Flight delay and cancellation compensation, Easyjet ONLY

1291292294296297394

Comments

  • helenar
    helenar Posts: 5 Forumite
    Apologies for the incorrect posting!
    So here's the details of the flight:

    Flight Number: 6082
    Flight Date: 18-03-2018
    Scheduled Departure Airport: VIE
    Scheduled Arrival Airport: BRS

    Hope someone can help. Cheers.:beer:
  • Justice13075
    Justice13075 Posts: 2,008 Forumite
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    EuClaim say you don't have any compensation due. Probably down to the weather. Put your flight details into bottonline and see what they say.
  • On the 3rd March I was due to fly back from Salzburg to Bristol (EZY6290) after checking in at the airport and going into departures, the plane was finally cancelled technical reasons ...

    Thankfully we were able to find accommodation locally as Easyjet unable to help (no staff), we booked flights via BA to Gatwick and got a hire car from gatwick to Bristol Airport the following day. This 'out of pocket' expense money has eventually been covered by Easyjet.

    I also claimed for compensation under EC261 - but Easyjet claim now that it was adverse weather that caused the problem and therefore we are not due any compensation. However, whilst we were in departures at Salzburg a TUI flight took off from Bristol, flew to Salzburg and flew back to Bristol!!
    In addition to this bristol airport on their Facebook page for the day in question state that they are fully open.
    Our incoming flight from Bristol to Salzburg although it stated was boarding (on the Bristol Airport departures website) never actually took off because Easyjet decided to cancel all their flights.
    I also have a screen shots of the Easyjet website that claims the flight was initially delayed for technical reasons on the plane earlier that day and that it was then changed to another plane and that they would try to minimise the delay. Two hours later they cancelled the flight quoting that due to technical issues within the fleet they are cancelling the flight. Not once was there a mention of adverse weather which is the reason they are now quoting as to why I shouldn't get compensation.

    Any advice welcome as to if it is worth pursuing with the CEDR as Easyjet in their last email to me (despite me sending copies of their own screen shots, Bristol Airports Facebook Page and a newspaper article stating that despite the airport being open Easyjet elected to cancel their flights that day) claimed that they had no further information to add...
  • NoviceAngel
    NoviceAngel Posts: 2,271 Forumite
    Hi Gismocatgismo,

    Welcome to our world of flight delays.

    It sounds like you have a valid claim under EC261/2004.

    CEDR, is not favoured generally here, we just take them to court or use a good NWNF Solicitor.

    First thing I would do is read Vaubans guide, then issue an NBA and see what response you get then come back and we’ll advise further.
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

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  • JPears
    JPears Posts: 5,086 Forumite
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    To add to Novice's comments - CEDR appear to come up with some unsual decisions in favour of either airlines or passengers. Use of the CEDR doesn't hamper further paths such as a NWNF firm or going to court yourself. But it will add time on to your claim.
    Presumably you are seeking a claim for: 1. duty of care expenses - hotel/food and drink. 2. Additional costs of BA flights and car hire?
    3. Compensation under regulation 261/2004?
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  • Gismocatgismo
    Gismocatgismo Posts: 6 Forumite
    edited 25 April 2018 at 2:44PM
    Thanks both for your responses. We have received financial retribution for the additional costs (hotel, flights, car hire). But were wondering about compensation due to cancelled flight under 261/2004? Does this alter the advice that you have given? From reading your comments you think that NWNF may be better than CEDR? In which case do you have any recommendations for NWNF (assuming I need to go down that route after sending a NBA)?
  • NoviceAngel
    NoviceAngel Posts: 2,271 Forumite
    edited 25 April 2018 at 3:22PM
    Thanks both for your responses. We have received financial retribution for the additional costs (hotel, flights, car hire). But were wondering about compensation due to cancelled flight under 261/2004? Does this alter the advice that you have given? From reading your comments you think that NWNF may be better than CEDR? In which case do you have any recommendations for NWNF (assuming I need to go down that route after sending a NBA)?

    Well from my point of view ‘right to care’ in the regs are separate to delay compensation, you will always have a ‘right to care’ even IF the delay is subject to a genuine EC.

    To answer your question directly, I personally would issue an NBA, then go through CEDR, if not favourable then issue court proceedings or if your case is is really looking like intricacies about the regs and law then I would pass it over to a good NWNF Solicitor.

    But good luck with your claim anyway.

    EDIT - As to recommendations regarding a good NWNF Solicitor send the NBA, then come back, there’s only so much free advertising I can mention - blimey Jet2 thread is littered with my loose comments!
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

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  • JPears
    JPears Posts: 5,086 Forumite
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    edited 25 April 2018 at 4:06PM
    Gismo - that is good to hear that you have already been recompensed for your additional expenses.
    The different routes:
    NBA which ever route first.
    then:
    1. Complete MCOL small claims court (or on paper if more than one claimant - N1 form). Pros - if you win you will keep all of your compensation and have your court fees paid. Cons - if it actually goes to a hearing you will have to prepare alot of paperwork with all your legal arguements in support of your case (3 times over) and have to pay court fees in advance. On rare occasions you may then have get the sheriffs in to recover money you are owed.
    2. CEDR - pros - nothing really!
    Cons - if you win the decision whilst "binding" on the airline, is not enforceable by CEDR! Certain airlines have still refused to payour when an ADR has found in favour of the passeneger.
    You will have to prepare alot of paperwork with all your legal arguements in support of your case.
    Back to square one with small claims court. If you loose, you have to pay a fee - £25?
    These cases are ajudicated by a legally trained individual, not a judge. There have been quite a few unsual decisions (both ways). There is no appeals process.
    3. A NWNF firm such as Botts. Pros - they do all the legwork, no risk. They know their onions. They will chase for payment.
    Cons - they may not take on your case or drop it if it looks to be high risk. They will take about 30% of your compensation.
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  • NoviceAngel
    NoviceAngel Posts: 2,271 Forumite
    JPears wrote: »
    .........

    2. CEDR - pros - nothing really!
    Cons - if you win the decision whilst "binding" on the airline, is not enforceable by CEDR! Certain airlines have still refused to payour when an ADR has found in favour of the passeneger. Back to square one with small claims court. If you loose, you have to pay a fee - £25?


    So for my benefit in answering questions on here, would your advice be to skip CEDR altogether and go straight to MCOL or Botts ?

    In my mind it might cost £25 ish but legal costs are higher and some of the DJ’s are not always clued up on EC261/2004 but to be fair the same can be said about CEDR! We could get a job at CEDR? At least the decisions would be consistent, the airlines would lose every time :)
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

    Hi, we’ve had to remove part of your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • JPears
    JPears Posts: 5,086 Forumite
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    After reading my own precis, I concur!
    I've edited as I forget to add in the Cons of CEDR - you still have to produce alot of paperwork in support of your case!
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
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