Snowjoke easyjet

[NailPost]

easyjet cancelled a bunch of flights from Geneva yesterday leaving hundreds of people stranded overnight. They claimed the weather was at fault and to be fair the airport was closed for about an hour. But some flights were landing and taking off including at least one easyjet.

 

To be fair again the staff did wonders to rebook me onto a flight but they got me to Gatwick and I had to make my own way home from there. The train fare was nearly twice the airfare! I'm also out of pocket with regard to the hotel and no offer was made by way of meals or drinks.

 

Weather is out of an airline's control but if flights are arriving then it can't be that bad! Anyone else in the same boat (or plane) with regards to making a claim for costs and/or compensation from easyjet?

[buzby]

Wouldn't work. The fact SOME planes take off and land is no proof of being hard done to. My their very nature any disruption means knock0on effects that mean the aircraft are in the wrong places, and staff at the limits of their legal working hours - whether pilots or flight attendants.

 

The fact the weather remained the root cause, such action would be ill-advised.

[Hateseasyjet]

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Edited December 30, 2009 by Hateseasyjet

[buzby]

What you need to take into account (and it appears haven't) is that a disrupion in an earlier leg of the SAME aircraft can affect the chain of fliights. There isn;t a new plane for each scheduled flight, it has to come from somewhwere. So, if the flight was delayed for whatever reason invbounf from Barcelona, they can cancel due to exceptional circumstances for your flight to Dublin, even though you had no interest in Spain.

 

Just remember, if you raise an action, it costs YOU money, and if you lose, costs you even more. Firms are now asserting their rights to their capped costs in defending any action that is lost.

[Hateseasyjet]

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Edited December 30, 2009 by Hateseasyjet

[buzby]

Not really - the low cost carriers cannot have planes on 'hot standby' to take up the slack and send it to wherever they need the probem rectified. The national carriers most certainly do, which is reflected in their cost structure. Ryanair (for example) make the most efficient use of their fleet than any airline I know, bt they do NOT have idle planes. There are occasions where a plane is taken out of service for maintenance, and is or can be brought back a day or so early in order to take the strain, but how one airline works their contingency backup is for them, and if there is no backup available, they are not more culpable than an airline - like BA who may have a spare plane 50 miles away they can bring in to solve hte problem.

[Hateseasyjet]

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Edited December 30, 2009 by Hateseasyjet

[buzby]

Two reasons, mainly. (1) You will need to provide evidence of the airline's culpability in that their actions were somehow contrary to law and that they are liable for your journey disruption. (2) The law provides them with a rather impressive 'gotcha' that gives them an equivalent of a 'get of out jaul Free card' with great ease. Since you will never be made aware of real reasons, and you cannot force disclosure - they can stand reject your claims at court and provide an exception to the court that invalidates your claim.

 

What you do is PICK your battles, not just where you have been aggrieved or treated shabilliy, but where you have more than a fighting chance od winning. Because if you lose, you have to pay your costs in rasing your action AND their capped costs - so is not something to be undertaken lightly, because instead of being better off, you are left to pay out more money and get no satisfaction.

 

Since they don't have to prove anything to you - you will be blind as to the real reason behind the disruption, but if they can manipulate the data to show they cannot be held responsible, you've wasted time and effort.

 

If this is not an issue for you and you fancy a gamble, by all means give it your best shot, My concern is I dislike seeing people pick the wrong battles, and lose - DESPITE having a valid moral argument.

[Hateseasyjet]

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Edited December 30, 2009 by Hateseasyjet

[credit allergy]

how long is the weather allowed as an excuse/reason for planes etc to be in the wrong place. Although I understand the warnings about taking action are well meant, many stated cases have occured against conventional legal thinking. So in otherwords somebody might pursue a case and the court rules that weather reasons are not acceptable.

[buzby]

This 'law' needs to be quoted in FULL, not your simplistic interpretation of it. Also your knowledge of the Small Claims system is in error. The, loser of any court action - including Small Claims, can be maide to pay the costs of the winner. The difference, is that for SC, the winners costs are capped (usually £90-£100). If the winner chosses not to request these expenses, then the loser is indeed lucky.

 

I canassure you of the 5 relevant Small Claims actions I have been involved in since 2007, of the two I lost, bothwinners applied for costs, and the judge agreed to this in the fist case, but denied costs in the second, saying the defender had been unreasonable in their actions - and whilst statute law prevented my win, the judge refused to allow them costs. Of the remaining 3, I asked for costs in each case for my 'wins' and got £85,£90 & £100 respectively.

