Flight delay and cancellation compensation, Easyjet ONLY
Comments
-
I wonder if anyone can advise me, please? I was due to fly home from Barcelona on the 21.35 flight with Easyjet 26/09/17 but needed to get home earlier. The evening before (around 7.00 p.m.) i changed my flight to the 11.00 a.m. morning flight (same day) and paid an additional £120 for the flight change. At 5.00 a.m. on the day I was due to fly, I received a message that my flight was cancelled.
Fog in Liverpool on the evening of the 25th September had meant that some flights were diverted and the next morning flights/ crew were "in the wrong place" so the morning flight from Barcelona was cancelled. They have now informed me that they will NOT pay compensation because the delay was caused by weather conditions.
I believe that the weather conditions would have been KNOWN when I paid £120 to change my flight. Can anyone advise me whether I have any redress for either the refund of the extra payment or compensation, please?:rotfl: Older and growing0 -
Hi MJay,
Please copy and paste your post onto the Easyjet thread found here...
http://forums.moneysavingexpert.com/showthread.php?t=4384709
Many thanks.Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.0 -
Hi all,
Looking for some help forming the arguments for a small claims court case I've initiated against easyJet following an overnight delay to our flight in July.
I've followed Vauban's excellent guide to date and just received their defence response which is claiming extraordinary circumstances as the cause of the delay, so I'd just like some advice on the best counter-arguments to use. The facts are:
(1) Our flight (EZY3104) was scheduled to leave Nice to go to Stansted at 19:35 on 30th July.
(2) It was delayed overnight until 08:19 the next day. According to easyJet the cause was due to the captain on the inbound flight (STN-NCE) going over their hours due to an air traffic control restriction impacting the preceding flight to that one (BIO-STN) by 1 hour.
(3) In easyJet's words 'with no replacement Captain immediately available, rather than cancelling the inbound flight and the claimant's flight, easyJet overnight delayed both flights to operate the following day once the crew had been adequately rested'.
(4) They also claim that all other crew were fully utilised that day due to 'other disruptions within the network caused by several aerodrome capacity restrictions' (largely adverse weather in the UK)
(5) Recital 15 of the EU regulation is also quoted arguing that 'extraordinary circumstances should be deemed to exist where the impact of an air traffic management decision in relation to a particular aircraft on a particular day gives rise to a long delay, an overnight delay, or the cancellation of one of more flights by that aircraft.
Looking at Vauban's guide it suggests the Wallentin and Finnair cases are probably best to use for knock-on impacts but is there anything else that's worth quoting?
To me, an initial delay of 1 hour on a previous flight should not be enough to push crew over hours (especially given the return flight is over an hour in length!) and doesn't demonstrate they took reasonable steps / had sufficient capacity. I'm sure there were also other easyJet flights that went out that night from Nice to London that they made no attempt to move people onto- is there any way that I can check that?
Thanks in advance0 -
Hi gmcr81,
The following two extracts are from the following EC document...
http://eur-lex.europa.eu/legal-content/EN/TXT/?toc=OJ%3AC%3A2016%3A214%3ATOC&uri=uriserv%3AOJ.C_.2016.214.01.0005.01.ENG
This document attempts to expand upon the EC261/2004 flight delay regulations and has some useful sections that you could use.
e. Reasonable measures an air carrier can be expected to take in extraordinary circumstances.
Whenever extraordinary circumstances arise an air carrier must, in order to be released from the obligation to pay compensation, show that it could not avoid them even if it had taken all reasonable measures to this effect.
