'Operating airline'?

clippy_girl

Thanks a lot, that is very kind

111KAB

I can obtain further information but maybe this will suffice for your purposes .... http://www.airfleets.net/ficheapp/plane-b757-24292.htm

clippy_girl

thanks. interesting that they only had the plane delivered on the day of our flight. it was supposed to be leaving gatwick at about 6am that morning which didn't leave much wiggle room! presumably Astraeus did the respraying of the plane.

do you think it makes a difference what type of lease it was (as im thinking its much easier to argue easyjet operated it if it was a dry lease- although looks like they only had it 10 weeks so prob not dry leased).

just seems strange that the definition of operating air carrier means 'an air carrier that performs or intends to perform a flight under a contract with a passenger or on behalf of another person, legal or natural, having a contract with that passenger' which they argue means they are not liable as they contracted with Astraeus

but then goes on to say in reg 7- the obligations that it creates should rest with the operating air carrier who performs or intends to perform a flight, whether with owned aircraft, under dry or wet lease, or on any other basis.

which suggests that they are still liable when leasing a plane.

do you think the bit about contract with another person only applies when you contract with non-airlines?

eg- book package holiday with 'made up website' for hotel and easyjet flight. there is no contract between the passenger and easyjet so that provison needs to be in there so that these customers can claim against easyjet rather than 'made up website'.

option two is where you book direct with an operating airline (easyjet) who perform/intend to perform the flight. under reg 7 it doesn't matter if this is done with a leased Astreaus plane.

if the regs were intended to apply as easyjet want them to then surely they would not contain reg 7 where planes are leased and instead leave it at the definition of reg 2 which would be easier to argue meant Astraeus were liable.

sorry for ramblings!

111KAB

Seems to me the plane was registered to easyJet, was decked out in EJ colours, had an EJ flight number and was therefore an easyJet plane.

clippy_girl

I would agree! I think I will email their solicitor advising I will be defending their application with my grounds. It would obviously be easier if they just withdraw their application and pay the ccj