Delayed flight compensation

24
Found 11th Sep 2017
Hi there, my daughter and her boyfriend flew back home with Easyjet and their flight was delayed by more than 3 hours (with almost 2 hours sitting on the plane). I have filled up a claim via Easyjet's website. But it says that if a flight is delayed because of bad weather, they may reject the claim. The weather on Saturday where they were was just rain, and I personally think that they just accumulated the time over the day and it had an impact on the last flight of the day. Does anyone has had experience with claiming compensation with those no frill airline and has been successful? I mean it's easy to claim that the bad weather created the delay, but is there any way I can check with an official body? Thank you
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24 Comments
As I understand it, if your daughter was delayed because the weather at the departure point was out of limits for a safe take-off or the weather was forecast unsuitable at destination for a safe landing, you are not entitled to compensation.
If the delay to her flight was a knock-on from previous delays in the day which were due to weather, then compensation should be paid.
You need to know the actual and forecast weather for both departure and destination and if either were outside the limits for the aircraft. Being held on the aircraft for 2hrs. might suggest that the pilots were waiting for a weather improvement, but there are other reasons this could happen.
The starting point is the how delayed the aircraft was when the doors opened at her destination, this is where the delay is measured from.
An explanation of the delay from Easyjet would be a good start.
Edited by: "airbus330" 11th Sep 2017
Don't listen to easyjet - they will tell you all sorts (they trotted out terms like "aviation lawyers" and all sorts to my dad, we perservered and they didn't even enter a defence when my dad sued them - we have no legal training).

Head over to MSE and get their template letter (I actually used it when submitting on their site - think it was too long, so attached a screenshot with brief detail in their form). Thrre is also Bott & Co - the firm who enjoy taking airlines to court - they will take 30%, but 70% is better than nothing if you decide you can't be bothered pursuing it yourself.

Also don't forget that pilot skill level can have a big influence (i.e.whether they are qualified to land in a certain level of fog) - clearly employing better pilots is comfortably within easyjet's control.

Best advice is to look up your departure and destination airports & see what took off & landed between when you were meant to & actually did! I did that in my dad's case - he was delayed 6 hours because of weather where they took off from - yet easyjet had a flight at the same time take off with just half an hour delay! The main reason for 2 hours on the plane is likely to be cost - they would have to pay to get you taken off and re-boarded!

Good luck!
I had my flight canceled from easyjet while i was allready cheaked in and got told to go to the easyjet desk at front of airport didnt tell us why it was cancelled and we mist are friends wedding all we got back was are flight from them what was cancelled we lost everything else return flight with ryanair are parking are transport we dun a claim it got rejected and then we done a complaint and neve got a reply back so dont count on anything back
Edited by: "kevlfc" 11th Sep 2017
There's just been a segment on This morning with mse guy about this topic.. u might find it hand to have a look on itv online.. was about half an hour-1hr ago
Edited by: "LeahsMintytoutou" 11th Sep 2017
what makes you 'personally think that they just accumulated the time over the day and it had an impact on the last flight of the day'?

I can't see any reasoning behind your suggestion that they accumulated the time over the day and it had an impact on the last flight of the day as the plane was sitting on the tarmac for 2 hours.

What flight date and airports were involved? Planes don't generally sit on the tarmac for 2 hours without a good reason.
Edited by: "chocci" 11th Sep 2017
kevlfc2 h, 20 m ago

I had my flight canceled from easyjet while i was allready cheaked in and …I had my flight canceled from easyjet while i was allready cheaked in and got told to go to the easyjet desk at front of airport didnt tell us why it was cancelled and we mist are friends wedding all we got back was are flight from them what was cancelled we lost everything else return flight with ryanair are parking are transport we dun a claim it got rejected and then we done a complaint and neve got a reply back so dont count on anything back


