Flight delay and cancellation compensation, Easyjet ONLY
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mattyprice4004 wrote: »Seems fair enough to me - time to sit and wait.
Providing the appeal is unsuccessful you'll be paid according to that email.
Surely though if it's current EU law then they should be paying out legitimate claims until the ruling gets overturned.
If it's law then they should abide by it until that law is overturned. Surely they can't legally do this??0 -
I will comment as I see it Chrisy...
Thank you for your email and firstly we are sorry that your flight was disrupted when travelling with us. In a recent ruling by the High Court of the United Kingdom it has been ruled that technical issues relating to the operation of the aircraft in most cases cannot be exempt from compensation.
True the Huzar -v- Jet2 appeal heard in the Courts of Justice.
Whilst we were not specifically involved in this case it is our understanding that the airline involved is now seeking a further appeal in this matter to the Supreme Court. On this basis we are awaiting the outcome of the Supreme Court before considering our position further in relation to this.
We are hiding behind the fact that Jet2 may be granted leave to appeal (again) to delay payment to you.
Because of this we have put your case with us on hold; your case reference is xxxxxxxx and can be quoted when corresponding with us.
We have decided not to pay you and there is little or nothing you can do about it. Furthermore even though we are delaying your payment (which in theory is due from the date of delay) we are not prepared to add any interest to the statutory amount.
Once the Supreme Court has ruled on this matter and we have determined that compensation is indeed payable we will contact you to arrange payment.
We may 'forget' and you could then possibly be time barred in which case we won't need to pay.
We recognise that there are several claims companies operating that may claim they will be able to obtain compensation on your behalf earlier, charging you up to 30% of the value of the compensation; this is not the case as we will also be defending / holding these types of actions pending the outcome of the Supreme Court.
Please do not go to a no win no fee firm as then we will get clobbered with their costs, court costs, interest plus we may face adverse publicity and for this reason we have been known to settle some claims early on.
We commit that once the legal process is complete, likely to be in mid to late 2015 and if compensation is owing we will pay this directly to you in full.
We have inside knowledge that the Appeal to the SC will proceed.
Whilst I appreciate that this is not the outcome you were hoping for we work really hard to keep our costs and ultimately your fares low.
Even though we know 261/2004 was established to help people like you it does not help us financially.
The potential increase in costs by paying compensation far in excess of the fare price places a huge financial burden on us as an airline and will ultimately lead higher fares for all which is not in the long-term consumer interest.
If everyone claimed (and the VAST majority do not it has been estimated the increased cost would be around 2.50€ per passenger. Ryanair already charge this and make a large profit on the shortfall in claims. The long-term consumer interest is for schedule flights that run to a schedule.
It is for this reason that we are awaiting the outcome of the legal process before proceeding.
We are going to delay you ..... again!0 -
I will comment as I see it Chrisy...
Thank you for your email and firstly we are sorry that your flight was disrupted when travelling with us. In a recent ruling by the High Court of the United Kingdom it has been ruled that technical issues relating to the operation of the aircraft in most cases cannot be exempt from compensation.
True the Huzar -v- Jet2 appeal heard in the Courts of Justice.
Whilst we were not specifically involved in this case it is our understanding that the airline involved is now seeking a further appeal in this matter to the Supreme Court. On this basis we are awaiting the outcome of the Supreme Court before considering our position further in relation to this.
We are hiding behind the fact that Jet2 may be granted leave to appeal (again) to delay payment to you.
Because of this we have put your case with us on hold; your case reference is xxxxxxxx and can be quoted when corresponding with us.
We have decided not to pay you and there is little or nothing you can do about it. Furthermore even though we are delaying your payment (which in theory is due from the date of delay) we are not prepared to add any interest to the statutory amount.
Once the Supreme Court has ruled on this matter and we have determined that compensation is indeed payable we will contact you to arrange payment.
We may 'forget' and you could then possibly be time barred in which case we won't need to pay.
We recognise that there are several claims companies operating that may claim they will be able to obtain compensation on your behalf earlier, charging you up to 30% of the value of the compensation; this is not the case as we will also be defending / holding these types of actions pending the outcome of the Supreme Court.
