Paphos return flight delay.

Orville

Hi,

I was on holiday in Cyprus Paphos 13th - 20th of July.

On the way out there was a delay due to air traffic control. Fair enough, it wasn't long, roughly an hour or so.

How ever on the way back the plane landed with a air conditioning fault. This meant we were late to board the plane while they fixed it. When we got on the plane the fault was not fixed but they said it would be fixed soon which is why they boarded us. The drafted in a temporary air conditioning generator from paphos airport to keep us cool while they fixed the planes one. 

This also broke down.

We were left sitting on that plane for the best part of an hour before they made the decision to disembark the whole plane back into the departures. We were there for god knows how long. I can't remember.

Anyway they eventually fixed it and got us back on the plane. The cabin manager said that we had taken off within the three hour limit or something along those lines but would be offering us all a free drink and item of food.

I did a bit of research and have learned that if the flight is over 3 hrs late you can put in a claim.

So I found the below pic where it said the flight was 3 hours and 1 minute late.



It does also say the out bound was late but that was due to air traffic control.

No I wrote to the using a template from here I think it was.

Dear easyJet,

I am writing regarding a delayed/cancelled easyJet flight.

The judgement of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation, as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this flight. The details are as follows:

Booking reference: [Removed by Forum Team]

Passport number: [Removed by Forum Team]

Existing complaint reference: 

Flight number: EZY8652

Departure airport: Paphos International Airport, PFO

Scheduled departure time: 20/07/2024 2:30 PM

Arrival airport: London Gatwick Airport, LGW

Number of passengers: 1

Other passenger names:

Based on the above details, I am seeking the fixed compensation as specified in EC 261/2004.

I look forward to a full response to this letter within 14 days. If I do not receive a satisfactory response I intend to pursue my complaint further, which could mean taking it to court.

Yours faithfully


Their answer was this....

Dear,

Flight Number: EZY8652

Flight Date: 20-07-2024

 

Thank you for getting in touch. We’re very sorry that your flight from Cyprus Paphos (PFO) to London Gatwick (LGW) was delayed.

We always review claims fairly and in keeping with EU/UK regulation. We know how frustrating delays can be. We always aim to provide the best possible experience when flying with us, however, from time-to-time situations arise which are outside of our control and unfortunately when this happens we are unable to offer compensation.

To further explain what happened on the day; on the earlier sector air traffic control restrictions substantially regulated the air space, which resulted in long delays to flights as aircraft waited for air space ‘slots’ to operate, sometimes for several hours. The delays continued throughout the day and knocked on to later flights. 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 delay to this flight was as a direct result of air traffic control restrictions.

 

Claiming expenses

If you incurred additional expenses in Cyprus Paphos (PFO) on the day when the flight was cancelled, delayed, or diverted. e.g you were asked to find a hotel room for the night of a cancelled flight, or onwards transport to your destination, then you may claim reasonable expenses, as set out in our expenses policy here.

 

Claiming through your insurance

Although, we don’t cover other costs such as, pre-booked hotel stays in your destination or pre-booked activities, your travel insurance may do. If you require a letter from us to make your claim, you can request this by completing our ‘contact us form’ and selecting ‘insurance claim’ from the dropdown menu.

 

You can find out more about your rights following a cancellation, delay or diversion on our delays and cancellations page here.

 

Thank you for your understanding and we hope to welcome you on board again soon.

Kind regards,

[Removed by Forum Team]

They seem to be claiming that it was late in because of traffic control. That might be true. How ever that was never mentioned by the crew.

We ere told and clearly knew the delay was caused by broken air conditioning on the plane so I wrote back with this....

Hello.

I do not accept this.

The reason there was a delay was because of a fault with the air conditioning.

We were sat on the plane for ages at the airport while they tried to fix the fault.

The equipment that they bought in then also failed.

After an age of sitting in what felt like a sauna, we were then made to get off the plane as they did not know how long this would be Until it was fixed.