Furthermore, the Court52 has found that under Article 5(3) of the Regulation, an air carrier can be required to organise its resources in good time so that it is possible to operate a programmed flight once the extraordinary circumstances have ceased, that is to say, during a certain period following the scheduled departure time. In particular, the air carrier should provide for a certain reserve time to allow it, if possible, to operate the flight in its entirety once the extraordinary circumstances have come to an end. Such reserve time is assessed on a case-by-case basis. However, Article 5(3) cannot be interpreted as requiring, as a ‘reasonable measure’, provision to be made, generally and without distinction, for a minimum reserve time applicable in the same way to all air carriers in all situations when extraordinary circumstances arise. In this regard available resources will generally be higher at the home base compared to outbound destinations thereby giving more possibilities to limit the impact of extraordinary circumstances. The assessment of the air carrier’s ability to operate the programmed flight in its entirety in the new conditions resulting from the occurrence of those circumstances must be carried out in such a way as to ensure that the length of the required reserve time does not result in the air carrier being led to make intolerable sacrifices in the light of the capacities of its undertaking at the relevant time.
Also the following instructs that, in circumstances such as yours, the regulations "must be interpreted strictly". It is important to highlight this to a judge imo. It may just give you the edge.
A given extraordinary circumstance can produce more than one cancellation or delay at final destination, such as in the case of an Air Traffic Management decision as referred to in Recital 15 of the Regulation.
As derogation from the normal rule, i.e.: the payment of compensation, which reflects the objective of consumer protection, it must be interpreted strictly46. Therefore all the extraordinary circumstances which surround an event such as those listed in Recital 14 are not necessarily grounds for an exemption from the obligation to pay compensation, but require a case-by-case assessment47.
Remember that you can request information that you require from EJ who are obliged to supply it as part of the court protocols.
Good luck.Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.0 -
I wonder if anyone can advise me, please? I was due to fly home from Barcelona on the 21.35 flight with Easyjet 26/09/17 but needed to get home earlier. The evening before (around 7.00 p.m.) i changed my flight to the 11.00 a.m. morning flight (same day) and paid an additional £120 for the flight change. At 5.00 a.m. on the day I was due to fly, I received a message that my flight was cancelled.
Fog in Liverpool on the evening of the 25th September had meant that some flights were diverted and the next morning flights/ crew were "in the wrong place" so the morning flight from Barcelona was cancelled. They have now informed me that they will NOT pay compensation because the delay was caused by weather conditions.
I believe that the weather conditions would have been KNOWN when I paid £120 to change my flight. Can anyone advise me whether I have any redress for either the refund of the extra payment or compensation, please?
Hi MJay,
You may struggle with this, a good starting point would be to put you flight details into a couple of online flight calculators, such as Botts to see if they think it is a valid claim.
You could possibly argue that you were affected by a 'knock on' delay and that your flight was not directly affected by the fog. See my post above this one and then Google and download 'Vaubans guide' for lots of info.
Good luck.Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.0 -
They are misleading you on recital 15. Yes the ATC did lead PARTIALLY to the long delay BUT only because of their own rostering problems, which created a much longer overnight delay.Hi all,
Looking for some help forming the arguments for a small claims court case I've initiated against easyJet following an overnight delay to our flight in July.
due to 'other disruptions within the network caused by several aerodrome capacity restrictions' (largely adverse weather in the UK)
(5) Recital 15 of the EU regulation is also quoted arguing that 'extraordinary circumstances should be deemed to exist where the impact of an air traffic management decision in relation to a particular aircraft on a particular day gives rise to a long delay, an overnight delay, or the cancellation of one of more flights by that aircraft.
Looking at Vauban's guide it suggests the Wallentin and Finnair cases are probably best to use for knock-on impacts but is there anything else that's worth quoting?
To me, an initial delay of 1 hour on a previous flight should not be enough to push crew over hours (especially given the return flight is over an hour in length!) and doesn't demonstrate they took reasonable steps / had sufficient capacity. I'm sure there were also other easyJet flights that went out that night from Nice to London that they made no attempt to move people onto- is there any way that I can check that?
Thanks in advanceIf you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0 -
Hi all.
Would someone be able to give us some advice as soon as possible?
