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    • astar351
    • By astar351 13th Feb 19, 9:14 AM
    • 3 Posts
    • 0 Thanks
    astar351
    EasyJet flight cancellation
    Dear all,

    I hope you are well. My friends and I were due to fly to Amsterdam via Southend Airport on 01/06/18. Our flight was at 07:05 and we were due to land in Amsterdam at 09:00. However, when we arrived at the airport at 05:00, we found out that our flight had been cancelled. There were so representatives from Easyjet present at the airport so we had to deal with the Southend Airport staff directly. Apparently, our flight had been cancelled because it was stuck at Gatwick Airport for one reason or another but that was all that they knew. On that day, flights from other airports were leaving as scheduled so we did not know what the problem was in this instance.

    They had offered to order us a taxi home, thus ending our holiday then and there in an instant but we asked if there were any other alternatives as we did not want to go back home. The next flight to Amsterdam from Southend was at 19:20 which involved waiting for far too long. After much deliberation, we decided that we were reluctantly going to go back home. However, a Southend Airport employee Lindsay said there was space on the 14:40 flight to Groningen but we would have to make our own way to Amsterdam as Easyjet had not offered to do so which is pathetic. We agreed to this as we did not want our holiday to end before it started. In the time we waited for the flight, we were not looked after at all. No food or drink vouchers were offered.

    The flight itself was delayed and did not depart till around 15:45 so we arrived in Groningen at 17:45. From this point we had to figure our a way to reach Amsterdam. Firstly, we had to get a bus from the airport to Groningen central in order to catch a train to Amsterdam. We caught the bus and arrived in the city centre at around 18:30 and caught a train to Amsterdam. We did not arrived in Amsterdam till 21:10 after many painful hours of waiting and hundreds of euros unnecessarily spent just so we could reach our destination, 12 hours later!

    Our holiday had passed and we arrived back in England on 03/06/18. Funnily enough or flight was delayed by over an hour when we were leaving Amsterdam. When we came back, we agreed that we would put a form in to claiim compensation based on the recommendation of the staff at Southend Airport. Since I paid for the holiday, I completed the EC261 compensation claim form and this was the reply I got:

    EU261 Compensation Claim Assessment
    Claim received: 6/6/2018
    Flight Number: 7401
    Flight Date: 01/06/2018
    Scheduled Departure Airport: SEN
    Scheduled Arrival Airport: AMS

    Claim decision: Declined
    Decision summary: We’re sorry that your flight was cancelled. Our assessment and legal team has carefully reviewed your claim and the circumstances around your flight and have confirmed that your compensation claim is not eligible for compensation payment under EU Regulation EU261/2004. 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.



    Dear Anuj

    We’re sorry that your flight was cancelled. Our assessment and legal team has carefully reviewed your claim and the circumstances around your flight and have confirmed that your compensation claim is not eligible for compensation payment under EU Regulation EU261/2004. 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; adverse weather conditions across Europe and the UK with low visibility, CB and thunderstorm activity caused long delays to flights, as air traffic control substantially restricted airspace near affected areas. Some airports experienced flooding and power failure. Weather forecasts did not predict improvement for an extended period. The delays meant that in some cases crew were pushed to their maximum legal operating hours. There is strict industry-wide rules on the number of hours our crew is allowed to work. To protect the safety of our customers and crew, these hours cannot be exceeded. Ultimately, given all the circumstances and to minimise inconvenience to our customers, we had no alternative but to cancel the flight. We do take reasonable measures to avoid delays and cancellations to our flights by having replacement crew and spare aircraft available in our network. However, on this day, there were higher than expected levels of disruption due to adverse weather and air traffic restrictions, which meant that all our replacement crew and spare aircraft had already been deployed.


    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.

    Expenses
    Even if your compensation claim has been declined, you may be eligible for reimbursement of reasonable expenses incurred as result of the disruption. If you have not already done so, you may submit an expenses claim on our website at easyjet.com/ en/help/boarding-and-flying/delays-and-cancellations. Please read this carefully before submitting a claim as this explains how we assess expenses.
    The only way to make a claim is via our expenses webform, we can’t process claims submitted by email or over the phone.

