Easyjet Compensation Claim rejected

mrh

After a 12hr delay on the IOM, apparently EasyJet don't have to pay compensation as "it's not their fault"...  

Is this true?

What should my next steps be please?

This caused missed trains  and extended parking charges - plus the costs of 12hr lost at the Airport!

This is their response....

"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; a third party supplier at the airport caused damage to the the plane that was schedueled to take you to London Gatwick. Once parked in the gate area, the damage to the aircraft had to be assessed. Unfortunately, there was significant damage found which we were unable to repair, we had no option but to delay your flight. We do take reasonable measures to avoid cancellations and delays to our flights by having replacement crews and spare aircraft available in our network. In the circumstances, these options were not possible as higher than expected levels of disruption to our network meant that our replacement crew and spare aircraft had already been deployed."

In my mind, our contract is with Easyjet - and our flight was delayed, so Easyjet are liable.....  I'm sure they'll be invoicing the supplier for the damage.

Is this typical EasyJet, or are they correct?

All suggestions gratefully received!

Thanks!

MattMattMattUK

mrh said:

After a 12hr delay on the IOM, apparently EasyJet don't have to pay compensation as "it's not their fault"...  

Is this true?

What should my next steps be please?

This caused missed trains  and extended parking charges - plus the costs of 12hr lost at the Airport!

This is their response....

"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; a third party supplier at the airport caused damage to the the plane that was schedueled to take you to London Gatwick. Once parked in the gate area, the damage to the aircraft had to be assessed. Unfortunately, there was significant damage found which we were unable to repair, we had no option but to delay your flight. We do take reasonable measures to avoid cancellations and delays to our flights by having replacement crews and spare aircraft available in our network. In the circumstances, these options were not possible as higher than expected levels of disruption to our network meant that our replacement crew and spare aircraft had already been deployed."

In my mind, our contract is with Easyjet - and our flight was delayed, so Easyjet are liable.....  I'm sure they'll be invoicing the supplier for the damage.

Is this typical EasyJet, or are they correct?

All suggestions gratefully received!

Thanks!

They are correct.

In relation to additional transport, parking etc. that is a matter for your travel insurance. 

Caz3121

mrh said:

In my mind, our contract is with Easyjet - and our flight was delayed, so Easyjet are liable.....  I'm sure they'll be invoicing the supplier for the damage.

not as simple as that in the regulations....
for compensation to apply the reason for delay needs to be within the airline's control. 
Weather, Air Traffic restrictions are examples where it is clear the airline have no control over so no compensation applicable
A third party supplier - not EasyJet employees could also be taken as outside their control 
Duty of Care applies whatever the reason for the delay so you should be reimbursed for refreshments etc during the delay at the airport - there should be a form where you can submit receipts
For trains and parking, have you checked if your travel insurance would cover these?

mdann52

Who actually caused the damage to the plane?

If it was a contractor (for example, EZY appointed ground handling agents) they are liable under UK261.

If it was a unrelated 3rd party (for example, airport fire service, another airline etc) then they aren't liable.

user1977

mdann52 said:

Who actually caused the damage to the plane?

If it was a contractor (for example, EZY appointed ground handling agents) they are liable under UK261.

If it was a unrelated 3rd party (for example, airport fire service, another airline etc) then they aren't liable.

"Third party supplier" would be an odd term to use if they didn't mean "a supplier to us".

mdann52

user1977 said:

mdann52 said:

Who actually caused the damage to the plane?

If it was a contractor (for example, EZY appointed ground handling agents) they are liable under UK261.

If it was a unrelated 3rd party (for example, airport fire service, another airline etc) then they aren't liable.

"Third party supplier" would be an odd term to use if they didn't mean "a supplier to us".

My thoughts exactly, and why I think this is likely on scope. OP does need to push this further with EasyJet/ADR