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Any flight regulation experts about? (update: Carled wins!)

 Poster: A snowHead
Poster: A snowHead
We're about to attack Easyjet over our cancelled flight on Friday 9th Feb (they couldn't cope with the half inch of wet "powder" at East Mids airport...) and obviously we're going to try and get them on the compensation thing. They will claim "extraordinary circumstances" of the weather causing the problem and I'm just wondering if any of you lot had any info or experience to offer?

Basically the flight out to Cologne (the one that was ultimately cancelled) should have departed at 18:40. When we got into departure lounge at about 5:30pm or thereabouts, it was already showing as delayed to 19:10. It turns out that we were due to take the plane out that was landing from Venice, which had taken off late. At 18:15 the incoming Venice flight was advised that East Mids were shutting the airport imminently for snow clearing and the Easyjet flight decided to head for Luton instead as they didn't have enough fuel to hold above East Mids airport whilst the runways were clear. At some point between 18:15 and 19:15 (when we were told) Easyjet decided to cancel the flight rather than fly the plane up from Luton to East Mids.

As the weather forecast showed it getting warmer and turning to rain (which it did) and the snow stopped falling at about 7pm anyway, we're obviously all feeling a little aggrieved that they pulled the flight altogether rather than just delaying it while they got the plane up to us. The Easyjet Prague flight due to depart at 18:05 eventually took off just under three hours late at 20:54...


Last edited by Poster: A snowHead on Tue 22-05-07 18:30; edited 1 time in total
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 Obviously A snowHead isn't a real person
Obviously A snowHead isn't a real person
It might be easier to claim it on your travel insurance.
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 Well, the person's real but it's just a made up name, see?
Well, the person's real but it's just a made up name, see?
carled, I don't think you will have a chance. They have got the weather get out clause written into EU Regulation 261 2004 (Google it).

You will probably find that the crew have also gone out of hours because of the delay. Do as WTFH suggests - claim your insurance.

snowHead
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We are claiming the costs back on the insurance and EJ customer services already say they'll pay us back for all that. We're also after the compensation though!

The "extraordinary circumstances" can't simply be triggered by weather... read up on the Dublin man who successfully got awarded the compensation when EJ pulled a flight due to "high winds" last March... It has to be really extraordinary AND the airline has the burden of proof. If they'd been on time leaving Venice, they'd have landed at East Mids BEFORE the airport closed and the only reason they have for being late leaving Venice is "normal everyday knock on delays" (quote from their own customer services)... since when have "normal everyday knock on delays" been classified as "extraordinary circumstances"?

I'll get them... Twisted Evil
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 Anyway, snowHeads is much more fun if you do.
Anyway, snowHeads is much more fun if you do.
carled, now I remember you - did you pay the baggage handlers last year, or pay easyjet to carry your snowboard to the plane? I'm surprised you bother to fly with them at all, given how bad they are! Laughing Laughing Laughing
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I would have though easyJet had a case - force majeure if nothing else.
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 Then you can post your own questions or snow reports...
Then you can post your own questions or snow reports...
Yep. I'm the one that exploited Easyjet's loophole and got free snowboard carriage last year when most of you lot said it would never happen... NehNeh

Just spoke to a representative of the Air Passenger Rights Department in Belgium and they said that Easyjet had to prove (in a written statement) that the cancellation was due to extraordinary circumstances and that crews going over hours, delays due to knock-ons and missed departure slots by the airline were NOT extraordinary circumstances...

I'm quietly confident so nyah to the lot of you. snowHead
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 After all it is free Go on u know u want to!
After all it is free Go on u know u want to!
carled, but is it worth it? How much time are you going to be spending when you could have been earning, skiing, browsing snowHeads, etc?
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You'll get to see more forums and be part of the best ski club on the net.
carled, Keep us updated - but expect them to claim delay was caused by an air traffic decision. Go get them anyway Toofy Grin

Quote:
(15) Extraordinary circumstances should be deemed to exist where the impact of an air traffic management decision in relation to a particular aircraft on a particular day gives rise to a long delay, an overnight delay, or the cancellation of one or more flights by that aircraft, even though all reasonable measures had been taken by the air carrier concerned to avoid the delays or cancellations.


snowHead
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Bloody hell... it's worth it when I have a family of 4 on there! 1000 euros will do nicely, thanks very much!
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snowHeads are a friendly bunch.
Sage, where did you get the quote from?
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 And love to help out and answer questions and of course, read each other's snow reports.
And love to help out and answer questions and of course, read each other's snow reports.
I have written politely to BA following our in-resort cancellation. I just requested they meet our out-of-pocket expenses resulting from their late cancellation. We had to get from Manchester back to our cars at Birmingham.

