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    • jpsartre
    • By jpsartre 10th Jan 18, 1:31 PM
    • 3,271 Posts
    • 2,123 Thanks
    jpsartre
    The (reasonable) expenses you incurred for food and refreshments. Hopefully you saved receipts.
    • Tyzap
    • By Tyzap 10th Jan 18, 9:47 PM
    • 1,445 Posts
    • 657 Thanks
    Tyzap
    As there are many pending cases due to weather related delays, particularly 'knock on delays', which EJ claim are an 'extraordinary circumstance', I thought it may be helpful to highlight what Bott & Co solicitors say about it. Their website is a great source of information and well worth a read, so I'll put a link at the bottom.

    Flight Delay Compensation Flight Delay Compensation !!!8211; Frequently Asked Questions

    Our award winning flight delay compensation claims calculator run throughs hundreds of checks to see if a claim is valid. Feel free to use it, it!!!8217;ll give you an instant decision on if your flight is claimable.

    Is Bad Weather an Extraordinary Circumstance?

    Bad weather is not always an extraordinary circumstance, despite what an airline might tell you when you try to claim direct from them.

    In fact, the only time weather is an extraordinary circumstance is when:

    The flight in question is directly affected by !!!8216;freak!!!8217; or !!!8216;wholly exceptional weather!!!8217;
    Air Traffic Control decides to reduce flow rates due to bad weather. For example, if ATC decides only 20 planes an hour can land as opposed to the usual 45 planes an hour, that would be an extraordinary circumstance.
    Air Traffic Control decides to delay a flight, and this causes a knock-on effect to flights throughout the day.
    An airport is closed because of bad weather.
    The best advice we give to passengers is to put their details into our flight delay compensation calculator.

    We take weather readings at every airport everywhere in the world at least once an hour, which means we can give you an instant decision. We can check you flight information against our huge database of flight and weather information.

    https://www.bottonline.co.uk/flight-delay-compensation/frequently-asked-questions

    Hope it helps.
    Last edited by Tyzap; 10-01-2018 at 10:14 PM.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • Slinky
    • By Slinky 12th Jan 18, 8:11 AM
    • 5,241 Posts
    • 24,219 Thanks
    Slinky
    We were delayed on the 10th December Milan Malpensa to Luton flight when there was snow at Luton and the airport was shut for a while. The outgoing flight was late arriving, we got on the aircraft then the pilot came out and announced the 4.20am departure slot they'd just been given would take them over their hours so we had to get off the plane and spent the night in the airport as they couldn't find a replacement crew and it was too late to sort hotels etc. They cancelled and rescheduled the flight and we eventually got back about 12 hours late.

    Easyjet have just rejected the claim due to weather. Would a lack of replacement crew be a reason for compensation?
    Last edited by Slinky; 12-01-2018 at 8:15 AM.
    • JPears
    • By JPears 12th Jan 18, 10:27 AM
    • 3,777 Posts
    • 1,046 Thanks
    JPears
    Not really. EJ knew that the outgoing flight from Luton was delayed (how late was it ?) and that thwere might possibly be crew hour issue.
    However, you have given us scant information to go on.
    Can you give us all the timings, scheduled arrival of the flight from Luton, your flight number, actul arrival etc.
    Thanks
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Slinky
    • By Slinky 12th Jan 18, 1:02 PM
    • 5,241 Posts
    • 24,219 Thanks
    Slinky
    Not really. EJ knew that the outgoing flight from Luton was delayed (how late was it ?) and that thwere might possibly be crew hour issue.
    However, you have given us scant information to go on.
    Can you give us all the timings, scheduled arrival of the flight from Luton, your flight number, actul arrival etc.
    Thanks
    Originally posted by JPears
    Our flight was scheduled as EZY2286 to depart at 21.55 on 10th December. We finally got onto the aircraft at about 1.15am in the morning, only for the pilot to announce they'd been given a 4.20am departure slot which took them over their hours. Back into the airport, a lot of hanging around for about an hour whilst the ground crew consulted their computer and took some phone calls, all in Italian which we don't speak, and eventually at about 2.30am they told us we would not be departing until the morning. They told us we should be departing at 6.30am which given checkin was required 2 hours before, meant that going to a hotel wasn't an option for most of us. At some ungodly hour we queued up and were checked in again as flight EZY9286 scheduled to leave at 7.15am. Overnight there was snow and ice in Milan, the aircraft had to be deiced and we didn't take off until about 9.30am arriving back at about 11.30am.

