31 hour delay because EasyJet plane suffers damage

jimbo3172

I have just returned from Gibraltar (to Manchester). We were due to fly at 1040hrs on 26/4 but the corresponding plane flying in from Manchester that we should have been on suffered damage when it was manouvering on to stand hitting he steps.

No replacement plane could be found so it was 31hours before we flew home. I have already submitted a compensation cali to EasyJet but they have already said it was an extraordinary event which I fully suspect is their notice of intending to decline any claims.
Can anyone offer any advice on whether it will be worth challenging the decision if it is to decline? 

Many thanks

eskbanker

Doesn't sound like extraordinary circumstances (that would avoid liability for compensation) to me - if the (moving) aircraft hit the (static) steps then that's pilot error.

Westin

eskbanker said:

Doesn't sound like extraordinary circumstances (that would avoid liability for compensation) to me - if the (moving) aircraft hit the (static) steps then that's pilot error.

I don’t think that the moving plane hit static steps.  

EZY2268 from Gibraltar to Manchester on 26th April was apparently on stand and ground equipment ‘hit’ the aircraft. Ground handling is provided by GB Air.

jimbo3172

Westin said:

eskbanker said:

Doesn't sound like extraordinary circumstances (that would avoid liability for compensation) to me - if the (moving) aircraft hit the (static) steps then that's pilot error.

I don’t think that the moving plane hit static steps.  

EZY2268 from Gibraltar to Manchester on 26th April was apparently on stand and ground equipment ‘hit’ the aircraft. Ground handling is provided by GB Air.

That’s interesting because it was a member of Gib Air staff on the day when I asked what had happened who said it had been caused as the plane was manouvering on to stand. 

If the plane hit the steps would you suggest it is worth challenging the decision if the answer is no but if the steps hit the plane there would be no point? 

bagand96

eskbanker said:

Doesn't sound like extraordinary circumstances (that would avoid liability for compensation) to me - if the (moving) aircraft hit the (static) steps then that's pilot error.

Gkad you're not in Air Accident Investigation 😉. Although "pilot error" is a favourite of the airlines and aircraft manufactures (looking at you, Boeing) 

eskbanker

jimbo3172 said:

Westin said:

eskbanker said:

Doesn't sound like extraordinary circumstances (that would avoid liability for compensation) to me - if the (moving) aircraft hit the (static) steps then that's pilot error.

I don’t think that the moving plane hit static steps.  

EZY2268 from Gibraltar to Manchester on 26th April was apparently on stand and ground equipment ‘hit’ the aircraft. Ground handling is provided by GB Air.

That’s interesting because it was a member of Gib Air staff on the day when I asked what had happened who said it had been caused as the plane was manouvering on to stand. 

If the plane hit the steps would you suggest it is worth challenging the decision if the answer is no but if the steps hit the plane there would be no point? 

To be honest, even if moving equipment hit a static plane, that I don't believe that really changes anything regarding liability to pay compensation - if the ground handlers are contracted by the airline then their actions are ultimately the airline's responsibility.

bagand96 said:

eskbanker said:

Doesn't sound like extraordinary circumstances (that would avoid liability for compensation) to me - if the (moving) aircraft hit the (static) steps then that's pilot error.

Gkad you're not in Air Accident Investigation 😉. Although "pilot error" is a favourite of the airlines and aircraft manufactures (looking at you, Boeing) 

Yes, point taken, I know how much that sort of finger-pointing irritates pilots, train drivers, etc!  But it was still highly likely to be an issue within the airline's control, put it that way....

unforeseen

 - if the ground handlers are contracted by the airline then their actions are ultimately the airline's responsibility.

Ground handling is normally contracted by the airport rather than each airline

daveyjp

If Easyjet state its extraordinary they also must consider the ground handling agent totally blameless and won't be claiming off them for damage to the aircraft and delay costs.

Some chance!

jimbo3172

EasyJets response to the compensation claim which to be fair doesn’t even mention that the damage wasn’t their fault.

To further explain what happened on the day; the aircraft scheduled to operate your flight incurred ground damage in Gibraltar airport. The damage to the aircraft had to be assessed by our engineers. Unfortunately, there was significant damage found and we were unable to repair the damage. We had no option but to overnight delay your flight. We do take reasonable measures to avoid cancellations and delays to our flights by having replacement crews and spare aircraft available in our network. In the circumstances, these options were not possible as higher than expected levels of disruption to our network meant that our replacement crew and spare aircraft had already been deployed.

Does anyone know what the usual route to appeal is?

CKhalvashi

jimbo3172 said:

EasyJets response to the compensation claim which to be fair doesn’t even mention that the damage wasn’t their fault.

To further explain what happened on the day; the aircraft scheduled to operate your flight incurred ground damage in Gibraltar airport. The damage to the aircraft had to be assessed by our engineers. Unfortunately, there was significant damage found and we were unable to repair the damage. We had no option but to overnight delay your flight. We do take reasonable measures to avoid cancellations and delays to our flights by having replacement crews and spare aircraft available in our network. In the circumstances, these options were not possible as higher than expected levels of disruption to our network meant that our replacement crew and spare aircraft had already been deployed.

Does anyone know what the usual route to appeal is?

The route of appeal may or may not work in any event.

For an aircraft, taxied correctly, the steps would have been in a place they shouldn't have been. That wouldn't be within the control of the airline IMO. At GIB, handling is contracted by the airport and is provided by what's left of GB Airways.

GIB is also not a base for Easyjet (or any other airline IIRC) so in any event a plane would have had to be ferried down to collect you. This would probably have put the flight at a 3+ hour delay in any event. The flight time would be 2:40-ish and that's only once a crew has been sourced and the aircraft prepared. Easyjet Europe cannot wet lease to Easyjet UK without CAA approval, which probably won't be granted for a UK-UK flight.

There is a case against Condor which disagrees with my view from 2008. Quoting Siewert v Condor Flugdienst GmbH (C-394/14) may get Easyjet to change their mind on this. It will ultimately be up to a UK court (as this sector couldn't have possibly been operated by anything but Easyjet UK) to assess whether this case may apply in your case.