I don't know why I am attempting to be nice to them though. I'll let you know how I get on.


snowHead
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 So if you're just off somewhere snowy come back and post a snow report of your own and we'll all love you very much
So if you're just off somewhere snowy come back and post a snow report of your own and we'll all love you very much
carled, I just Googled and found it. I have found a better definition though:

Quote:
(The airline is not obliged to pay compensation if it can prove that the cancellation was caused by "extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken". Such extraordinary circumstances might occur "in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier".)


It's from CAA Air Transport Users Council Page. This is a very useful site with lots of consumer info.

snowHead
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 You know it makes sense.
You know it makes sense.
carled, If you do complain you'll be lucky if they even give you the courtesy of a written reply.... In my experience Easyjet are not the best at dealing with any area other than "Sales" .........come to think of it they're just like like most other UK companies these days.... I reckon your best bet is your travel insurance if you want a refund
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 Otherwise you'll just go on seeing the one name:
Otherwise you'll just go on seeing the one name:
No, Easyjet have already agreed to the refund of costs, what I'm after them for is EU compensation. I will happily take them to court over it.
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 Poster: A snowHead
Poster: A snowHead
I certainly don't think they can blame the weather, light snowfall should not be unexpected in the Midlands during early Feb certainly it's not extraordinary, however they may have a get out clause if for instance the flight from Venice ran into unusually strong headwinds which might explain its low fuel status, if on the other hand Easyjet allowed the flight from Venice to depart with insufficient reserve fuel to allow for a short holding pattern delay then we're getting into very unplesant posibilities with regard to passenger safety, far more likely is that Easyjet decided to save money by having the captain land early and save on jet fuel, if that is the case and you can prove it which won't be easy then I'd guess that you will have a claim.

Good Luck wink
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 Obviously A snowHead isn't a real person
Obviously A snowHead isn't a real person
D G Orf, fortunately the burden of proof lies with the air carrier in these matters. If they cannot prove "extraordinary circumstances" then they lose, simple as that.
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 Well, the person's real but it's just a made up name, see?
Well, the person's real but it's just a made up name, see?
Ahaha...ahahahahahaaaa... (evil laugh)

I think I've done the buggers.

Firstly I got them to pay ALL of the out of pocket expenses... they refused the 250 euro compensation... I entered a moneyclaim online for the entire group. Cost £120 for a £4,200 claim...

Claim on behalf of an entire informal group
of 24 friends and family that was
travelling together. On xxx
February, Easyjet cancelled flight xxxx to
xxxx from xxxx as
we waited in the departure lounge. Easyjet
failed to comply with EU regulations
regarding providing written information
regarding our rights and phone facilities.
We are claiming the 250 Euros compensation
due under regulation 261/2004. Easyjet
claim extraordinary circumstances as the
airport temporarily closed due to snow
showers, but as the incoming flight (which
was to become our outgoing one) was late
departing due to standard operational
delays (according to Easyjet's own customer
services) and had it been on time it would
have been able to land some half hour
before the airport was temporarily closed,
the circumstances of the flight's
cancellation are hardly extraordinary in
nature. Therefore the compensation as laid
out in 261/2004 is due.


This was issued 19th April, which makes it deemed served on 24th April. They acknowledged it and said they were going to defend "part of the claim" but now they haven't done anything since and their 28 days is up... today!

Wahoo! One default judgement coming right up tomorrow.

Wonder how long they'll prevaricate about paying up for. Surprised they didn't defend. Maybe they're worried about the implications of the delayed flight coming in that was just knock-on delays... could have been an interesting precedent if they'd fought on that and lost.

Anyhow, £175 back per person coming right up, bargain... £4,200 off Easyjet's profits... Very Happy

Wear The Fox Hat, I'm sure you're particularly pleased for me in my ongoing struggle to force Easyjet into premature bankruptcy... snowHead
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Quote:

£4,200 off Easyjet's profits...

.......... and going right back onto their ticket prices, without a doubt.
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 Anyway, snowHeads is much more fun if you do.
Anyway, snowHeads is much more fun if you do.
carled, well done!
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And I won £94 with 4 numbers on the lottery on Saturday... Good luck comes in threes... hmm... Time to enter that competition for a luxury holiday home in the Austrian Alps...
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 Then you can post your own questions or snow reports...
Then you can post your own questions or snow reports...
carled, Result!! Very Happy Very Happy
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 After all it is free Go on u know u want to!
After all it is free Go on u know u want to!
Fair doos. You deserved it. Most people just can't be bothered rolling eyes .
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You'll get to see more forums and be part of the best ski club on the net.
carled, beers on you at the next ski test then Very Happy 10/10 for effort and perseverance
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carled, well done. The old moneyclaimonline strikes again. Nothing focuses the attention more than a writ and the limited amount of time you have to deal with it. Most big companies just pay up as the cost of defending nearly always outweighs the claim. I've alerted my call centre of your existance!
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