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EasyJet delay, denied compensation - ** COMPENSATION AGREED **


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  • 3 months later...
Richard

 

You can now push ahead with your claim following the ECJ's ruling handed down this morning which upheld the previous Sturgeon judgment which gave passengers the right to compensation for flight delays of 3 hours or more.

 

Full judgment here: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62010CJ0581:EN:HTML

 

Let us know how you get on.

 

Don't know how I managed to miss this message at the time!

 

I have now sent my claim back to them so I will hope to get some satisfaction at long last!

 

Cheers all :)

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Hmmm - I'm still getting their scripted 'terms and conditions' response.

 

Can't be bothered to mess about with this so have bashed off this quick reply and if they don't stop the nonsense I suppose I'll have to go through with it.

 

Dear xxxx

 

Please do not make me go through your scripted response nonsense again as I have seen it all before (this is to save you the trouble of sending me the next one in the sequence, which will be some rubbish about ‘extraordinary circumstances’).

 

Your terms and conditions are irrelevant. The flight was delayed by more than three hours as stated in writing by EasyJet and I am entitled to statutory compensation under EC 261/2004. This was confirmed in the Sturgeon v Condor/Bock v Air France (2009) ruling, which was recently upheld by the ECJ inCO/6569/2010 (Tui Travel, BA, EasyJet & IATA v The CAA). I have spent many fruitless hours playing email tennis with EasyJet customer services and receiving nothing but excuses and misleading information about my rights. I have already sent a letter before action to your head office stating myintention to sue EasyJet if the compensation is not forthcoming and the only reason I have not done so is that such cases were stayed pending the outcome of the ECJ ruling. That ruling has been handed down. Read it at your leisure if you wish to check: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62010CJ0581:EN:HTML.Therefore please stop messing me about and confirm that my statutory compensation will be sent. If I do not receive such confirmation, I will be sending another LBA as a courtesy and then initiating legal proceedings with no further notice, where I will also claim additional costs.

 

I look forward to your positive response.

Edited by RT1970
typos introduced when pasting!
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Now this is interesting....

 

They have just written back to me to say they won't pay compensation because the flight was only delayed by 2 hours and 59 minutes. It's almost like they are playing games. I have earlier correspondence where they state clearly that the flight was delayed for more than 3 hours. But who times these things if it is close? Is there an official register held by an independent body?

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Now this is interesting....

 

They have just written back to me to say they won't pay compensation because the flight was only delayed by 2 hours and 59 minutes. It's almost like they are playing games. I have earlier correspondence where they state clearly that the flight was delayed for more than 3 hours. But who times these things if it is close? Is there an official register held by an independent body?

 

Maybe a FOI request to the civil aviation authority for the time the plane landed if you have the date and flight number?

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Great idea, thanks :)

I will see if I get a direct reply first, because with almost 3 years elapsed since my first communication with them I'm assuming my front-line contact person from today had not reviewed all the previous emails in detail and was therefore unaware that one of his colleagues had already admitted the flight was delayed for more than 3 hours. I say 'admitted' but the truth is they volunteered this information without me asking for it and then said they would not pay up because EC 261/2004 did not apply despite the length of the delay qualifying. Now the story is EC 261/2004 does apply but the flight was not delayed long enough. It's embarrassingly inept how they are handling it - like the flight just happened to be delayed by exactly one minute less than would make them liable... I bet they are discovering that a surprisingly large number of flights in these backlogged cases were delayed by slightly less time than they originally stated :roll: The blatant dishonesty and screw-you attitude is amazing to behold really. I will be sure to mention in my LBA how strange it is that they never once considered telling me the delay was too short in the 2 years previous to the ECJ ruling, even though this would have dismissed my claim legitimately, but can pull it miraculously out of a hat today!

 

 

ETA - actually, why wait - it's only an email after all and if I'm armed with the information from and independent source all the better....

Edited by RT1970
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The CAA were very quick on this and I spoke to someone this morning. Unfortunately their response was that they do not keep this sort of information. So this makes me wonder. Who does? What is stopping EJ and other airlines suddenly discovering that all their flights delayed for a bit longer than 3 hours were actually only delayed 2 hours 59 minutes? The guy suggested it would be up to EJ to keep these records. Which sounds like a recipe for abuse to me.... I am going to try contacting the airport to see if they hold records. And then if they don't I'm going to sue EJ anyway, simply because they deserve it!

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The CAA were very quick on this and I spoke to someone this morning. Unfortunately their response was that they do not keep this sort of information. So this makes me wonder. Who does? What is stopping EJ and other airlines suddenly discovering that all their flights delayed for a bit longer than 3 hours were actually only delayed 2 hours 59 minutes? The guy suggested it would be up to EJ to keep these records. Which sounds like a recipe for abuse to me.... I am going to try contacting the airport to see if they hold records. And then if they don't I'm going to sue EJ anyway, simply because they deserve it!