    Your options now
    We hope this letter clearly explains why we had to delay your flight. Our assessment team have thoroughly investigated all the available information and our decision is final.
    Our Customer Services team will not be able to access any more information than we’ve provided here. Please read our “compensation explained” section on the following link which will hopefully answer any further questions you may have.
    If, after reading this, you still would like to challenge our decision you should contact an Alternative Dispute Resolution (ADR) supplier. The Centre for Effective Dispute Resolution (CEDR) is approved by the CAA to provide dispute resolution services and an independent adjudication of your complaint under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015. CEDR’s contact details are:

    Centre for Effective Dispute Resolution
    70 Fleet St., London EC4Y 1EU
    Website. cedr. com/ aviation
    Email: aviation @ CEDR.com

    If you decide to refer your case to CEDR, please note you will need to refer your complaint to them within 12 months of this email.

    Once again we are sorry for disrupting your flight.

    Claim reference: ETX5V3B-7401-001
    Case reference: 102927260

    Kind Regards

    Rachel
    easyJet Customer Services

    Luckily enough, I had the pleasure of meeting Mr Martin Lewis when I was at work and I explained the situation to him briefly and he said I should be able to claim for compensation. I just do not know what to do anymore because the situation is driving me insane. Sorry my post is long winded and I sincerely thank you for all your help in advance.
    • Caz3121
    • By Caz3121 13th Feb 19, 9:24 AM
    • 11,748 Posts
    • 7,667 Thanks
    Caz3121
    checking EUClaim it shows
    An analysis of the data for this flight shows that an extraordinary circumstance was the cause of the delay.
    Unfortunately you are not entitled to compensation.
    An extraordinary circumstance is a situation which the airline has no control over and cannot be held responsible for, for example, a strike by air traffic control staff, bad weather or a terrorist attack.

    expect a hard fight for any compensation
    • Lisabartlett
    • By Lisabartlett 13th Feb 19, 9:30 AM
    • 1 Posts
    • 0 Thanks
    Lisabartlett
    We had a flight cancellation due to crew being over their flying hours as a result of a medical emergency on the previous flight. We applied via their website for compensation ( they had already reimbursed our flights) and Easyjet came back stating this was out of their control. I disputed this via the independent adjudication service they refer you to and asked for it to be reviewed, my argument being; although they had standby crew they were all deployed elsewhere but no mention WHEN they were deployed as this was blanked on papwork easyJet sent me. Adjudicator found there was no standby crew after 2100hrs!! Secondly it was proven that Easyjet could have flown us to Spain and been within their flying hours just didn’t have time to fly back to Bristol , not my problem!! So, it found in our favour that Easyjet could have put reasonable measures in place to have got us to Spain but didn’t. I received £2000 in compensation 3 weeks ago. My flights only cost £770 and these were refunded at the time.
    • Lalaxbx
    • By Lalaxbx 13th Feb 19, 10:06 AM
    • 6 Posts
    • 0 Thanks
    Lalaxbx
    Hi, yes I can see that now, not quite on the ball last night!

    You can reply to their defence at CEDR with a rebuttal stating that an accumulation of various knock on delays to other flights during the day does not give them a reason to refuse you compensation.

    It is up to the airline to prove that any claimed EC is a genuine EC and how it affected YOUR flight, taking it over the 3 hour threshold.

    CEDR understand all of this and should ensure the airline work within the framework of the EC261 regulations. Hopefully they will be able to see through the smoke screen defence.

    Good luck.
    Originally posted by Tyzap
    Lalaxbx- that cobbled together list just smacks of desperation....
    Originally posted by JPears

    Thanks for the advice - The absolute worst part of it was being dumped at BRS at 3am with 2 young kids, accommodation booked in Swansea and Avis being closed so no way to get there- totally ruined the weekend for us, hopefully CEDR see sense and award the compensation.
    • Bumblies
    • By Bumblies 13th Feb 19, 1:05 PM
    • 17 Posts
    • 14 Thanks
    Bumblies
    Cancelled flight - Car Parking cost recovery