Our flight out of Lisbon to Gatwick was cancelled last night due to the French strike action. The airport was in chaos because 2 other flights had also been cancelled so there was very little advice to be had with no reps on the ground, the cancellation app was no help and we were on hold for half an hour on the phone with no success.
We were abruptly told by airport staff that there were no hotels available from easyJet and we should book our own hotel and easyJet will reimburse us. The first flight home via the app is on Saturday, with nothing else available from any other airline under £400pp so we have gone for the Saturday flight but will be missing 4 days of work and hospital appointments and also have nowhere to stay now until Saturday.
Does anyone know if easyJet will (or are entitled to) reimburse for the further 3 days including food and travel to and from the airport?
One of us also has travel insurance but we're unsure if this would be covered. We have called both the insurer and easyJet but both have been no help as they don't have the correct staff on hand to answer our questions.
Thank you so much in advance.0 -
Hi all.
Would someone be able to give us some advice as soon as possible?
Our flight out of Lisbon to Gatwick was cancelled last night due to the French strike action. The airport was in chaos because 2 other flights had also been cancelled so there was very little advice to be had with no reps on the ground, the cancellation app was no help and we were on hold for half an hour on the phone with no success.
We were abruptly told by airport staff that there were no hotels available from easyJet and we should book our own hotel and easyJet will reimburse us. The first flight home via the app is on Saturday, with nothing else available from any other airline under £400pp so we have gone for the Saturday flight but will be missing 4 days of work and hospital appointments and also have nowhere to stay now until Saturday.
Does anyone know if easyJet will (or are entitled to) reimburse for the further 3 days including food and travel to and from the airport?
One of us also has travel insurance but we're unsure if this would be covered. We have called both the insurer and easyJet but both have been no help as they don't have the correct staff on hand to answer our questions.
Thank you so much in advance.
Hi mattio,
If you opt to wait for their re arranged flight you remain in their care.
You are due a duty of care from EJ. That includes transport costs to and from a hotel, cost of hotel, food and drinks (but none alcoholic only). You cannot claim incidental cost, such as loss of earnings, via flight delay regulation EC261/2004 but you may be able to via other means. Don't forget to ask for and keep all your receipt.
Google and download 'Vaubans guide' for much additional info.
I guess you may as week sit back and enjoy (if possible) your enforced holiday.
Good luck.Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.0 -
Our flight from Amsterdam to Manchester was delayed by 4 hours yesterday because the plane we were to travel in was still in Spain, having been delayed due to the French air traffic control strikes. The strikes did not affect Amsterdam airport, other than any flights travelling over French space, which of course our flight did not. Our flight was delayed by the fact they were supplying a plane from Spain - had they used one from the UK, Germany etc, they could have circumvented any issues.
Can Easyjet use the 'industrial action' excuse not to pay compensation ? The industrial action affected another flight, not ours, our delay was a consequence of this, and the fact EJ didn't plan around this in supplying planes.
Fingers crossed !0 -
TuesdayGirl wrote: »Our flight from Amsterdam to Manchester was delayed by 4 hours yesterday because the plane we were to travel in was still in Spain, having been delayed due to the French air traffic control strikes. The strikes did not affect Amsterdam airport, other than any flights travelling over French space, which of course our flight did not. Our flight was delayed by the fact they were supplying a plane from Spain - had they used one from the UK, Germany etc, they could have circumvented any issues.
Can Easyjet use the 'industrial action' excuse not to pay compensation ? The industrial action affected another flight, not ours, our delay was a consequence of this, and the fact EJ didn't plan around this in supplying planes.
Fingers crossed !
They will no doubt argue this, but I doubt the excuse would hold up in court. If easyJet have an ADR scheme - such as CEDR - I'd go with that if you are rebuffed.0
Categories
- All Categories
- 343.2K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.3K Work, Benefits & Business
- 608K Mortgages, Homes & Bills
- 173K Life & Family
- 247.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards