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    • lazzareo2009
    • By lazzareo2009 9th Sep 19, 9:14 AM
    • 10 Posts
    • 0 Thanks
    lazzareo2009
    Hi, just looking for some advice regards a claim we submitted to EasyJet.

    On Sunday 1st Sep 2019 we were due to fly back from Lanzarote to Manchester. Our flight was delayed by approximately 2.5 hours and then we had to sit on the run way for about 45 mins which resulted in a delay of over 3 hours.

    I submitted a claim but this was rejected as follows:

    Our assessment of your claim
    To further explain what happened on the day; air traffic control restrictions as a result of a partial air traffic control systems failure in France resulted in delays to flights as aircraft waited for air space ‘slots’ to operate, sometimes for several hours. The delays continued throughout the day which had a knock on effect to later flights. 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 available as the delay of your flight was as a direct result of air traffic control restrictions caused by a partial air traffic control systems failure in France.


    Do you think the above statement is legit and there is nothing else I can do or is there a way to challenge the decision or can I check somewhere what was the official reason for the delay?

    I am not sure if they are trying to fob me off or not and would welcome some advice.
    • Caz3121
    • By Caz3121 9th Sep 19, 9:40 AM
    • 12,387 Posts
    • 8,071 Thanks
    Caz3121
    Do you think the above statement is legit and there is nothing else I can do or is there a way to challenge the decision or can I check somewhere what was the official reason for the delay?
    Originally posted by lazzareo2009
    if you use the NWNF checkers it should give an indication on whether there is a valid claim
    for EasyJet flight was 1972 on the 1st, EUClaim 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."
    • Vivtalk
    • By Vivtalk 17th Sep 19, 11:30 AM
    • 8 Posts
    • 2 Thanks
    Vivtalk
    Flight Cancelled EJ won't cover cost of alternative flight???
    Hello, we were due to return from Mallorca to Bristol on Friday 13th (!!) - our flight was cancelled due to bad weather. (our flight was due to leave at 2pm but the airport had reopened its runways by 11am and it was blue sky. so not sure why we were cancelled rather than delayed)

    But Anyway.... We stood in a queue for 4 hours to see the customer service desk. When i reached the desk the earliest Easyjet flight they could get us back on was Tuesday 17th. Or Monday 16th (but into Gatwick) I found a different flight with TUI for the Saturday but returning into East Midlands instead. We needed to get back as my son had missed his Grammer Entrance exam as a result of the cancellation and needed to get back for him to book his resit. The customer service adviser told us it was fine to book with another airline and we could reclaim the cost of the flight in full through the expenses section of the easyjet site. I questioned her twice to be sure and she confirmed.

    I therefore paid almost £600 for new flights to EMA the following day. In the meantime, Easyjet put us up in a hotel for the night.

    Upon submitting my expenses claims, it seems that Easyjet are refusing to pay for our flight as it was not back to our FINAL destination (i.e Bristol). I am so angry because we could never afford to have spent this if we thought we wouldn't get it back!

    We had no other option. There were no other flights in to Bristol and Easyjet couldn't get us back for 4 days! Our options were Gatwick or East Midlands. So we went for East Midlands as its closer to our home.

    Where do i stand on this????
    • JPears
    • By JPears 17th Sep 19, 1:35 PM
    • 4,784 Posts
    • 1,298 Thanks
    JPears
    easyJet will jerk you around, unfortunately, in an pathetic effort to grind you down so you give up.
    1. The airline has a duty of care, including any costs, to get you to your original destination, via other airlines, modes of transport etc.
    They are responsible for the difference in new flights and your original flight costs AND any aditional expenses incurred in getting back to Bristol.
    This is a definite, very few, if any, exceptions.
    Ask for a deadlock leter and take your case to CEDR, who should find in your favour.
    If they don't you can go to small claims court. Or you can do this without going to CEDR.