If it is within 6 years (5 in Scotland), go to Bott & Co - they will tell you if you have a claim - 70% of a few hundred is better than 100% of nothing (yes I do like dragons den )
Edited by: "jnm21" 11th Sep 2017
claim culture gone mad 3 hours is hardly the delay of the century, would you of rather the flight take off on time and someone got injured due to the bad weather just to save your little princess 3 hours
Mine was cancelled at the airport not 3 hours thanks i will have a look
If you try a website like Airclaim you should be able to determine the exact reason for the delay and go from there.
I used revolver to claim after easy jet turned down our claim. I googled the reason they gave for declining to see if any had ended in court and they had, so I cited this in the claim in the letter and next thing you know they paid out, funny that, €250. They had also turned down my friend, as I booked the flights I included her in my claim and we got paid for both persons. Don't be fobbed off, they all try it on, gather the evidence for your case before you do anything.
Original Poster
chocci8 h, 15 m ago

what makes you 'personally think that they just accumulated the time over …what makes you 'personally think that they just accumulated the time over the day and it had an impact on the last flight of the day'?I can't see any reasoning behind your suggestion that they accumulated the time over the day and it had an impact on the last flight of the day as the plane was sitting on the tarmac for 2 hours.What flight date and airports were involved? Planes don't generally sit on the tarmac for 2 hours without a good reason.



Because it's what they said to the travellers. The waiting on the tarmac was because they missed their slot to take off, and had to wait for the next available one
Original Poster
ding6 h, 0 m ago

claim culture gone mad 3 hours is hardly the delay of the century, would …claim culture gone mad 3 hours is hardly the delay of the century, would you of rather the flight take off on time and someone got injured due to the bad weather just to save your little princess 3 hours



I hear you, but these cheapskates only offer them tap water while they were seating on the plane. They charge enough money for the flight now too, finished the time where you had £50 return flights. So while it was not the delay of the century it was not convenient. I had to go and pick them up at 01:00am too
Weather is not something the airlines can affect and isn't in the legislation so you will probably struggle. Air traffic control may have held them in a slot because of bad weather, you never know. Have a look at MSE it shows what can be claimed for and what cannot, and use the resolver service it's free and makes things easier.
Original Poster
Toptrumpet3 h, 50 m ago

If you try a website like Airclaim you should be able to determine the …If you try a website like Airclaim you should be able to determine the exact reason for the delay and go from there.



According to them they could claim £540. That would be too much, i thought maybe they could get a voucher to fly somewhere else later on in the year as a gesture of goodwill
ding7 h, 14 m ago

claim culture gone mad 3 hours is hardly the delay of the century, would …claim culture gone mad 3 hours is hardly the delay of the century, would you of rather the flight take off on time and someone got injured due to the bad weather just to save your little princess 3 hours


Yes and no - they would all screw passengers over for £5, so fair game!

Back in 2008 just after Christmas, they decided not to bother operating my 8pm flight home because of weather, but actually Liverpool Airport opened at 2pm and ryanair flight left for same destination after ours should have. Quite simply they didn't get football fans out in the morning so flight back empty so they didn't bother! Result was 24 hour delay! Never even offered us anything - phone calls, accommodation, food, nothing! So yes claim every penny you can folks!
eslick1 h, 18 m ago

Weather is not something the airlines can affect and isn't in the …Weather is not something the airlines can affect and isn't in the legislation so you will probably struggle. Air traffic control may have held them in a slot because of bad weather, you never know. Have a look at MSE it shows what can be claimed for and what cannot, and use the resolver service it's free and makes things easier.


While you are correct that they cannot control the weather, they could have spare planes/crew - that way accumulated delays for whatever reason would not delay passengers - thus this was within their control.
jeannot181 h, 20 m ago

According to them they could claim £540. That would be too much, i thought …According to them they could claim £540. That would be too much, i thought maybe they could get a voucher to fly somewhere else later on in the year as a gesture of goodwill


Google their annual profits & if you still think it is too much, claim, buy the flight you think is fair & then donate the rest to a worthy cause.
jnm2155 m ago

While you are correct that they cannot control the weather, they could …While you are correct that they cannot control the weather, they could have spare planes/crew - that way accumulated delays for whatever reason would not delay passengers - thus this was within their control.



how quick do you think they could get extra planes or crew there the delay wasn't because the plane wasn't there unless you didn't tell us that. Repositioning a plane isn't that easy, they don't just have them lying around the world in every airport just in case. With EasyJet the flights land turnaround and take off again nearly always in the same direction, if there is a weather delay it sadly will knock back all flights in that route.