 

Put the flight details into www.flightstats.co.uk

 

You will need to register with the site (free) for acces to archive data such as you require.

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Put the flight details into http://www.flightstats.co.uk

 

You will need to register with the site (free) for acces to archive data such as you require.

 

"Our terms and conditions prohibit the use of FlightStats Services or the FlightStats Data for any passenger rights claims actions, for example actions pursuant to EU Regulation 261/2004."

 

Do I ignore this?

 

Cheers

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"Our terms and conditions prohibit the use of FlightStats Services or the FlightStats Data for any passenger rights claims actions, for example actions pursuant to EU Regulation 261/2004."

 

Do I ignore this?

 

Cheers

 

What does flightstats say about the flight timings?

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:!:

 

It says (U2) easyJet 1952; (GVA) Geneva, CH to (MAN) Manchester, EN, GB; Status: Landed - Delayed 180 minutes

 

That's.... close.

 

But from what I remember, EC 261/2004 is "three hours or more" not "more than three hours" so if this is true then the claim is still valid?

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My original email from EJ said:

I would like to inform you that your flight numberEZY 1952 from Geneva to Manchester on 27 May 2010 was delayed by 03 hours 3minutes, and you travelled on the delayed flight.

 

Yesterday's email said:

I would like to inform you that the flight wasdelayed by 2 hours and 59 minutes hence as per Regulation EC 261/2004 if theflight is delayed by 3 hours or more due to non-extraordinary circumstancesthen only we can process the compensation.

 

And flightstats says exactly 3 hours.

Whose data will they accept in court?

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Well, I've just received independent confirmation from Manchester Airport from a very helpful lady who went straight into the records and confirmed over the phone that the delay was exactly three hours. She is sending written confirmation, and as soon as I have that easyJet are toast.

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Well, I've just received independent confirmation from Manchester Airport from a very helpful lady who went straight into the records and confirmed over the phone that the delay was exactly three hours. She is sending written confirmation, and as soon as I have that easyJet are toast.

 

Well, they didn't send anything. I suppose I could send an official FOI request to the airport but I've looked around and seen evidence that they simply ignore these requests. Maybe I got lucky with my talkative friend from last night but the promised email has been blocked higher up.

 

This non-use clause from flightstats - how well enforced is it?

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  • 3 months later...

I was recently delayed for 12 hours 30 mins on a flight from Palma to Belfast. It was during the French air space strikes however the delay to my flight was not necessarily due to that. The incoming flight from Belfast was only delayed 1 hour and a were actually called for boarding but after a further wait we were advised the flight had been cancelled due to the crew being out of flying hours. After probing the staff on the easyJet desk we were told the flight had not been canceled but was now delay until 10am the following morning (flight was originally due to leave at 23.55) we weren't offered accommodation or only 3 vouchers for 4.50 euro. It was truely horrendous!I have written to easyjet but add yet have not had a reply. How long do they have to get bask to you? What are my chances of getting compensation? Thanks in advance :)

 

apologies for the grammar im using a phone

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I was recently delayed for 12 hours 30 mins on a flight from Palma to Belfast. It was during the French air space strikes however the delay to my flight was not necessarily due to that. The incoming flight from Belfast was only delayed 1 hour and a were actually called for boarding but after a further wait we were advised the flight had been cancelled due to the crew being out of flying hours. After probing the staff on the easyJet desk we were told the flight had not been canceled but was now delay until 10am the following morning (flight was originally due to leave at 23.55) we weren't offered accommodation or only 3 vouchers for 4.50 euro. It was truely horrendous!I have written to easyjet but add yet have not had a reply. How long do they have to get bask to you? What are my chances of getting compensation? Thanks in advance :)

 

apologies for the grammar im using a phone

 

Flight number and date would be useful before further relevant advice can be offered.

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Flight was supposed to depart at 23:55 on 12th june but finally departed at 12:30 on 13th june. flight number was EZY 6716 but was changed to EZY9716 the following morning.

 

I received this email from them today...

 

Dear Kelly,

 

I understand that the assistance provided at the airport was not as expected and made your journey uncomfortable. We try our best to arrange suitable alternatives for our passengers in cases of disruption. At times the situation may get out of control and the assistance may not be up to the expected standard. I truly apologise for the inconvenience that you faced. If a flights is overnight delayed we try arranging hotel accommodation for the passengers. In case a hotel service is not provided by us, passengers may arrange for hotel stay and can claim the amount later on providing the receipts.

