Flight delay and cancellation compensation, Easyjet ONLY

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  • zonecrew
    zonecrew Posts: 105 Forumite
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    faisal07 wrote: »
    Hi zonecrew,

    Clam rejected as expected, I'll have to go through the same process as you. Adjudicator and then possibly small claims court. No immediate plans to use a claims company yet. This is the reason they give.

    Our assessment of your claim
    To further explain what happened on the day; due to a passenger welfare issue your aircraft had to return to its parking stand. This caused a delay on your fight which led to the crew not having enough legal hours to operate to Antalya. There are strict industry wide rules on the number of hours our crew are allowed to work. To protect the safety of our customers and crew, these hours cannot be exceeded. As a result your flight was overnight delayed. 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.


    Easyjet have agreed to settle my claim Faisal. So, hopefully you should get some positive news very soon as well.

    As a gesture of 'goodwill' (Yeh, right 😂)

    Anyway, thanks for the advice on this site guys
  • motorguy
    motorguy Posts: 22,477 Forumite
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    OK, we had a flight Luton -> Belfast last thursday evening @ 16:35.

    We were taken off the plane at the last minute due to a technical fault and they said they were going to bring another plane in (presumably at the end of its working day). It was however the night of the storms over Europe so after keeping us waiting and waiting they eventually cancelled the flight at 01:30.

    Given the choice between queue for another two hours to get another flight booked (booking up quick for the following day) we went ahead and booked our own flights and accommodation (@02:30 in the morning).

    We've since been refunded for the cancelled flights.

    I've a screen shot from the app showing the flight was postponed due to a technical fault on the original plane, however the reasons they were citing at 01:30 was "adverse weather conditions and an air traffic control fault".

    Costs are significant - £220 each for the flights, £80 for the hotel, couple of UBERs.

    Assuming they accept responsibility, what are we entitled to?

    Just our costs back (if we're lucky)
    OR our costs back plus the compensation for 3+ hours delay?
  • legal_magpie
    legal_magpie Posts: 1,194 Forumite
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    Compensation for the delay plus your expenses. As to the new flight, you are entitled to the extra cost involved I.e. cost of new flight less money refunded.
  • Geoff68
    Geoff68 Posts: 10 Forumite
    edited 2 August 2019 at 9:45PM
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    Hi
    my Daughter & Friends had their flight form Paris(CDG) To Liverpool (LPL) on Fri 26th July cancelled a few hrs before departure and the reason on the app was Staff/crew had reached max working hrs, they arrived at the airport and was told that the alternative flight on Sunday 28th was already fully booked ( they checked the app as soon as they received the info about the flight being cancelled and knew the alternative flight was already fully booked- they never opted for a refund at the time- and this has since been removed from the app info online acct )
    the staff told them Monday 29th would be the next available flight- and they could only offer them 1 nights accommodation and they would have to find their own accommodation for the other 2 nights.

    they were not offered any other duty of care and decided to get the Euro star ( Train) that evening.

    she has since filled a compo claim and expenses claim via online.
    Both Claims have been declined.
    below is the reason , they are now trying to blame the weather and air traffic control, we checked the flight arrivals at the time and apart from the odd slight delay in to Liverpool , every flight arrived and ONLY the EASYjET EZY044 was Cancelled.

    Dear Alice,
    We are sorry for the disruption to your flight. Our assessment and legal team have carefully reviewed your claim, including the circumstances around your flight and have confirmed that your compensation claim is not eligible for compensation payment under EU Regulation EC261/2004. Please note that this may not match with the information you were given on the day of travel, as our staff in airports, and on-board, may not have had all the information concerning your cancelled flight.


    Our assessment of your claim
    To further explain what happened on the day and as you may be aware; there was adverse weather across Europe with thunderstorm activity. Many countries, including the UK were affected, causing severe disruption, not only to our network but other airlines too. As a result, air traffic control substantially regulated the amount of air traffic using European air space. These circumstances meant that there were long delays to obtain permission for a ‘slot’. The delays continued throughout the day and knocked on to later flights. We therefore had no alternative but to cancel this flight. 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 cancellation to this flight was as a direct result of adverse weather conditions and subsequent air traffic control restrictions.


    EU261 Regulation
    When we have to disrupt a flight due to circumstances outside of our control, the flight is classified under EU regulation 261/2004 as being affected by “extraordinary circumstances”. An example of disruption outside of our control would be that primarily caused by air traffic control restrictions, industrial action, severe weather conditions or a runway closure.
    EU261 compensation is only payable when a flight is delayed by 3 or more hours after the scheduled arrival time, or the flight is cancelled, and the reason for the delay or cancellation was within our control. This type of disruption is classified as “non-extraordinary circumstances” in the EU Regulation. Examples of this include most aircraft technical faults or when we haven’t taken reasonable measures to prevent or minimise disruption.

    the reason they have declined the expenses is they say missing info -
    Flight Date
    Flight Route
    Fare Class
    Passenger Name
    Airline Name
    Price

