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Easyjet EU261 rejected advice

Skipton, United...
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Easyjet EU261 rejected advice

Hello i wonder if any experts can point me in the right direction on this matter. i have just received an e-mail from easyjet saying the following.

Dear Andrew

Thank you for your EU261 compensation claim which we received on 2017-08-21.

We’ve reviewed your claim and we can confirm that your flight from Manchester Intl to Hamburg airport was delayed overnight due to weather condition.

Compensation is only payable when the delay/cancellation is within our control, a technical fault with an aircraft would be an example.

When delays/cancellations are not within our control they’re classified under EU law as ‘extraordinary circumstances’. An example of this would be air traffic control strikes or bad weather.

As your flight delay was caused by weather, this is an extraordinary circumstance, so unfortunately you are not eligible for compensation under article 7 of EU261/2004.

Inorder to claim for additional expenses, I request you to submit the welfare form as the link given below. Please ensure you have all receipts prior to submitting your claim.

https://www.easyjet.com/en/claim/welfare

Once again we’re sorry for the delay of your flight but hope to welcome you on board again soon.

Claim Reference: ***********.

Case Id: *********.

Regards

*******

easyJet Customer Services

Now what i am not sure about is if i am being fobbed off or not and if i should push this claim further, here are the circumstances of our delay.

It was the Manchester to Hamburg flight Friday 18th of August, we were due to fly at 19.45, it flashed on the board the flight was delayed until 20.30, we got a boarding call at 8pm to go to gate, we queued at the gate and saw the plane we we due to board waiting at the gate, i would guess it was approx 45 minutes that the plane was at the gate before the passengers on that plane were allowed to disembark which we wondered what the problem was for the passengers to be held back so long, we all stood in the queue waiting to board for around 3 hours with no information given until there was a call over the speakers saying all passengers on our flight needed to go to gate 20, it was around this time i received a text stating our flight was delayed overnight and will depart tomorrow at 8.45.

when we got to gate 20 we were escorted by police out of the airport and told to go to the easyjet ground crew desk, it was chaos at the desk and there were many people giving the poor girls behind the counter plenty of hassle, and in the end they pulled the shutter down and shut up the counter. we did hear the girls on the counter telling people they could not get them hotels as they were all booked up, and i also got a text from easyjet at 00.25 saying we are very sorry but due to high demand they have been unable to find us a room and our staff will do everything they can to help us (a little tricky when the counter has been closed) anyway after being told there are no hotels available and being 1.15hr from home we sat in the arrivals area of the airport overnight waiting for our 8.45 delayed flight. sorry i should have also said we had a 12yr old child with us so i was a little miffed they didn't find any accommodation, but if they are full its not really their fault. i had booked a hotel next to Hamburg airport for the 1st night as we would be landing late, and did it through hotels.com which was non refundable so had to pay that but not got a receipt as we never got there.

the following morning we flew on our trip at 9.30 a little late but after an overnight delay whats another 45 minutes :-) but the strange thing was, the pilot made a statement over the planes speaker system apologizing for the delay and not just advising but urging passengers to complain as she said this keeps happening and will keep happening unless people complain, now that to me is not an act of mother nature why on earth would a pilot encourage the passengers to complain if it was an act that was out of the airlines hands ?

when i got home i filled the relevant claim form in on easyjets website and also read the reports in the papers which said that a spokesman from easyjet made the following statement.

A spokesperson for easyJet said: 'easyJet can confirm that due to the knock on effects of Air Traffic Control restrictions caused by weather disruption in central Europe and some ground handling staff shortages on Friday it had to cancel two flights from Manchester and delay one flight overnight.

'Passengers were provided with refreshments in the terminal whilst we sourced accommodation. easyJet will reimburse passengers who sourced their own accommodation and pay expenses including transfers and meals.

'We would like to thank the passengers for their understanding and apologise sincerely for any inconvenience experienced by the delay and cancellation.'