    2. I suspect you are also due compensation.
    Was your cancelled aircraft already staioned in Mallorca, or flying in? If the latter, then your cancellation was probably not an EC = compensation due.
    If EJ offered flights 2/3/4 days later then that is an unreasonable delay to your journey. This is the second hurdle the airline must clear otherwise they have to pay compensation.
    Try submitting your details to Botts online checker or EUclaim. They can give an indication of compensation due or not.
    Again CEDR and/or small claims court.
    Last edited by JPears; 17-09-2019 at 2:01 PM.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • katie4
    • By katie4 23rd Sep 19, 10:36 AM
    • 316 Posts
    • 189 Thanks
    katie4
    successful claim made.
    flight was due Friday 20/09/19 23.45 notification few hours before saying it was delayed until around 4am at the airport then another notification recieved all it said was delayed overnight hung around to be told coach would arrive in an hour in take us to hote for the night, luckily we were staying with relatives so we didn't need this
    another notification then saying new flight 6pm the following day
    headed back to apartment and enjoyed another day by the pool with the kids submitted claim.
    recieved email this morning claim successful and payment made for £220.74 per passenger (family of 4 - 2 adults 2 children) so £882 back
    Very happy extra holiday day and we only paid £300 in total for the flights in the first place

    • faisal07
    • By faisal07 5th Oct 19, 8:05 PM
    • 4 Posts
    • 0 Thanks
    faisal07
    Just to let you know, Easyjet did finally settle today, and exactly the same a goodwill gesture. mine took a bit longer because the deadlock letter went amiss, and Easy jet waited to 1 day before the Adjudicators deadline
    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 &#128514

    Anyway, thanks for the advice on this site guys
    Originally posted by zonecrew
    • Missymoo2
    • By Missymoo2 8th Oct 19, 9:48 AM
    • 12 Posts
    • 2 Thanks
    Missymoo2
    Hi

    I wonder whether you could advise?
    We are currently sat in dubrovnik airport as we had a flight booked at 9.45pm (EZY1808) but it was eventually cancelled due to winds. We were transported to a hotel at 1.30am and have a new boarding pass for 1.15pm today (EZY9808).

    We have heard the incoming flight tried to land but aborted and flew to Split, hence our flight then being cancelled.

    We have ended up with a nearly 16 hour delay meaning both losing money from work and having to pay for a taxi at the other side as family were collecting us.

    I have put details into Bott and it said we should be eligible but I am sceptical if they just say it is weather related.

    I would be grateful for any advice received.

    Thanks
    • JPears
    • By JPears 8th Oct 19, 1:07 PM
    • 4,784 Posts
    • 1,298 Thanks
    JPears
    Weather conditions as an EC only usually apply to your actual flight, not any other.
    How bad are the winds?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Missymoo2
    • By Missymoo2 8th Oct 19, 6:01 PM
    • 12 Posts
    • 2 Thanks
    Missymoo2
    Sorry for the delay, only just got home.

    The weather was bad for a couple of hours, around 40mph winds possibly but the pilot told us on the way back that he tried to land 3 times in Dubrovnik and eventually gave up as he "lost control of the aircraft" and the way Dubrovnik is located the wind between the mountains made it dangerous which we totally understand.
    However we were in the airport for hours and when they eventually provided coaches it was totally calm weatherwise but because the aircraft was in split we could not get going and feel over 16 hours was a bad delay. To then fly at 1.50pm ( it was delayed from the original 1.15pm) a full day had gone and we both lost out workwise.

    The pilot also after giving the speech about the "exceptional cirumstances" which they mentioned over again and put on the tracker information, also kept saying how we was treated to the best hotels (it was a nice hotel to be fair) and free food and drink in the airport (4.50€ voucher) and complimentary food and drinks on the flight (pringles and a coffee as no fresh food was available due to exceptional circumstances)

    The steward then did the rounds telling everybody how in his 15 years in flying he had never experienced conditions like it. We did feel like it was all to stop any claims.

    Anyway back home safe to which I am grateful but it has totally knackered our week up workwise due to rescheduling everything , some poor guy missed his best friends funeral.

    So in short I know the weather was an issue but that was causing the issue with the incoming flight and I believe we should have been delayed and flown home not cancelled, given new flight numbers and a 16 hour black hole.

