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Flights cancelled allegedly due to Air Traffic Control - is there any way of getting compensation?

ratherbegolfing
Posts: 3 Newbie

Our flight to europe with Easyjet for a 4 night break in June (accommodation via Airbnb) was cancelled at the last minute and when we rebooked for next day was cancelled again.
At that point we abandonned our holiday and had refund for flight tickets. I could see Easyjet would not give additional compensation as cancellation was said to be for 'exceptional circumstances.' At the time we understood this to be a combination of
1)late arrival of incoming flight (ATC issues)
2)lack of EJ cabin crew to man our outgoing flight when it did arrive arund 1 hr 30 mins late
3)night flight curfew at our destination airport (Geneva) meaning planes can't land after midnight
I assumed my travel insurance (Alpha Travel - Collinson Group) would cover the unused accommodation costs but they required a reason for the delay which Easyjet gave as Air Traffic control. This turned out to be an exclusion on our policy.
Easyjet is categorical on its website that they won't compensate for ATC delays.
Is it worth challenging them on the real cause of the delay (for which we have no written proof?)
Otherwise I can see no way of getting back my £340 unused accommodation costs.
At that point we abandonned our holiday and had refund for flight tickets. I could see Easyjet would not give additional compensation as cancellation was said to be for 'exceptional circumstances.' At the time we understood this to be a combination of
1)late arrival of incoming flight (ATC issues)
2)lack of EJ cabin crew to man our outgoing flight when it did arrive arund 1 hr 30 mins late
3)night flight curfew at our destination airport (Geneva) meaning planes can't land after midnight
I assumed my travel insurance (Alpha Travel - Collinson Group) would cover the unused accommodation costs but they required a reason for the delay which Easyjet gave as Air Traffic control. This turned out to be an exclusion on our policy.
Easyjet is categorical on its website that they won't compensate for ATC delays.
Is it worth challenging them on the real cause of the delay (for which we have no written proof?)
Otherwise I can see no way of getting back my £340 unused accommodation costs.
0
Comments
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Airlines aren't obliged to pay compensation "if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken" - there isn't a definitive list of exactly what constitutes extraordinary circumstances, but significant (i.e. unusual) air traffic control restrictions would often count as such, as they're beyond the airline's control, although an hour and a half doesn't sound massively abnormal, to the extent of being extraordinary. However, if there was also a lack of airline staff available then that clearly contributed to the cancellation, then it may be worth challenging them, as they're required to prove that the cancellation was caused by ECs, as above.
You mention two flight cancellations though, which gives rise to two separate claims, and two independent discussions about root causes, have they given the same reason for both?0 -
Thanks for your reply.
Yes.
On June 19th flight was cancelled very much at last minute. we were at boarding gate with plane on tarmac, with statements being made verbally about lack of cabin crew.
We rebooked for following day and this time the flight was cancelled before we had left for the airport.
When I requested a letter from Easyjet with reason for cancellation, ATC was given both times. I imagine they cancelled on June 20th because they could anticipate the same scenario unfolding (ATC delay, no crew and early airport closure) but have no way of proving that?
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All you can really do is to keep pushing them on the subject, seeking proof of underlying cause, until they give you their final response, at which point you can escalate the matter to Aviation ADR for independent adjudication, during which they'd be expected to provide more details.1
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