By the time we left Paphos and got back to Gatwick the time was over three hours.

The air traffic control problem was on the outgoing flight from Gatwick to Paphos.

My claim is for the return flight from Paphos.



Then I got this back from them...

Dear ,

Thank you for getting in touch regarding your compensation claim for flight EZY8652 from Paphos International Airport to London Gatwick Airport. We understand how delays, especially those caused by technical issues, can disrupt your plans and cause significant inconvenience.

Regarding your compensation concern, we would like to inform you that after thoroughly assessing the circumstances surrounding the disruption to your flight, we regret to inform you that it does not meet the criteria for compensation. The eligibility for compensation depends on several factors, including the specific events leading to the disruption and the applicable regulations. The primary reason for the disruption was beyond easyJet's control, which unfortunately means we are unable to offer compensation in this instance.

"To further explain what happened on the day; on the earlier sector air traffic control restrictions substantially regulated the air space, which resulted in long delays to flights as aircraft waited for air space ‘slots’ to operate, sometimes for several hours. The delays continued throughout the day and knocked on to later flights. 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 delay to this flight was as a direct result of air traffic control restrictions."

We understand this might not align with the information you received on the day of your travel. Sometimes, our airport and onboard staff may not have all the detailed information about a delayed flight. For more information, you can check our 'Notice of Rights' section here.

Thank you for choosing easyJet, and we hope to provide you with a smoother experience on your future travels with us.

Kind regards,

Again it seems they are using a delay to the flight out to use regarding air traffic control and as previously stated that was not the delay. It was broken air conditioning,

Where do I stand. Can I take it further and if I can what would be my next move.?

bagand96

This is likely one of those cases where a number of factors caused the overall delay. 

Your flight was operated by aircraft registration G-UZHJ. This arrived into Paphos from Gatwick as EZY8651 landing 49mins late (scheduled arrival 13:50, landed 14:29).  Entirely plausible this was an ATC delay. 

Your flight then had the a/c problem and took off 3hrs 26m late (STD 14:30, ATD 17:56) landing in Gatwick 2h 49m late (STA 17:30, ATA 20:18). For EC261 claims it's doors open time that counts, assume the Flightaware arrival time of 20:31 is this. 

easyJet will argue that the ATC delay to the inbound is what pushed the delay beyond 3 hours. Aircraft was 49mins late inbound. Had it arrived on time, then even with the a/c problem they could have got you back inside 3 hours. 

ATC delay (not easyJet attributable) = 49mins
Technical delay (easyJet attributable) = 132 mins 

If you're unsatisfied you can escalate either by AviationADR or legal action (small claims court). easyJet will make the same argument, they will be required to provide evidence to back up their claim. 

eskbanker

bagand96 said:

easyJet will argue that the ATC delay to the inbound is what pushed the delay beyond 3 hours. Aircraft was 49mins late inbound. Had it arrived on time, then even with the a/c problem they could have got you back inside 3 hours. 

ATC delay (not easyJet attributable) = 49mins
Technical delay (easyJet attributable) = 132 mins 

EasyJet will be backed by case law (Pešková and Peška -v- Travel Service A.S. (C-315/15)), which declared that if the total delay is caused by some extraordinary circumstances and also some within the airline's control, the former is deducted from the total before assessing airline liability for compensation:

Article 5(3) of Regulation No 261/2004, read in the light of recital 14 thereof, must be interpreted as meaning that, in the event of a delay to a flight equal to or in excess of three hours in arrival caused not only by extraordinary circumstances, which could not have been avoided by measures appropriate to the situation and which were subject to all reasonable measures by the air carrier to avoid the consequences thereof, but also in other circumstances not in that category, the delay caused by the first event must be deducted from the total length of the delay in arrival of the flight concerned in order to assess whether compensation for the delay in arrival of that flight must be paid as provided for in Article 7 of that regulation.

https://curia.europa.eu/juris/liste.jsf?num=C-315/15