    Has anyone successfully reclaimed additional car parking charges resulting from a flight cancellation by EasyJet? My flight back from Prague on 23.12.18 was cancelled (EasyJet say delayed to next day but substitute flight had a different number). As a result I incurred a £20 overstay charge on my car parking. EasyJet has accepted the cancellation/delay was their responsibility and have agreed to pay EU compensation (which I am still awaiting) but has refused to reimburse the car parking charge. When I attempted to claim the money on my travel insurance they said it's the carrier's (EasyJet's) responsibility and rejected the claim. As things stand I'm £20 out of pocket through no fault of my own (OK the EU compensation, when it arrives, will cover it but that's not the point).
    Last edited by Bumblies; Yesterday at 10:36 AM.
    • jpsartre
    • By jpsartre 13th Feb 19, 1:21 PM
    • 3,748 Posts
    • 2,358 Thanks
    jpsartre
    There's no legal requirement for easyJet to refund this so you're relying on a goodwill gesture. As you say, the compensation will more than cover it.
    • Tyzap
    • By Tyzap 13th Feb 19, 2:18 PM
    • 1,845 Posts
    • 793 Thanks
    Tyzap
    Has anyone successfully reclaimed additional car parking charges resulting from a flight cancellation by EasyJet? My flight back from Prague on 23.12.18 was cancelled (EasyJet say delayed to next day but substitute flight had a different number). As a result I incurred a £20 overstay charge on my car parking. EasyJet has accept the cancellation/delay was their responsibility and have agreed to pay EU compensation (which I am still awaiting) but has refused to reimburse the car parking charge. When I attempted to claim the money on my travel insurance they said it's the carrier's (EasyJet's) responsibility and rejected the claim. As things stand I'm £20 out of pocket through no fault of my own (OK the EU compensation, when it arrives, will cover it but that's not the point).
    Originally posted by Bumblies
    Hi Bumblies,

    Compensation is there to compensate you for the inconvenience caused by the delay, it’s not there to cover costs incurred during the delay.

    Although EU261 legislation does not regulate on resultant costs incurred due to a delay, it does not mean they are not liable or that you cannot claim back those costs via the civil procedures such as MCOL.

    I’m not 100% sure but you may also be able to claim costs etc via the ADR provider, something that may be worth looking into as it would be more appropriate for the sum involved.

    Good luck and please let us know how you get on.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • astar351
    • By astar351 13th Feb 19, 2:27 PM
    • 3 Posts
    • 0 Thanks
    astar351
    Hello Lisa,

    Sounds like a similar situation to ours minus the medical emergency. What would you say the best course if action is?

    Many thanks in advance.
    • symphony63
    • By symphony63 13th Feb 19, 3:16 PM
    • 93 Posts
    • 10 Thanks
    symphony63
    Always respond to the airline's defence at CEDR otherwise you will automatically loose.
    I have experience with 2 passengers on the same flight, one replied and won, the other one didn't and lost
    • Lalaxbx
    • By Lalaxbx 14th Feb 19, 4:51 PM
    • 6 Posts
    • 0 Thanks
    Lalaxbx
    I'm so grateful for your input guys, I've crafted the below response and just wondering if there is anything else I should have included?

    In response to EasyJet’s defence documents, my understanding of the EC261 legislation and the previous judgements issued by the European courts is that an accumulation of various knock on delays to other flights during the day does not give them a reason to refuse compensation for my delayed flight, I do not believe that Easyjet took all reasonable measures to mitigate the delay that was suffered.
    The aircraft started the day with a 29 minute delay, they have shown that bad weather (not extreme) was forecast in Amsterdam, this should have been taken into account and it should have been well within their operational capabilities to ensure that passengers were not disrupted greatly. By the third flight of that day there was over 2 hours delay, and this was exacerbated by a shortage of loading staff.
    Easyjet have stated that a change of aircraft would not have avoided the delay, I can’t believe that no other aircraft in their fleet was available especially when there were at least 4 sitting in Glasgow while passengers were made to wait over 4 hours to be taken to an airport that was essentially closed and left many (ourselves included) with no way to continue their onward journey.

    My deadline to respond is tomorrow but I'm not sure when tomorrow exactly so I'm hoping to file it tonight

    Thanks
    • JPears
    • By JPears 14th Feb 19, 5:05 PM
    • 4,503 Posts
    • 1,230 Thanks
    JPears
    I'm so grateful for your input guys, I've crafted the below response and just wondering if there is anything else I should have included?

