When easyJet want to avoid EU261 compensation
Aug 4, 2017, 11:28 am
#16
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You are, of course, entitled to a refund of your ticket as U2 did not fly the segment.
If indeed U2 can document the lack of crew hours occasioned by ATC delays which took the flight length over the scheduled-in buffer, you will not collect any compensation.
U2 will not pay for your new ticket.
If indeed U2 can document the lack of crew hours occasioned by ATC delays which took the flight length over the scheduled-in buffer, you will not collect any compensation.
U2 will not pay for your new ticket.
Aug 4, 2017, 2:45 pm
#17
Join Date: Jan 2017
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To be fair to U2 - they paid for hotel and taxis and also they are reimbursing the BA flight I took on Monday morning 1,075 for 3 of us, vs the 107 that we spent on the original flight from BFS that got cancelled. So I am not out of pocket at least. But it would still be interesting to know how they can determine and prove that ATC was the cause of the cancellation. Otherwise virtually every delay or cancellation could be excused by exceptional circumstances......and then what is the point of EU261?
Also on Sunday, BES*, BOD*, MAS*, Greece and Cyprus all had slots in. As the day went on slots became worse in Europe due to capacity and in some destinations (Greek Islands) due to the Weather playing a part.
* Likely to be en route ATC slots rather than arrival destination slots.
Aug 19, 2017, 11:04 am
#18
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Sorry to come back again for some clarification from any expert out there....
So it is clear that on 30th July the regular rotation LGW-BFS-LGW-BFS-LGW was interrupted after the first two sectors as easyJet commandeered the aircraft for a late running CPH flight, and did not find one to put onto the BFS service. My view is that this was clearly an operational issue (any arguments there?), but easyJet customer services has not responded to my counter claim for 3 weeks now. Do I go to MCOL or the CAA now? How can I escalate within easyJet (assuming I have a clear case to answer)?
So it is clear that on 30th July the regular rotation LGW-BFS-LGW-BFS-LGW was interrupted after the first two sectors as easyJet commandeered the aircraft for a late running CPH flight, and did not find one to put onto the BFS service. My view is that this was clearly an operational issue (any arguments there?), but easyJet customer services has not responded to my counter claim for 3 weeks now. Do I go to MCOL or the CAA now? How can I escalate within easyJet (assuming I have a clear case to answer)?
Aug 27, 2017, 9:59 am
#20
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Got a further email from easyJet. It merely repeated that the claim did not qualify because of ATC restrictions. But they did not offer any evidence or proof (again). They then said that in their view the matter was closed. Can they do that? I am clear that it was an operational switch if aircraft that let to ours being cancelled. OK, maybe they switched it because they didn't want CPH passengers to claim (more expensive for them?) but in my view the aircraft switch was clearly in their control. Thoughts anyone or am I flogging a dead horse?
Aug 28, 2017, 12:08 am
#21
Join Date: Jan 2010
Posts: 9,321
For what it's worth, some of the NWNF companies have a checking system to determine whether passengers on a specific flight are likely to be due compensation. The one that I use says yes, you are due 250 Euro per passenger.
Aug 28, 2017, 12:56 am
#22
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Even if it's not quite the 8 week point, it sounds like your latest correspondence is easyJet's final decision so you can go to CEDR with your claim.
For what it's worth, some of the NWNF companies have a checking system to determine whether passengers on a specific flight are likely to be due compensation. The one that I use says yes, you are due 250 Euro per passenger.
For what it's worth, some of the NWNF companies have a checking system to determine whether passengers on a specific flight are likely to be due compensation. The one that I use says yes, you are due 250 Euro per passenger.
Aug 28, 2017, 2:07 am
#23
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The "checking system" does not consider the merits of the case or the likelihood of obtaining compensation. It's just a mere sanity check to weed out cases where the delay simply doesn't qualify in the first place.
Aug 28, 2017, 3:50 am
#24
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The "checking system" merely looks up the arrival delay and determines whether it is actually late enough to qualify.
The "checking system" does not consider the merits of the case or the likelihood of obtaining compensation. It's just a mere sanity check to weed out cases where the delay simply doesn't qualify in the first place.
The "checking system" does not consider the merits of the case or the likelihood of obtaining compensation. It's just a mere sanity check to weed out cases where the delay simply doesn't qualify in the first place.
Aug 28, 2017, 7:34 am
#25
Join Date: Jan 2010
Posts: 9,321
The "checking system" merely looks up the arrival delay and determines whether it is actually late enough to qualify.
The "checking system" does not consider the merits of the case or the likelihood of obtaining compensation. It's just a mere sanity check to weed out cases where the delay simply doesn't qualify in the first place.
The "checking system" does not consider the merits of the case or the likelihood of obtaining compensation. It's just a mere sanity check to weed out cases where the delay simply doesn't qualify in the first place.
Aug 28, 2017, 7:45 am
#26
Join Date: Mar 2016
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They are not obliged to provide you with proof, if you don't believe them, take them to court!
Aug 28, 2017, 9:10 am
#27
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(*must be recent, i.e. they cannot have already been through the process of interacting with the airline in question and therefore having had it proved to them that extraordinary circumstances arose, or that they lost the case in court. In these circumstances, they are unlikely to wish to solicit further claims for the same flights, and would adapt the "checker" accordingly).
Jan 12, 2018, 1:26 pm
#28
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Well 6 months on from the original cancelled flight and, through CEDR, I have actually got a ruling in my favour. EasyJet even fought it through CEDR, still saying it was down to ATC restrictions. But in their 'evidence' they shared a document that showed that afternoon they made a last minute switch of aircraft on the LGW-BFS-LGW-BFS-LGW rotation. I guess easyJet's view is that most people will give up, maybe when they say 'no' to the passenger, or then saying 'no' to the CEDR adjudicator in the first round of 'evidence'. Persistence eventually paid off......and that would be my recommendation to anyone caught up in a dubious denial of an EU261 claim
Jan 14, 2018, 5:21 am
#29
Join Date: Aug 2013
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Posts: 55
It just goes to show how many airlines do this, I had a BMI flight cancelled last month because of operational reasons (they got the plane due to operate my flight stuck somewhere the night before) I put in a EU261 claim and they said it was a manufacturing issue so I wasnt due it. I replied saying by manufacturing do you mean a technical issue with the aircraft and referenced previous legal rulings before threatening my own. They then replied saying theyd re-considered and awarded me the compensation.
Just goes to show in both cases have some background knowledge and dont give up when they try and fob you off.
Just goes to show in both cases have some background knowledge and dont give up when they try and fob you off.
Sep 24, 2018, 6:30 am
#30
Join Date: Sep 2018
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Posts: 279
Interesting taht Easyjet fought it right up until the end. I'm in a similar scenario and have just got a response from Easyjet, but some of their claims are rubbish. In addition to a crew time out claim (from gatwick!) they also claimed that the arrival airport had a curfew but in the airports documents we would have had 4 hours within which to land a 1.5 hour flight! So I have responded to their email and am tempted to take it to CEDR...