Easyjet 5 hour flight delay

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