    Sorry, can't find details of the delayed outgoing flight we flew back on but it originated in Luton where there was snow.
    • JPears
    • By JPears 12th Jan 18, 1:15 PM
    • 3,777 Posts
    • 1,046 Thanks
    JPears
    It would appear to be a series of unfortunate events, probably an EC as originally the weather, so maybe no claim possible.
    Try an online checking servie such as Botts online to see if you may have a valid claim?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Slinky
    • By Slinky 12th Jan 18, 1:23 PM
    • 5,241 Posts
    • 24,219 Thanks
    Slinky
    I put the details into Botts last night and they seem to think we have a claim. Just found the outgoing flight from Luton was 2285 scheduled to arrive at 21.25, landed at 00.31 so the outgoing flight was 3 hours 6 mins late.
    • JPears
    • By JPears 12th Jan 18, 1:46 PM
    • 3,777 Posts
    • 1,046 Thanks
    JPears
    The main causes of the delay appear to be weather and ATC so you might struggle with a claim.
    However if Botts think you have a claim it might be worth going with them even though it will cost you a considerable % of any payout.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • jpsartre
    • By jpsartre 12th Jan 18, 1:48 PM
    • 3,271 Posts
    • 2,123 Thanks
    jpsartre
    I put the details into Botts last night and they seem to think we have a claim.
    Originally posted by Slinky
    Unfortunately that doesn't mean much. I suspect Bott & Co will say there's a valid claim for any flight delayed 3+ hours unless someone has specifically claimed for it through them and they have determined otherwise.
    • Tyzap
    • By Tyzap 12th Jan 18, 3:08 PM
    • 1,445 Posts
    • 657 Thanks
    Tyzap
    Unfortunately that doesn't mean much. I suspect Bott & Co will say there's a valid claim for any flight delayed 3+ hours unless someone has specifically claimed for it through them and they have determined otherwise.
    Originally posted by jpsartre
    I can categorically inform you that your assumption is wrong.

    Their database is one of the most accurate and free tools available to LIP's, it has assisted many on these forums.

    Two of their solicitors have previously posted on this forum to clarify certain legal situations.

    You will also find that they offer LIP's other free tools on their website to help them self claim.

    There are not many free sources of information for claimants trying to DIY, so a little credit where it is due helps everyone.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • Slinky
    • By Slinky 12th Jan 18, 3:09 PM
    • 5,241 Posts
    • 24,219 Thanks
    Slinky
    I think we'll push it in their direction and hope for the best. 70+% of something is worth much more than 100% of nothing which is all we're being offered by EJ at the moment. OH lost a day's pay which is more than we'll get back if we get any compo.
    • jpsartre
    • By jpsartre 12th Jan 18, 3:47 PM
    • 3,271 Posts
    • 2,123 Thanks
    jpsartre
    Their database is one of the most accurate and free tools available to LIP's
    Originally posted by Tyzap
    Either that's incorrect or competing tools must be really bad. Some examples: I recently had two claims that they took on but later dropped because they determined that the delays were due to air traffic control restrictions yet both still show up as valid claims in their database if you search for the flights. This is after a month. Then there are flights that are cancelled because of bad weather and which almost certainly would not entitle to compensation. Again, these still show up as valid claims on the flight checker. Just check any of the flights cancelled from LHR on Dec 29 because of HAL ATC restrictions (due to high winds). They all come up as valid.

