm claiming the 600 Euros each as my main claim.

Any ideas or help from anyone?

Thanks