Easyjet "Circumstances beyond our control" flight delay.

Marksfish

Our recent flight from Malta was delayed from 23.40 and took off at 03.30 next morning. Arrival time should have been 01.55, but was 05.30 into Gatwick. I was on an Easyjet package holiday and received a text at 14.16 to say the flight had been delayed and to keep an eye on the flight tracker, which I did. Flight 8766 "Your plane was delayed on a previous flight because of a passenger issue, causing the flight to divert. The disruption is outside of our control and is considered to be an extraordinary circumstance. The hotel transfer wasn't delayed by Easyjet, collected from hotel at 21.00, even though they delayed latest check in until 01.30. Vouchers to the grand sum of 4.50€ ea issued, not even enough for a cup of tea and a sandwich!!

It seems that some pax were notified about the delay at 09.00 and some not at all. Our eventual plane was a "replacement" A321 instead of the A320 scheduled. Whilst I would agree to a point that this was outside their control, I would consider knowing about the issue 14.5 hours prior to the flight would give enough time for contingencies to be put in place.

Of course, you know where this is leading, is it worth me launching a claim for the delay?

eskbanker

If they operated the flight using a replacement aircraft then chances are that this was as a result of invoking contingency measures, but if there was a delay notified to some substantially earlier in the day then that may have been unrelated, e.g. due to ATC restrictions rather than the passenger incident.

All you can really do is to prepare by gathering as much information as you can about the facts pertaining to the relevant flights that day, and then submit your claim for the delay - in all likelihood they'll reject it and you can then take it to AviationADR, after which they'll supply a much more detailed document about what happened.

Marksfish

super, thank you 

NoodleDoodleMan

As eskbanker says - Aviation ADR is the "go to" for final dispute resolution in these circumstances.

In my very recent experience it is a relatively slow process and you need to have as much relevant information as it is possible to gather in support of your claim.

Easyjet will submit a near endless plethora of highly detailed documentary evidence based on ATC records etc. 

In my case, the ADR official found in Easyjet's favour based on the ATC restrictions - just as they claimed.

The old adage "It's hard to fight City Hall" applies !!!

Good luck regardless.  

Marksfish

Thanks. I used the ADR scheme many years ago against TUI and the result was favourable. I recall it took a long time and they disputed the outcome, then failed to pay on time. It was a nightmare!

Westin

If this was on 24 Oct then these are the actual operational times:

Scheduled:  MLA 23:40 LGW 01:55
Actual:         MLA 03:42 LGW 05:26
The flight operated on A321 aircraft.

Whilst I can understand frustration at checkin out from your hotel at midday and not being taking to the airport and depart until much later, that is one of those things when night flights are included.  The subsequent delay, especially at night and at the airport, probably tiresome.  In these instances however the airline/operator cannot always change multiple transfers and hold some people back in resorts. 

The flight on the 24th could well have had a much longer delay but it seems Easyjet managed to reduce this delay by substituting another aircraft (and finding one more cabin crew member) to operate this flight. As you mention it operated on an A321 (G-UZMH) instead of an A320 aircraft.  That aircraft was switched on to the LGW MLA LGW service after returning from Hurghada, Egypt. 

The above why perhaps the revised new scheduled departure time was changing, and another good reason why to have people at the airport and not scattered around the island.

As to the reason for the initial delay, your flight may have been scheduled originally on one of two aircraft that experienced lengthy delays that day.  One aircraft operated to and from Lanzarote (ACE). On the return flight ACE-LGW there was ‘passenger disruption’ on board. So bad that the flight ended up diverting to Faro in Portugal. Some passengers left the flight at that point before the flight could continue to London Gatwick. This was an A320 (G-EJCV) which lines up with your comment about originally being on this Airbus variant. 

The other major delay that day was on an A321 aircraft and that diverted to Lisbon on a flight between Gatwick and Agadir following a medical emergency.

The people who said they knew of the delay at 09:00 must have been mistaken unless there were even more factors in play.

The reason for the initial delay looks very sadly a passenger issue. An ‘extra-ordinary’ event and one that whilst airlines seem to face more is not one that they can be held accountable for. 

It seems light refreshments were offered at MLA, albeit you feel the value not enough.  

The airline did actually reduce the length of the delay by substituting aircraft.

No compensation due given the delay reason.  No reason I can see to challenge with Aviation ADR if the airline have already said the events for the delay were outside of their control. 

Sometime, sadly, things happen. The 3h31m delay in the early hours understandable annoying nevertheless.

Marksfish

Thanks for that, very informative and much more info than given by EJ.

NoodleDoodleMan

Marksfish said:

Thanks for that, very informative and much more info than given by EJ.

That seems to be a large part of the problem - you only get a more detailed picture of events indirectly from Easyjet when you escalate your claim to ADR. 

Marksfish

It's a shame they can't be a bit more forthcoming in their delay explanations, could help them in the long run with less people making claims against them. I'm sure it costs them to go to ADR, so it would be a winning situation for them.

NoodleDoodleMan

The claimant can go to ADR without any cost involved, I reckon many do on that basis, with nothing to lose.

However, as you say, if Easyjet were presenting upfront the details that led to a flight cancellation that would possibly convince potential EU261/2004 claimants that they had no case. 

That would generate a lot of administration for relevant Easyjet staff, probably why they try and bodyswerve so much.