    There's nothing wrong with using the flight checker but being told a claim is valid doesn't mean very much at all. On the other hand, if a claim shows up as invalid it's probably a very good indication that it is.
    • Tyzap
    • By Tyzap 13th Jan 18, 10:02 AM
    • 1,445 Posts
    • 657 Thanks
    Tyzap
    I recently had two claims that they took on but later dropped
    Originally posted by jpsartre
    Have you phoned them to discus this and ask for an explanation?

    There may be a reason for it so it's always worth a phone call.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • jpsartre
    • By jpsartre 13th Jan 18, 1:10 PM
    • 3,271 Posts
    • 2,123 Thanks
    jpsartre
    The reason was in the email - the delays were due to ATC restrictions so taking legal action would be futile.
    • Spanfree
    • By Spanfree 18th Jan 18, 1:41 PM
    • 9 Posts
    • 2 Thanks
    Spanfree
    Is crew shortage extraordinary
    I have been trying to claim the fixed compensation for a 3.5 hour flight delay Madrid to LGW, mainly because of the appalling customer service on the day.

    The responses from EasyJet so far are

    From EasyJet customer service
    ‘Having reviewed the details of your flight EZY5482, I can confirm that the reason for the delay was crew shortage. This event would be classified as “extraordinary” under EC Regulation 261/2004. In this situation there is no compensation payable, as the circumstances which led to the flight delay were outside our control. We have provided a document on our website entitled ‘Notice of Rights’, which clarifies the policy surrounding EU Compensation.'

    From someone representing Carolyn MCCall
    'Your flight was delayed due to our crew running out of hours which meant a different crew had to be deployed to man your flight as it is against ATC regulation for Cabin Crew to operate over their allocated hours unless all crew members agree to this. As such because this occurence was an ATC restriction it is deemed as Extraordinary and compensation is not payable under EC261/2004.'


    My questions are

    Should crew shortages be classified as extraordinary circumstances?

    Is it worth me pursuing this claim?

    Thank for any advice
    • legal magpie
    • By legal magpie 18th Jan 18, 3:32 PM
    • 889 Posts
    • 392 Thanks
    legal magpie
    Crew shortages are not EC!!!8217;s. Neither is a crew going out of hours unless the cause is an EC. As you have been given conflicting statements I would pursue this. If you haven!!!8217;t already done so try putting the flight number and date into EU claim
    • RibZed
    • By RibZed 19th Jan 18, 3:12 PM
    • 20 Posts
    • 3 Thanks
    RibZed
    One week left for EJ to lodge a defence against my CEDR claim for significant underpayment of reasonable expenses incurred as part of an EC cancelled flight.

    I appreciate a lot of the claims on here relate to compensation but mine is purely expenses related and I will be happy to advise or support anyone else hitting brick walls with expense claims.

    Will provide a further update once the outcome is known!
    • Fed
    • By Fed 23rd Jan 18, 6:49 AM
    • 87 Posts
    • 41 Thanks
    Fed
    EDIT: Just checked EU claim and it suggests I can't claim anything so perhaps I should accept it
    Last edited by Fed; 24-01-2018 at 4:43 PM.
    • jpsartre
    • By jpsartre 23rd Jan 18, 9:47 AM
    • 3,271 Posts
    • 2,123 Thanks
    jpsartre
    Any idea how they came up with £109? Should I accept it or challenge them and see if I can get £222?
    Originally posted by Fed
    You're due nothing as you weren't delayed more than 3 hours. I have no idea why they would refund you anything but I'd quietly take the money they offered and not bring any more attention to it.
    • Fed
    • By Fed 23rd Jan 18, 10:14 AM
    • 87 Posts
    • 41 Thanks
    Fed
    You're due nothing as you weren't delayed more than 3 hours. I have no idea why they would refund you anything but I'd quietly take the money they offered and not bring any more attention to it.
    Originally posted by jpsartre
    Thanks, will do
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