'The safety and wellbeing of our passengers and crew is always easyJet's highest priority.'

to me that reads there was clearly a ground staff shortage which would explain why our plane sat on the tarmac for around 45 minutes until the passengers could disembark which no doubt made our flight either miss our slot or the Hamburg landing curfew.

i have never claimed for a flight delay before and to be honest never felt the need even though i have had a flight from Leeds in the morning cancelled and ended up being bused to Manchester to fly in the evening, it was not a problem as it was handled in a correct and professional manner with communication, but i feel we were so badly treated and informed and left with no help or advice overnight in the airport with a child that i should push on with this claim. i feel we are being fobbed off with the excuse it was bad weather over central Europe earlier in the day that was the cause of the problem.

any advice on where to go with this would be really appreciated, do i keep on at easyjet, or go to a flight delay solicitor ? or just accept what they say, but i feel we are being fobbed off in the hope we will just forget it and not take it any further.

here is a link to what the press said about the situation, i think 4 or 5 flights were cancelled and ours delayed overnight. dailymail.co.uk/news/article-4808804/easyJet…

thank you for any advice. Andrew

63 replies to this topic
Leeds, United...
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1. Re: Easyjet EU261 rejected advice

I've just checked on the EU Checker website (flight details are U21845 on 18/08/2017, replacement flight the following morning was at 08:50) and it states that you are not entitled to compensation for this delay.

Edited: 2:35 pm, September 19, 2017
Silver Spring...
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2. Re: Easyjet EU261 rejected advice

Sounds like a pain, but I would not rely on the Daily Mail for accurate reporting.

Lancashire, United...
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3. Re: Easyjet EU261 rejected advice

I wouldn't rely on the Daily Fail for any type of reporting, accurate or inaccurate!

Skipton, United...
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4. Re: Easyjet EU261 rejected advice

yes i know that the press is full of rubbish but it all just seems a little strange that they say an easyjet spokesman says it was due to bad weather earlier in the day which had a knock on effect but also there was a lack off ground staff,

which would explain why the flight we were due to board was still full of passengers sat on the tarmac for around 45min before they were allowed off, and the fact the pilot told everyone to complain as this keeps happening, something just doesn't seem right. and i feel we are getting the run around, but i have never had to put a claim in before so this is new to me, so wanted some advice as to if its worth chasing up.

thank you

Dublin, Ireland
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5. Re: Easyjet EU261 rejected advice

well, even the daily fail stated that there was weather disruption and as a number of flights were cancelled, then that bears out the fact that weather was inclement. easyjet appear to have done everything right.

Skipton, United...
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6. Re: Easyjet EU261 rejected advice

thanks sun magic does that mean its final and not worth persuing any further ?

Portland, Oregon
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7. Re: Easyjet EU261 rejected advice

I just checked an ambulance chasing lawyer site (Bott) and they say it's claimable.

But instead of going to court or using an ambulance chasing lawyer you can use Alternative Dispute Resolution (ADR). EasyJet is signed up to CEDR. You'll need to get some more information to support your case as to why bad weather earlier in the day cannot be classed as an extraordinary circumstance.

https:/…

https://www.cedr.com/aviation/

Leeds, United...
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8. Re: Easyjet EU261 rejected advice

EUclaim website says no, but as USBT says the Bott & Co website says yes. It is up to you if you want to follow it up. First you can try the ADR but then if you get no joy going down that route you could try a claim via Bott & Co but they will take a percentage of your claim if you do win.

Edinburgh, United...
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9. Re: Easyjet EU261 rejected advice

Even if the root of the cause was bad weather, knock-on effects of such are not generally extraordinary.

Skipton, United...
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10. Re: Easyjet EU261 rejected advice

thanks guys i also did the Bott and co website and they are sending me daily e-mails asking for me to sign the forms so they can proceed, but as you say they take a cut. but i think that is the route to go down as i am not wanting to make a load of money out of this, (it would be nice though) i just feel we are not being told the truth and being fobbed off, if we had been given straight up front information and been treated in a proper manner i would not have even tried to claim, even though we missed a day and the cost of our hotel, i understand these things happen, but i do think in my gut that they are hiding the truth here, and wanted to know if easyjet are upfront with claims and pay whats due, or try fob people off in the hope they will forget about it.

it seems irrelevant know watching the news about all the poor people on the Ryanair flights, but i am going to dig my heels in on this and let the compo solicitors have a go as i have never experienced such bad customer service, even though i felt sorry for the poor girls at the counter taking all the flack, i know its a budget airline, but they should be prepared for situations like this, we were not the only ones with children left to sit it out in the airport overnight either, there should be some system in place to look after families with children, especially when we overheard adults travelling alone in the boarding queue the following morning saying easyjet put them in a hotel overnight.

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