Easyjet and the volcano issue

[bucksgirl]

Wondering if anyone has any thoughts on loss of earnings.

 

Easyjet have refunded my accom and sustinence costs but have refused to cover loss of earnings despite my employer having written to them advising I had to take 5 days unpaid leave.

 

Has anyone else had a similar experience? Would be interested to know how you got on.

 

To be fair to Easyjet the refunds they agreed were issued within 3 days of my claim! Very pleasantly surprised

[Cityboy62]

Wondering if anyone has any thoughts on loss of earnings.

 

Easyjet have refunded my accom and sustinence costs but have refused to cover loss of earnings despite my employer having written to them advising I had to take 5 days unpaid leave.

 

Has anyone else had a similar experience? Would be interested to know how you got on.

 

To be fair to Easyjet the refunds they agreed were issued within 3 days of my claim! Very pleasantly surprised

 

Your unpaid leave is classified under consequential losses so Easyjet has no liability for this under any circumstances, in the same way that any accommodation you booked/paid for but were unable to use is also a consequential loss.

[perplexity]

I found this:

 

http://www.eesc.europa.eu/resources/docs/suivi_avis_1t_05_en-2.pdf

 

Apparently,

 

Community legislation on liability (transposition of the "Montreal convention") covers the question of consequential damage in case of delays in aviation.

 

However, it is not so easy to discover the term "consequential damage", as a part of the Community legislation.

 

Did I miss something?

 

[Cityboy62]

I found this:

 

http://www.eesc.europa.eu/resources/docs/suivi_avis_1t_05_en-2.pdf

 

Apparently,

 

 

 

However, it is not so easy to discover the term "consequential damage", as a part of the Community legislation.

 

Did I miss something?

 

 

In answer to your question, yes you certainly did!

 

The 2 documents to which you have randomly provided links have absolutely nothing to do with the OPs question......

 

The first is a document recording opinions of the EESC on a wide variety of unrelated subjects, none of which have any legal substance with respect to the question asked.

 

The second is legislation concerning liability in air accidents!!

 

It might help you if you read what you are linking to before linking to it...

 

If you have something relevant to say or comment on with respect to the OP's question, then please share it with us, otherwise the sensible option is to remain silent!

[bucksgirl]

Your unpaid leave is classified under consequential losses so Easyjet has no liability for this under any circumstances, in the same way that any accommodation you booked/paid for but were unable to use is also a consequential loss.

 

Thanks. That's useful to know. I shall draw a line under that episode.

[perplexity]

The second is legislation concerning liability in air accidents!!

 

It might help you if you read what you are linking to before linking to it...

 

I did.

 

Regulation (EC) No 889/2002 specifically covers damage occasioned by delay, e.g. recital (12).

 

(12) Uniform liability limits for loss of, damage to, or destruction of, baggage and for damage occasioned by delay, which apply to all travel on Community carriers, will ensure simple and clear rules for both passengers and airlines and enable passengers to recognise when additional insurance is necessary.

Hence this from 10. ... ANNEX:

 

Passenger delays

In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4150 SDRs (approximate amount in local currency).

It might help to provide a link or other reference to whatever would validate the notion that the airline has no liability for consequential damage.

 

Whrere is the simple and clear rule to that effect?

 

[Cityboy62]

Quote: "Passenger delays

In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures".

 

We are talking about delays caused by the volcanic ash here. No airline could have taken reasonable measures to prevent delays..........

[perplexity]

We are talking about delays caused by the volcanic ash here. No airline could have taken reasonable measures to prevent delays..........

 

The previous version was this

 

Your unpaid leave is classified under consequential losses so Easyjet has no liability for this under any circumstances, in the same way that any accommodation you booked/paid for but were unable to use is also a consequential loss.

 

No liability under any circumstance for consequential loss?

 

True or false?