 

We notify passengers about the flight delay/disruption in advance. However on occasions a flight delay /disruption may happen at last minute. I have checked the details and can confirm the flight EZY 6716 12 June 2013 was delayed due to French ATC strike. Situations such as these are considered ‘extraordinary circumstances’ under our Terms and Conditions, as well as under European Union laws, which means the action taken by Air Traffic Control was outside our reasonable control. For this reason we cannot consider your claim.

 

As you will remember from our Terms and Conditions, when your flight is delayed for more than one hour beyond its scheduled departure time, if you do not wish to travel on the delayed flight you can choose a free re-route on the next available easyJet flight or you can cancel your seat and receive a credit for future flights with us.

 

I have taken note of many instances in this case and have acknowledged your complaint. We work hard and ensure that such incidents are not repeated in future.

 

Yours Sincerely

 

 

I have replied and explained again that the delay was not due to the strike but due to the lack of a crew to fly the plane. as far as I am aware the strike ended at 6am on 13th june so if the case is that my flight was delayed due to the strike then surely it should have left at 6am and not 12:30??? thanks

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I have checked the flights on that flightstats site. the original flight 6716 just seems to have gone off the radar. says status was amended to 'unknown' and then nothing further, the second flight 9716 (the one we actually flew home on) doesn't seem to have existed at all!! strange!

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Flight was supposed to depart at 23:55 on 12th june but finally departed at 12:30 on 13th june. flight number was EZY 6716 but was changed to EZY9716 the following morning.

 

I received this email from them today...

 

Dear Kelly,

 

I understand that the assistance provided at the airport was not as expected and made your journey uncomfortable. We try our best to arrange suitable alternatives for our passengers in cases of disruption. At times the situation may get out of control and the assistance may not be up to the expected standard. I truly apologise for the inconvenience that you faced. If a flights is overnight delayed we try arranging hotel accommodation for the passengers. In case a hotel service is not provided by us, passengers may arrange for hotel stay and can claim the amount later on providing the receipts.

 

We notify passengers about the flight delay/disruption in advance. However on occasions a flight delay /disruption may happen at last minute. I have checked the details and can confirm the flight EZY 6716 12 June 2013 was delayed due to French ATC strike. Situations such as these are considered ‘extraordinary circumstances’ under our Terms and Conditions, as well as under European Union laws, which means the action taken by Air Traffic Control was outside our reasonable control. For this reason we cannot consider your claim.

 

As you will remember from our Terms and Conditions, when your flight is delayed for more than one hour beyond its scheduled departure time, if you do not wish to travel on the delayed flight you can choose a free re-route on the next available easyJet flight or you can cancel your seat and receive a credit for future flights with us.

 

I have taken note of many instances in this case and have acknowledged your complaint. We work hard and ensure that such incidents are not repeated in future.

 

Yours Sincerely

 

 

I have replied and explained again that the delay was not due to the strike but due to the lack of a crew to fly the plane. as far as I am aware the strike ended at 6am on 13th june so if the case is that my flight was delayed due to the strike then surely it should have left at 6am and not 12:30??? thanks

 

The inbound flight from BFS to PMI was delayed 67 mins and, whilst it is only supposition on my part, it is likely that the crew will have 'timed out' meaning that they wouldn't have sufficient flying hours left that day to complete your flight to BFS. The root cause of this was almost certainly due to the French ATC strike which placed severe flying restrictions across and over France that day. IMO you would face an uphill battle in any court hearing to convince a judge to award compensation as the airline seems to have a valid defence to any claim.

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The inbound flight from BFS to PMI was delayed 67 mins and, whilst it is only supposition on my part, it is likely that the crew will have 'timed out' meaning that they wouldn't have sufficient flying hours left that day to complete your flight to BFS. The root cause of this was almost certainly due to the French ATC strike which placed severe flying restrictions across and over France that day. IMO you would face an uphill battle in any court hearing to convince a judge to award compensation as the airline seems to have a valid defence to any claim.[/QUOT

 

Thanks for the advice. I have replied to them anyway. I understand that the incoming flight from belfast was delayed for 60 odd mins and it was due to the atc strike but sure ej knew the crew were gong to time out and therefore should have made preparations in advance for this?? I'll see what I get back, although I'm not hopeful. Thanks :)

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  • 1 month later...
I'll tell you what their reaction will be:

 

"You are not entitled to delay compensation as we have asked the European courts to clarify the law regarding this and we don't believe that flight delay compensation is payable anyway"

 

or words to that effect.

 

Only once the full judgement is published will you be able to realistically push on with your claim.

 

Could interest on these claims be accumulated due to the length of time that has passed?

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