 

There is no 'protecton' for litigants, and it would be preverse if there was, as this would be charter to waste time and money for spurious claims.... pretty much what you are attempting to do.

[Hateseasyjet]

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Edited December 30, 2009 by Hateseasyjet

[FordAnglia]

The Art 5.3 Defence requires consideration of the law that applies as well as the precise facts that apply to a particular dispute.

 

These substantive law matters can and should be considered in detail. This doesnt mean that your case does not retain merit and is capable of prosecution. How you prosecute your claim is also relevant.

 

The costs consequences of litigation can/should also be considered as in any litigation. (You may even benefit from legal expenses insurance coverage to indemnify those costs).

 

A lot of "experienced" (especially the "amateur" variety) litigators are not necessarily good or expert litigators.

 

The costs implications of litigation does not alter the substantive merits of a claim in law.

 

One suggestion is not to rely too greatly upon the EU reference linked to-this isnt law.

 

There is a link here to a case from start to county court judgment involving a contested case involving the Art 5.3 defence involving "weather". Note especially that this judgment -quite unusually was reserved and delivered in written form. The judgment wasnt appealed.

 

Success: BA2036 30 Aug 08; Orlando/London Gatwick. Cancelled: Hurricane effect - Flight Mole Forum

[buzby]

Your understanding of this law is far from complete, I'd welcome a discussion on this once you have

 

And your is...?

 

I never pretended to be anything other than a user of the courts on a fairly regular basis to pursue judgements where I thought I would have at least a reasonable chance of success/ To date this stands at 85% for the cases I instigated, and 75% for those that were raised against me.

 

Do not be stupid enough to believe what one law says in isolation - many MANY thigs need to be taken into account and it is these that will decide the outcome of the case, not a pig-headed and glassy eyed reverence to something that appears to support your one-sided knowledge of the facts.

 

As I noted earlier - if you have the time and the money to expend on this as a purely speculative venture, good luck. You may win with a bit of luck. but I'm not foolish enough to believe you have a strong case. and this is what you need to make the difference of being a victim all over again.

[ferngo]

Hi everyone

 

I’ve been reading up on your EasyJet Snow joke story and agree with you.

I have a similar story to tell

My family and I were due to fly out from Gatwick Airport on Easyjet Flight EZY8719 on the 20th of December. We heard about some flights being cancelled on the news a couple of days before so we phoned Easyjet to find out if the flight was still scheduled for the day and they said yes.

We drove up all the way from Somerset to Gatwick about 3 hour journey by car, then left our car in the car park and made our way to the Airport and checked in our luggage. We then proceeded to the duty free to buy some last minute Christmas presents. We heard an announcement over the radio advising us that our flight had been delayed and that we should come and grab some refreshment vouchers.

When we tried to collect these we were told that the flights were cancelled and that we were to follow this person who would take us to collect our luggage . I could not believe what they were telling me, as I had been by the window before and taken pictures of the airport and planes landing and taking off , so why was our flight cancelled. They could not explain it to us, we were made to collect our bags and then given a paper to say we had to go online.

No help was given to us or anyone else, we were treated like a bunch of sheep and herded off the airport.

I tried explaining that I had to get on a later flight , that I was visiting a very sick relative, but this made no difference.

Needles to say that I was unable to get on any other flight, had no access to phone or any other facility and so we went back home.

This was a Family reunion, to be by my sisters bedside who is extremely hill with cancer and might not be around for next Christmas, and the fact that I had managed to get my company to give me time off at Christmas for this.

I have contacted the airline to get a refund and expenses occurred such as fuel and meals etc. Problem is I didn’t bother to get most of the receipts not expecting anything like this to happen, anyway EasyJet have still not bothered to reply to my claim. I am thinking of taking this matter to court, unless they pay up, and if my sister dies In the meantime I will definitely go ahead with it, for the mental anguish they have put me through. The strange thing is I was flying to a country that never snows, and the weather was perfect on the 20th of December. So were was the Airplane EasyJet,? your excuses suck, and you should teach your ground crew to be more efficient when dealing with people. I won’t be treated like a sheep nor will I be taken advantage of.

You should call yourselfs the EasyBuss that would be more appropriate !

I have been reading up on EC Rules and I can tell you EasyJet has broken many of them.One thing is for sure I will never ever fly this Airline again and I will be their worst embassador.