Flight Delay Compensation

Harg8000

Myself and my family travelled to Crete from London Gatwick in July 2024 with easy Jet. During out outbound flight, we were notified that there was a fault with the plane and we had to divert to Athens. After several hours, they advised that the plane could not be fixed and we were told to disembark the plane and collect our luggage. There was no updates from easy Jet so we ended up getting an overnight ferry to Crete which arrived the next morning. 

Easy Jet finally arranged for a flight to take passengers from Athens to Crete the following day in the evening which resulted in the plane arriving over 32 hours later than originally scheduled. 

After many months of fighting our right to statutory compensation via ADR, easy Jet has advised that as we did not complete the journey with them (referencing case law Sturgeon v Condor and Air France SA v Folkerts), the inconvenience did not actually arise and we are not entitled to compensation!

Surely this can't be right. Is anyone please able to assist as I am slowly but surely losing the will to carry on this fight!

Hoenir

There was no updates from easy Jet so we ended up getting an overnight ferry to Crete which arrived the next morning. 

This was entirely your choice.  You say finally arranged. For unplanned events such as this. There's a lot of planning and scheduling involved. Expectatations need to be realistic. Given that much is outside of the airlines direct control as well. 

eskbanker

Harg8000 said:

After many months of fighting our right to statutory compensation via ADR, easy Jet has advised that as we did not complete the journey with them (referencing case law Sturgeon v Condor and Air France SA v Folkerts), the inconvenience did not actually arise and we are not entitled to compensation!

Just to confirm, you claimed from EasyJet, who rejected your claim, and then took your case to the independent AviationADR, who have sided with the airline?  AviationADR should have shown their workings, in terms of how they're persuaded of EasyJet's line of argument and how it aligns with case law?

If AviationADR didn't accept your position then your only remaining option will be to pursue EasyJet via small claims.

Harg8000

Thanks eskbanker. I have until Friday to submit a response to ADR regarding EasyJet's argument so ADR have not actually determined the outcome yet. I will await their determination.  

eskbanker

Harg8000 said:

Thanks eskbanker. I have until Friday to submit a response to ADR regarding EasyJet's argument so ADR have not actually determined the outcome yet. I will await their determination.  

Sounds like it would be worth spending some time before then reading the judgments that EasyJet cites to ascertain if they're as relevant as EJ assert them to be?  If previous experience is anything to go by, they'll have submitted a lengthy document containing plenty of data, much of it irrelevant, but if that's the crux of their argument then this is your best opportunity to challenge it....