    In response to EasyJet’s defence documents, my understanding of the EC261 legislation and the previous judgements issued by the European courts is that an accumulation of various knock on delays to other flights during the day does not constitute an Extraordinary circumstance. There is no justification for Easyjet to refuse compensation for my delayed flight, I do not believe that Easyjet took all reasonable measures to mitigate the delay that was suffered.
    The aircraft started the day with a 29 minute delay, they have shown that bad weather (not extreme) was forecast in Amsterdam, this should have been taken into account and it should have been well within their operational capabilities to ensure that passengers were not disrupted greatly. By the third flight of that day there was over 2 hours delay, and this was exacerbated by a shortage of loading staff.
    Easyjet have stated that a change of aircraft would not have avoided the delay, I can’t believe that no other aircraft in their fleet was available especially when there were at least 4 sitting in Glasgow while passengers were made to wait over 4 hours to be taken to an airport that was essentially closed and left many (ourselves included) with no way to continue their onward journey.

    My deadline to respond is tomorrow but I'm not sure when tomorrow exactly so I'm hoping to file it tonight

    Thanks
    Originally posted by Lalaxbx
    I have highlighted my suggestions in italics.
    You could also add something along the lines of:
    One of the EC's reasons for implementing EC261/2004 was to reduce delays, cancellations and denied boarding often caused by the practices of airlines in general.
    One factor the EC recognised is the short turnaround times between flights, using the same aircraft. This practice severely limits the ability of the airline to make up time from previous delays.
    Just my twopenneth worth.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Lalaxbx
    • By Lalaxbx 14th Feb 19, 11:13 PM
    • 6 Posts
    • 0 Thanks
    Lalaxbx
    I have highlighted my suggestions in italics.
    You could also add something along the lines of:
    One of the EC's reasons for implementing EC261/2004 was to reduce delays, cancellations...........
    Originally posted by JPears
    Took your advice and beefed this up a bit as shown below, don't think its especially eloquent but I hope it gets my point across.....

    One of the EC's reasons for implementation of EC261/2004 was to reduce delays, cancellations and denied boarding often caused by the practices of airlines in general. One of the main factors the EC recognized is the short turnaround times between flights, using the same aircraft. This practice severely limits the ability of the airline to make up time from previous delays and impacts negatively on the service that customers receive. This was shown when airport staff advised us that delays on this particular route/timeslot happen very frequently, this was further confirmed when I looked at historical flight data both before and after our date of travel. In light of this information and pattern of delays it is not unreasonable to expect Easyjet to anticipate problems on this route but rather than address the root operational cause Easyjet do not appear to have made any changes to their underperformance and continue to let passengers down. When the same situation occurs regularly it should not be classified as Extraordinary Circumstances as it becomes part of the carrier’s normal activities.
    • JPears
    • By JPears 15th Feb 19, 9:04 AM
    • 4,503 Posts
    • 1,230 Thanks
    JPears
    Perhaps provide evidence, if you have done the research, showing the repeated delay on your flight number?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Lalaxbx
    • By Lalaxbx 15th Feb 19, 9:18 AM
    • 6 Posts
    • 0 Thanks
    Lalaxbx
    That was sent along with the initial claim to CEDR so they already have it. Really can't see how they'll weasel out of paying the compensation.

    Next deadline on the case is appointment pending for 21st March so a few weeks before I'll know any more.
    Last edited by Lalaxbx; 15-02-2019 at 9:21 AM. Reason: added
    • Lucymac100
    • By Lucymac100 15th Feb 19, 10:52 PM
    • 3 Posts
    • 0 Thanks
    Lucymac100
    Can I claim compensation for easyJet 3.5 hr delay if caused by air traffic control?
    Hi

    I flew with easyJet today and flight was delayed by 3.5 hours.

    The reason given for the delay on their app was:

    ‘Your plane was delayed on an earlier flight it operated due to air traffic control restrictions en route because of congestion.’

    Can I claim for the delay or will not because they will say it wasn’t their fault?

    Many thanks

    Lucy
    • JPears
    • By JPears 16th Feb 19, 9:00 AM
    • 4,503 Posts
    • 1,230 Thanks
    JPears
    You can try a claim.
    How far you persue it depends on how much you trust the information given by easyJet and if you can find out whether or not ATC issues on a previous rotation actually occurred.
    For starters download Vauban's superb guide.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Lucymac100
    • By Lucymac100 16th Feb 19, 1:50 PM
    • 3 Posts
    • 0 Thanks
    Lucymac100
    Great I’ll download it thank you!
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