Please do not go to a no win no fee firm as then we will get clobbered with their costs, court costs, interest plus we may face adverse publicity and for this reason we have been known to settle some claims early on.
We commit that once the legal process is complete, likely to be in mid to late 2015 and if compensation is owing we will pay this directly to you in full.
We have inside knowledge that the Appeal to the SC will proceed.
Whilst I appreciate that this is not the outcome you were hoping for we work really hard to keep our costs and ultimately your fares low.
Even though we know 261/2004 was established to help people like you it does not help us financially.
The potential increase in costs by paying compensation far in excess of the fare price places a huge financial burden on us as an airline and will ultimately lead higher fares for all which is not in the long-term consumer interest.
If everyone claimed (and the VAST majority do not it has been estimated the increased cost would be around 2.50€ per passenger. Ryanair already charge this and make a large profit on the shortfall in claims. The long-term consumer interest is for schedule flights that run to a schedule.
It is for this reason that we are awaiting the outcome of the legal process before proceeding.
We are going to delay you ..... again!
Lol..maybe I should put your comments in the letter😊
What do u mean by time barred?0 -
Surely though if it's current EU law then they should be paying out legitimate claims until the ruling gets overturned.
If it's law then they should abide by it until that law is overturned. Surely they can't legally do this??
It's not a EU law yet. It was just a court ruling which could set a precedence. Until they appealed the heck out of it it's not EU law yet.0 -
What do u mean by time barred?
You have 6 years from the date of delay (5 years in Scotland) to instigate a court claim. Guy on another thread (Thomas Cook I believe) played letter ping pong for ages then finally received a letter from airline confirming he was being eligible and would be paid ... ages went by so he reminded them their promise to pay out .... too late they said as over 6 years!0 -
Hi,
I've read the main page but still not entirely sure if I am due compensation or not? My flight from Malaga to Southend was delayed for 6 hours back in June this year due to French Air Traffic controllers strike. Easyjet handed out leaflets at the airport which said we could claim. I contacted Easyjet but have received a reply saying that this was out of their hands as a strike and was extraordinary circumstances. I was going to do as advised elsewhere and take it further with CAA but am I wasting my time?
Thanks0 -
same response as you were given yesterday...if the delay was due to French Air Traffic strike, this is not within Easyjets control so no compensation due.
CAA would not help anyway as the flight was departing from Spain so you would need to contact the Spanish NEB who will say the same0 -
My sister was on an EasyJet flight from UK to Cyprus in 2012 which developed engine failure and had to undertake an emergency landing with only one engine in Brussels. As this was not their destination they were escorted into the terminal where they remained for a number of hours awaiting a replacement plane (they couldn't leave departures).
The replacement plane arrived, but was found to have a technical malfunction so they were not permitted to board but had to wait for a third plane. My sister, being a holiday rep in Cyprus, did her best to alleviate the worried passengers' nerves, and using her personal mobile phone to EasyJet keeping passengers informed.
After a number of hours (I'd need to speak with her as to exactly how many) a third plane arrived and took them onwards to Cyprus.
When trying to claim compensation she was advised that as it was a technical issue with the plane Easyjet weren't at fault, and they wouldn't compensate.
This sounds absolutely ridiculous to me, if they're not a fault here from a passengers' point of view, who is????
We feel that they would have had a must harder job on their hands with the passengers without her help, and are just taking the p***. Where do we go from here?0 -
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Surely though if it's current EU law then they should be paying out legitimate claims until the ruling gets overturned.
If it's law then they should abide by it until that law is overturned. Surely they can't legally do this??
Seems EJ has a new copy paste reply for all delay compensation claims caused by technical fault, I got recently literally the same email !!! What makes me especially worried is the sentence “Once the Supreme Court has ruled on this matter AND THEY (EJ) have determined that compensation is indeed payable they will pay” what suggests they are just planning to refuse my claim with some stupid excuse whatever SC decides and I will just waste 1 year waiting. Anyone please advise - is there really nothing we could do except wait?:mad:0
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