Easy Jet flight cancelled from Gibraltar

annie12

My husband's flight from Gibraltar to Manchester on 09/06/2023 with Easy Jet was cancelled due to high winds (the inbound flight couldn't land and was redirected to Malaga)
He had to telephone Easy Jet to rebook a flight and the first available flight was Sunday 11/06/2023.
Easy jet sorted out a hotel for the extra 2 nights.
He has had his claim for flight delay compensation rejected.

Is it woth pursuing?

Compensation Claim Assessment

Claim received: 12-06-2023
Flight Number: 2268
Flight Date: 09-06-2023
Scheduled Departure Airport: GIB
Scheduled Arrival Airport: MAN
Claim decision: Declined
Decision summary: We’re sorry that your flight was cancelled. Our assessment and legal team has carefully reviewed your claim and the circumstances around your flight and have confirmed that your compensation claim is not eligible for compensation payment under EU Regulation EU261/2004. Please note that this may not match with the information you were given on the day of travel, as our staff in airports, and on-board, may not have had all the information concerning your cancelled flight.

Dear 

We are sorry for the disruption to your flight.  Our assessment and legal team have carefully reviewed your claim, including the circumstances around your flight and have confirmed that your compensation claim is not eligible for compensation payment under the Regulation. Please note that this may not match with the information you were given on the day of travel, as our staff in airports, and on-board, may not have had all the information concerning your E - Weather flight.

Our assessment of your claim

To further explain what happened on the day, high winds over Gibraltar meant that the inbound aircraft was below legal limits to be able to land. As a result the aircraft had to divert to Malaga. We we're not able to continue the flight as the weather was not set to improve. We do take reasonable measures to avoid delays and cancellations to our flights by having replacement crews and spare aircraft available in our network. In the circumstances, these options were not possible as the cancelation of your flight was a direct result of adverse weather conditions.

The Regulation

When we have to disrupt a flight due to circumstances outside of our control, the flight is classified under the Regulation as being affected by “extraordinary circumstances”. An example of disruption outside of our control would be that primarily caused by air traffic control restrictions, industrial action, severe weather conditions or a runway closure.

Compensation is only payable when a flight is delayed by 3 or more hours after the scheduled arrival time, or the flight is cancelled and the reason for the delay or cancellation was within our control. This type of disruption is classified the Regulation as “non-extraordinary circumstances”. Examples of this include most aircraft technical faults or when we haven’t taken reasonable measures to prevent or minimise disruption.

eskbanker

annie12 said:

He has had his claim for flight delay compensation rejected.

Is it woth pursuing?

Unlikely to be worth pursuing - airlines aren't obliged to pay compensation for a cancellation "caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken" and the regulations specifically include "meteorological conditions incompatible with the operation of the flight concerned" as an example of such circumstances.

They're still required to arrange a replacement flight and provide/fund accommodation and meals, but if they did that then they don't have any further liability....

Wonka_2

Irrespective of the legal aspect it's an interesting one - presumably given the time to get the departing pax from GIB to AGP the Easyjet flight will have returned empty do avoid disrupting the remainder of the days schedule.

It must be a norm there (I've flown to GIB 3 times and been diverted to AGP twice) so presumably there's some precedent shown somewhere on how they've handled previous situations ?

DullGreyGuy

annie12 said:

My husband's flight from Gibraltar to Manchester on 09/06/2023 with Easy Jet was cancelled due to high winds (the inbound flight couldn't land and was redirected to Malaga)
He had to telephone Easy Jet to rebook a flight and the first available flight was Sunday 11/06/2023.
Easy jet sorted out a hotel for the extra 2 nights.
He has had his claim for flight delay compensation rejected.

Is it woth pursuing?

Pursuing what? Do you have evidence that easyJet can control the wind or that the wind at the time were within the airports safe operating levels?

Westin

"My husband's flight from Gibraltar to Manchester on 09/06/2023 with Easy Jet was cancelled due to high winds (the inbound flight couldn't land and was redirected to Malaga)
He had to telephone Easy Jet to rebook a flight and the first available flight was Sunday 11/06/2023.
Easy jet sorted out a hotel for the extra 2 nights.
He has had his claim for flight delay compensation rejected.

Is it woth pursuing?"

Not for Compo as it was a weather issue.

Having also experienced this at GIB before I know that where possible they will organise coaches up to AGP.   Was this an option for your husband?

annie12

Westin said:

"My husband's flight from Gibraltar to Manchester on 09/06/2023 with Easy Jet was cancelled due to high winds (the inbound flight couldn't land and was redirected to Malaga)
He had to telephone Easy Jet to rebook a flight and the first available flight was Sunday 11/06/2023.
Easy jet sorted out a hotel for the extra 2 nights.
He has had his claim for flight delay compensation rejected.

Is it woth pursuing?"

Not for Compo as it was a weather issue.

Having also experienced this at GIB before I know that where possible they will organise coaches up to AGP.   Was this an option for your husband?

There was no option to do that, there wasn't even anybody to talk to.
It was announced over the tannoy that it was cancelled and to go to to app to rebook, fortunately another passenger told him to ring easy Jet rather than going through the app and he got on Sunday's flight, others had to wait until Tuesday for a flight.

annie12

DullGreyGuy said:

show previous quotes

annie12 said:

My husband's flight from Gibraltar to Manchester on 09/06/2023 with Easy Jet was cancelled due to high winds (the inbound flight couldn't land and was redirected to Malaga)
He had to telephone Easy Jet to rebook a flight and the first available flight was Sunday 11/06/2023.
Easy jet sorted out a hotel for the extra 2 nights.
He has had his claim for flight delay compensation rejected.

Is it woth pursuing?

Pursuing what? Do you have evidence that easyJet can control the wind or that the wind at the time were within the airports safe operating levels?

It was the inbound flight from Manchester to Gibraltar that couldn't land and therefore no plane though. Other flights were taking off and a BA flight landed 30 minutes after the Easy jet should have landed in Gibraltar. 

Westin

annie12 said:

show previous quotes

DullGreyGuy said:

annie12 said:

My husband's flight from Gibraltar to Manchester on 09/06/2023 with Easy Jet was cancelled due to high winds (the inbound flight couldn't land and was redirected to Malaga)
He had to telephone Easy Jet to rebook a flight and the first available flight was Sunday 11/06/2023.
Easy jet sorted out a hotel for the extra 2 nights.
He has had his claim for flight delay compensation rejected.

Is it woth pursuing?

Pursuing what? Do you have evidence that easyJet can control the wind or that the wind at the time were within the airports safe operating levels?

It was the inbound flight from Manchester to Gibraltar that couldn't land and therefore no plane though. Other flights were taking off and a BA flight landed 30 minutes after the Easy jet should have landed in Gibraltar. 

I have also had that at GIB but the other way around.  EZY made it in and BA diverted to AGP.   There are lots of factors to determine if the approach and landing can be made safely. 

GB Air is the handling agent at GIB for EZY (as an FYI).  The disruption letters and and handling of the ground arrangements are made by them and given GIB's issues with wind/low cloud/rain over the airfield, these diversions can happen often.

Reorganising via the App 'may' have given other options (like a later AGP or a flight into another UK airport).   After one weather delay and cancellation at GIB (heavy rain) I made my own alternative route back via Seville as AGP also had weather issues.

A great story perhaps for your husband to relay down the pub to his friends, but no compo.