EasyJet slot swap caused delay (after ATC delay)? Any hope of claim?

markja_2

I recently had a 3+hr delay from Pisa >> LGW. It was fundamemntally an ATC issue which I understand is not claimable. My initial claim has been denied despite me quoting an additional fact. Just wondering what people think of this additional info. Relevant or not?

While waiting to depart the Captain had announced a number of possible departure times. But the final announcement said that we were delayed again due to "EasyJet flight planning" having swapped our LGW slot with a service from Milan. Thus causing further delay to us. It was this final delay which resulted in us exceeding the 3hrs. Although the root cause was ATC delay (apparently), the final decision by Easyjet caused our 3hr+ delay. EJ could have taken another decision to stick with our existing slot and return us before the 3hr threshold. But they did not.

Any thoughts on this?

eskbanker

If the bulk of the delay was caused by extraordinary circumstances beyond the airline's control, but a smaller chunk was down to the airline, taking the total over three hours, I don't think that supports a claim.

Caz3121

was the "further delay" more than 3 hours in length?
as an example if you have a 5 hour delay and 2.5 hours was ATC and 2.5 hours airline then no compensation due
if 5 hours delay and 1.5 hours was ATC and 3.5 hours airline then possible compensation

markja_2

Caz3121 said:

was the "further delay" more than 3 hours in length?
as an example if you have a 5 hour delay and 2.5 hours was ATC and 2.5 hours airline then no compensation due
if 5 hours delay and 1.5 hours was ATC and 3.5 hours airline then possible compensation

It was more the latter. The accumulated ATC delays up to the point of the Captains announcement would have got us back in under the 3hr threshold. It was the last 30-45min delay (from EasyJet flight planing) which pushed us over the threshold.

markja_2

eskbanker said:

If the bulk of the delay was caused by extraordinary circumstances beyond the airline's control, but a smaller chunk was down to the airline, taking the total over three hours, I don't think that supports a claim.

It was a final 30-45mins delay attributed solely to EJ which pushed us over the 3Hr threshold. Delay up to this point had been ATC.

I like my argument (I would !) but in being devils advocate I think it must be very weak given the underlying root cause was ATC. Thanks to you both for the comments,