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Easyjet 5270, 8 May 2012 (14 hours delay): Claim for compensation

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Dear forum members,


I registered recently to this forum, I was browsing it for a totally different reason but I read an issue that someone has had with the Monarch airline http://www.consumeractiongroup.co.uk/forum/showthread.php?404211-Monarch-flight-delay-claim-are-they-stalling-(1-Viewing)-nbsp, in that thread I mentioned the issue I have had with Easyjet.


As promised, I am putting here the details of the issue and the output. I am putting all the data together so it can help other people to deal with a similar claim better than me (even if we managed to get the compensation). And because it could in fact allow passengers from the same flight request a compensation, I have included the flight details.


Case summary:


On 8th May 2012, our flight 5270 from Venice, Italy to London, UK operated by EasyJet (duration 2 hours) was delayed of 14 hours.

On that day, EasyJet was operating 2 flights from/to the same cities, 12:00 and 21:40.

The aircraft used for the first flight suffered some technical issue which delayed the first flight.

They chose to use our aircraft for the first flight (this was explained by the airport staff) and ... they let us down (flight cancelled at 00:40).

We got a replacement flight for the following day (which was delayed of 1h30) but at the end we reached UK after a 3 hours night and 14 hours late.


Case details:


Attached Link is a copy of the letter I sent to the Telegraph, called "The Easyjet experience".



I. Complaints to the airline:


I wrote to the EasyJet customer service 4 times. I requested a 500 EUR compensation (250 EUR per passenger), as per European regulation only.

They denied that they had to pay any compensation, and included responses which directly deny the regulation's content.


My own response was that the law is clear, that they were disgusting, that a low cost company is low cost because they give you a 1 cm space for your legs and not because the law doesn’t apply to them, and therefore I seeked legal action.



II. Complaint sent to UK Consummer centre, UK Civil Aviation, Italian Aviation and Italian National enforcement body:


Dear Sir or Madam,


We are seeking your help as a result of a dispute with the Easyjet airline.

We are contacting you directly as advised by the UK European Consumer Centre today. We had also used the information explained on your website to complain to the company’s customer service.


On 8th May 2012, our flight for 2 people from Venice to London, operated by Easyjet, was cancelled and our arrival to destination delayed of 14 hours. Not only it impacted our professional activities, but the behaviour of the company was incredibly awful.

Full flight details are: number 5270, Venice Marco Polo to London Gatwick, departure 8th May 2012 at 21:40. Airline booking reference: xxx.


We recorded a complaint directly to the company’s customer service on 15th May, describing the facts as they are. I have attached all correspondence with the company (you will find the first complaint in complaint.pdf), but as a summary the facts are as follows:


- The flight suffered a overall delay of 14 hours;

- The company used our flight’s aircraft for another flight - this was confirmed by the airport staff onsite;

- The flight was cancelled almost 3 hours after the flight time;

- The company moved the flight to the following day at 10:05;

- The company didn’t provide any subsistence to passengers at the airport, including elderly or children;

- The company wasn’t able to provide accommodation for the passengers until 3.45 AM (this is the time of our arrival to the hotel), and the passengers had to manage themselves their transfer to the hotel, outside of the airport;

- The flight re-scheduled for 10:05 the next day took off at 11:45.

As per European law, the company is supposed to at least pay us a compensation of 250 EUR per passenger (so, 500 EUR in our case). Indeed:

- The flight was operated under EU regulations,

- The flight was cancelled (please also see flightstats.co.uk),

- The arrival delay was (far!) more than 3 hours,

- The problem occurred because our aircraft was used for another flight, as confirmed by the airport staff itself, and therefore the delay is totally the airline’s fault. No exceptional circumstances applied to our flight, since no weather condition, no industrial action, no safety issue or air traffic justified that the company used our plane for another of their flight.

However since then, the employee from the company’s customer service has constantly refused to recognize the facts. And the only response we have had is that there seems to be a lack of training of the company’s staff, and that "the company may consider issuing a refund for the meal/refreshment upon receiving the receipts as a gesture of goodwill.".


Is your organization able to help us ?


Kind regards,



All these official bodies confirmed that we were entitled to a compensation as per the European regulation. However, after 7 months we had not received any output.

The UK Civil Aviation chased the Italian bodies a number of times. It seems that my complaint was not processed at all, as they re-accepted the complaint and issued another confirmation.

A few weeks ago however, I received from the Italian enforcement body a dubious copy of letter explaining that they had been in touch with the airline, and based on the airline’s data, our complaint was not successful. I honestly doubt that such exchange with the airline has ever happened.



III. Advice requested to Mrs Charlton from The Telegraph.



See copy of letter above



Mrs Charlton advised to simply sue Easyjet in the court, based on the airline’s notoriety.



IV. Court claim presented from a specialised lawyers group.


We submitted the case details to these specialised solicitors, including all flight details, airline's responses and exchanges with CAA. They validated the claim.


They tried to get in touch with Easyjet but no response was received.

Therefore the lawyer moved to the next step.


Easyjet recognised they owed the money and preferred to settle the claim. They however pretended to have already contacted us and sent a cheque, which obviously wasn't true. They said they would resend a cheque, but we never received it.

Therefore the lawyer moved to the next step, i.e. pre-action disclosure and court proceedings pursuant to Article 7 of EC Regulation 261/2004.


The company preferred to settle the claim. They were given 42 days to pay the compensation.


The compensation has now been paid.


It seems that the airline has tried to avoid contact with the court. I believe this is for 4 reasons: first, to avoid claimable interests based on a delay of payment of around 18 months; secondly, to try to avoid additional court fees that they would have to return; third, to avoid an extended claim by not taking only the European regulation into account; finally, to avoid the case being recorded as successful in the lawyers's database which means more passengers will be aware.


I can only say that Easyjet will have been disgusting until the end.


Best regards

Edited by Conniff
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