    Please send us the receipt which has the above information. they never got flights

    What can she do next,

    thanks

    Geoff
  • Justice13075
    Justice13075 Posts: 2,008 Forumite
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    Blah Blah Blah Bull Sxxt. Eu claim say you have a case for €250 compensation for the flight being cancelled. Easy Jet should have offered the group re-routing with another Airline which they don't seem to have done. Put the flight details into bottonline if they agree the compensation you will be on pretty solid ground. Contact them and ask for a deadlock letter so you can take it to arbitration. Regarding the original flight cost. If the Eurostar was more expensive than the flight they should pay you the difference. You dont get the flight cost back as well as the Eurostar cost.
  • cambup
    cambup Posts: 3 Newbie
    First Anniversary
    edited 3 August 2019 at 4:05PM
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    Hi,

    Apologies if this has been covered before. Have been refused compensation for an Easyjet flight from the Isle of Man that was cancelled because of the non-arrival of the inbound aircraft (legitamately diverted Liverpool due to fog).

    The specific response from Easyjet is below:

    "Our assessment of your claim
    To further explain what happened on the day; low visibility over the Isle of Man meant that the aircraft was below legal limits to be able to land there and had to divert to Liverpool on the previous flight. As weather conditions were not forecast to improve for some time, it was arranged for the flight to return to Gatwick after refuelling. To minimise inconvenience to our customers, we had no alternative but to cancel the 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 the cancellation to the flight was as a direct result of adverse weather conditions and subsequent air traffic control restrictions."


    I would argue that is irrelevant to my compensation claim as those weather problems were not directly related to my flight - at the time my flight was due to leave the weather was clear (as evidenced by other aircraft departing around the time of the scheduled departure of our plane). Does anyone know of any specific case law relating to knock-on impact of non-arrival of an inbound aircraft?

    Also in order to seemingly absolve themselves from the ruling in Wallentin/Hermann where the airline has to prove that they did everything in their power to avoid the cancellation (short of bankrupting the airline) they talk about having replacement spare crew and aircraft available and "subsequent air traffic control restrictions". I would like them to ask them to prove this as I am pretty certain this is untrue (or they made no attempt to fly a replacement plane to IOM to pick us up) as the weather seemed clear for hours in the afternoon. I believe that aircraft were arriving and departing in the afternoon (and probably the only inbound flight to not arrive in the morning was our inbound plane)- if anyone has a subscription to flightstats.com or similar would be very grateful if you could confirm this. My flight was 852 from IOM to LGW on 29/6/19. I presume I can ask for and Easyjet should provide proof of the air traffic control restrictions on which they seem to be relying?

    I would like to go back to Easyjet to challenge their assertions and ask them to provide details and proof which they are seemingly required to do under the law but they say

    "Our Customer Services team will not be able to access any more information than we’ve provided here" - have people just gone back to the Customers Service team regardless or is there some other team at Easyjet you can contact?

    I am not particularly interested in using Bott etc and would happily take Easyjet to court rather go to an adjudicator (which just seems to a delaying tactic from the airlines - I had a previous interaction with Virgin which resulted in them deadlocking the case and referring me to the adjudicator which i just ignored and filed with the small claims court and miraculously they then paid up immediately)

    Thanks for any help/suggestions anyone can give!
  • Geoff68
    Geoff68 Posts: 10 Forumite
    edited 3 August 2019 at 8:32PM
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    Blah Blah Blah Bull Sxxt. Eu claim say you have a case for €250 compensation for the flight being cancelled. Easy Jet should have offered the group re-routing with another Airline which they don't seem to have done. Put the flight details into bottonline if they agree the compensation you will be on pretty solid ground. Contact them and ask for a deadlock letter so you can take it to arbitration. Regarding the original flight cost. If the Eurostar was more expensive than the flight they should pay you the difference. You dont get the flight cost back as well as the Eurostar cost.

    so she contacts easyjet for a deadlock letter? and then goes through Botts?

    sorry for the questions , ain't got a clue about this stuff, is this the only action she can take , as reading through the whole thread is a load of stuff way over my head.


    had another quick read, so i see if i have a case by using botts, then get easyjet to sentd me a deadlock letter, so i can then use ADR , or have i got it completely wrong? do i have to send easyjet a letter requesting deadlock? and is there a template? i can use

    sorry again
  • Justice13075
    Justice13075 Posts: 2,008 Forumite
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    No, You get a deadlock letter and go to this site https://www.cedr.com/consumer/aviation/
    and submit a claim.
  • Geoff68
    Geoff68 Posts: 10 Forumite
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    No, You get a deadlock letter and go to this site
    and submit a claim.

    how do i get a dead lock letter , do i have to send them a letter requesting it or can i email them,

    is their a template to use,

    thanks for the help
  • Justice13075
    Justice13075 Posts: 2,008 Forumite
    First Anniversary First Post
    edited 3 August 2019 at 8:51PM
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    When they rejected your claim did they send a letter or an email. Just reply to that or call them.
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