    Thank you for replying.
    • Sheepdemon
    • By Sheepdemon 9th Oct 19, 11:43 AM
    • 3 Posts
    • 0 Thanks
    Sheepdemon
    I had a delayed flight on 22 August (EXY422 Edi - Brs) that was delayed for over 4 hours due to a fault with the plane. My original claim was rejected though the guy on the phone said he 'couldn't see the reason why', but one of the questions he asked was whether I actually took the flight. I did not, though I didn't see this as a reason to not be eligible listed anywhere, the trip was a single day trip for work and by the time I'd have gotten my flight the meeting I was to attend would have been over. Am I still eligible for compensation in this case? I checked into my flight and I was at the airport, but the delay rendered the flight pointless.
    • JPears
    • By JPears 9th Oct 19, 12:09 PM
    • 4,784 Posts
    • 1,298 Thanks
    JPears
    hi sheepdemon. my interpretation of the regulation is that unless the flight was anticipated to be delayed for more than 5 hours, you are probably not due compensation as a no show for the flight.
    You should be due a refund though.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Ganga
    • By Ganga 9th Oct 19, 1:18 PM
    • 1,806 Posts
    • 1,035 Thanks
    Ganga
    Sorry for the delay, only just got home.

    The weather was bad for a couple of hours, around 40mph winds possibly but the pilot told us on the way back that he tried to land 3 times in Dubrovnik and eventually gave up as he "lost control of the aircraft" and the way Dubrovnik is located the wind between the mountains made it dangerous which we totally understand.
    However we were in the airport for hours and when they eventually provided coaches it was totally calm weatherwise but because the aircraft was in split we could not get going and feel over 16 hours was a bad delay. To then fly at 1.50pm ( it was delayed from the original 1.15pm) a full day had gone and we both lost out workwise.

    The pilot also after giving the speech about the "exceptional cirumstances" which they mentioned over again and put on the tracker information, also kept saying how we was treated to the best hotels (it was a nice hotel to be fair) and free food and drink in the airport (4.50€ voucher) and complimentary food and drinks on the flight (pringles and a coffee as no fresh food was available due to exceptional circumstances)

    The steward then did the rounds telling everybody how in his 15 years in flying he had never experienced conditions like it. We did feel like it was all to stop any claims.

    Anyway back home safe to which I am grateful but it has totally knackered our week up workwise due to rescheduling everything , some poor guy missed his best friends funeral.

    So in short I know the weather was an issue but that was causing the issue with the incoming flight and I believe we should have been delayed and flown home not cancelled, given new flight numbers and a 16 hour black hole.

    Thank you for replying.
    Originally posted by Missymoo2
    No offence but who goes away knowing that a delay would mean he missed his best friends funeral,cannot be that much of a " best friend "
    ITS NOT EASY TO GET EVERYTHING WRONG ,I HAVE TO WORK HARD TO DO IT!
    • Sheepdemon
    • By Sheepdemon 9th Oct 19, 1:25 PM
    • 3 Posts
    • 0 Thanks
    Sheepdemon
    hi sheepdemon. my interpretation of the regulation is that unless the flight was anticipated to be delayed for more than 5 hours, you are probably not due compensation as a no show for the flight.
    You should be due a refund though.
    Originally posted by JPears
    I was there though. I checked in, my boarding pass was scanned at the airport, its just that the flight was no longer required due to being massively delayed. Is there a specific part of the regulation that covers this?

    Edit : the regulation seems to state that a person is eligible 'if that person has arrived in time for check in as indicated on the ticket or communicated by the airline' - I can prove I did this. Does this not qualify me for compensation?
    Last edited by Sheepdemon; 09-10-2019 at 1:35 PM.
    • JPears
    • By JPears 9th Oct 19, 3:07 PM
    • 4,784 Posts
    • 1,298 Thanks
    JPears
    The crux is the flight was delayed, not cancelled.
    Originally, the regulation didn't cover compensation for delays. This was only confirmed/modified later in the Sturgeon case.
    So the regulation does not specify at what time/delay compensation becomes due after the scheduled arrival time.
    however I believe this may have been clarified at a later date, to 5 hours? Others may know better.
    Do you know how late your flight actually was in arriving?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Sheepdemon
    • By Sheepdemon 9th Oct 19, 3:55 PM
    • 3 Posts
    • 0 Thanks
    Sheepdemon
    Hi JPears, flight was due to arrive in Bristol at 09:55 according to the flight plan, checking FlightAware it actually landed at 14:02, so a delay of 4+ hours. Easyjet just state that as I didn't travel I'm not entitled to compensation, and as its less than 5 hours I'm not entitled to a refund.
    • Missymoo2
    • By Missymoo2 10th Oct 19, 6:57 AM
    • 12 Posts
    • 2 Thanks
    Missymoo2
    Is a claim more likely to succeed through bott&co rather than fighting it myself?

    Thank you
    • legal magpie
    • By legal magpie 10th Oct 19, 8:46 AM
    • 1,124 Posts
    • 474 Thanks
    legal magpie
    Is a claim more likely to succeed through bott&co rather than fighting it myself?

    Thank you
    Originally posted by Missymoo2
    This isn't really the right question. The Court or adjudicator will decide the case on the facts and the law. Bott and Co are experts in this field and if the case is won, you will have to pay them a slice of your damages on the basis that they do all the work and carry the risk. On the other hand, if they decide that you haven't got a case it is still open to you to pursue it on your own. Finally, if they take the case and lose, you pay them nothing.
    So the real question is whether you feel confident about pressing the case on your own given that EJ seem to have done all they could.
    If not, I would go with Botts because winning, say, two thirds is better than getting nothing. It's a bit like insurance. We all pay buildings insurance Year after year but how many of us have substantial claims?
    • Missymoo2
    • By Missymoo2 11th Oct 19, 8:44 AM
    • 12 Posts
    • 2 Thanks
    Missymoo2
    Many thanks so far with all your advice.

    I filled in the claim form on the website and its no surprise they have declined the claim, see reply below.

    EU261 Compensation Claim Assessment
    Claim received: 10-10-2019
    Flight Number: 1808
    Flight Date: 07-10-2019
    Scheduled Departure Airport: DBV
    Scheduled Arrival Airport: MAN
    Claim decision: Declined
    Decision summary: We're sorry that your flight to Manchester was delayed overnight. 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 delayed flight.

    Dear Xxxxx,
    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 overnight delay flight.


    Our assessment of your claim
    To further explain what happened on the day; crosswinds over Dubrovnik airport meant that the inbound aircraft was below legal limits to be able to land. As a result the aircraft had to divert to Split airport. As weather conditions were not forecast to improve for some time, we we're unable to operate the flight and had no option but to overnight delay your 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 overnight delay was a direct result of adverse weather conditions.


    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. A copy of the regulation can be found at http://eur-lex.europa.eu

    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 https://www.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 are unable to process claims submitted by email or over the phone.

    We hope this letter clearly explains why your flight was disrupted. Our assessment team have thoroughly investigated all the available information and this is the decision we have arrived at.

    Our Customer Services team will not be able to access any more information than we’ve provided here. Please read our “Who is entitled to compensation” section on the following link which will hopefully answer any further questions you may have.

    https://www.easyjet.com/en/help/boarding-and-flying/delays-and-cancellations

    Once again we are sorry for the disruption to your flight and hope to welcome you on board again soon.


    Kind regards,

    I have done a check on Bott and EUclaim and both have come back saying there may be a claim so is my next step to ask for a deadlock letter?

    Also when taking it to adjudication do I have to find information on whether other flights were landing and taking off to add to my case (I believe some did)
    I believe after the incoming flight failed to land and had to divert they could not provide the aircraft a couple of hours later when the wind had subsided ( it was really calm when we were boarding coaches) as the crew would have worked too many hours. It was confirmed on the flight home it was the same crew and pilot as the evening before.

    Many thanks once again.
    • JPears
    • By JPears 11th Oct 19, 9:47 AM
    • 4,784 Posts
    • 1,298 Thanks
    JPears
    I think your basic arguement is that the high winds did not affect your flight so no ec.
    However this is a grey area.
    If you go through CEDR I don't think you can be expected to provide evidence for other aircraft flying (which may have different flight specs/capabilities)
    I'd be tempted to go thru Botts and hopefuly get 2/3rds of something.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • legal magpie
    • By legal magpie 11th Oct 19, 11:05 AM
    • 1,124 Posts
    • 474 Thanks
    legal magpie
    I agree with J Pears.
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