I was just reading about a plane from our area which couldn't take off because of the weather in the landing area, air traffic control wouldn't even let the plane take off from the other end until the weather passed through. Had that myself coming home from working in the US my connecting flight couldn't take off though the weather was excellent where I was and it took me 2 days extra to get home and got nothing back for it as it wasn't an EU airline or EU flight.
eslick9 h, 55 m ago

they don't just have them lying around the world in every airport just in …they don't just have them lying around the world in every airport just in case


Exactly - that is a commercial decision, hence it is within their control. If a storm at A delays a flight from A to B then fine no compensation, but if that then delays a flight from B to C, they could have had an extra plane & crew at B. Also if it delays a later flight from A to B, then again they could have prevented it. Let's remember we are talking a 3 hour delay, not 20 minutes. I do think that the law is harsh, but I have zero love for airlines.

Take me having an 11AM landing flight to Liverpool, so that I can drive past Manchester pre-lunchtime - they simply cancel that flight more than 2 weeks ahead & offer me a pre-9AM flight (i.e. a 6AM start), a post-3PM landing flight (i.e. Manchester at rush hour) or a refund of the money I paid maybe 6 months previous (no interest, compensation for the price increase on other options, etc.).

Now let us look at if I had wanted to make such a change; move my flight please? Yes sure, that will be something like £40 plus the difference in fare - likely more than the cost of a new booking - to compensate them for my audacity to want to change flights. Can I cancel instead - yes, sure, but no refund - to compensate them (I may get taxes back less about £30, but not even worth it on a 2 person return booking).

That is likely illegal under UK consumer law - a contract which puts one party at a disadvantage is unfair where that is the consumer. Can I get anyone to take this up (MSE, BBC, etc.) - nope!
jnm211 h, 23 m ago

Exactly - that is a commercial decision, hence it is within their control. …Exactly - that is a commercial decision, hence it is within their control. If a storm at A delays a flight from A to B then fine no compensation, but if that then delays a flight from B to C, they could have had an extra plane & crew at B. Also if it delays a later flight from A to B, then again they could have prevented it. Let's remember we are talking a 3 hour delay, not 20 minutes. I do think that the law is harsh, but I have zero love for airlines.Take me having an 11AM landing flight to Liverpool, so that I can drive past Manchester pre-lunchtime - they simply cancel that flight more than 2 weeks ahead & offer me a pre-9AM flight (i.e. a 6AM start), a post-3PM landing flight (i.e. Manchester at rush hour) or a refund of the money I paid maybe 6 months previous (no interest, compensation for the price increase on other options, etc.).Now let us look at if I had wanted to make such a change; move my flight please? Yes sure, that will be something like £40 plus the difference in fare - likely more than the cost of a new booking - to compensate them for my audacity to want to change flights. Can I cancel instead - yes, sure, but no refund - to compensate them (I may get taxes back less about £30, but not even worth it on a 2 person return booking).That is likely illegal under UK consumer law - a contract which puts one party at a disadvantage is unfair where that is the consumer. Can I get anyone to take this up (MSE, BBC, etc.) - nope!


Sadly I don't think your way of looking at it will have any baring in a legal process. Good luck in your fight.
jnm213 h, 50 m ago

Exactly - that is a commercial decision, hence it is within their control. …Exactly - that is a commercial decision, hence it is within their control. If a storm at A delays a flight from A to B then fine no compensation, but if that then delays a flight from B to C, they could have had an extra plane & crew at B. Also if it delays a later flight from A to B, then again they could have prevented it. Let's remember we are talking a 3 hour delay, not 20 minutes. I do think that the law is harsh, but I have zero love for airlines.Take me having an 11AM landing flight to Liverpool, so that I can drive past Manchester pre-lunchtime - they simply cancel that flight more than 2 weeks ahead & offer me a pre-9AM flight (i.e. a 6AM start), a post-3PM landing flight (i.e. Manchester at rush hour) or a refund of the money I paid maybe 6 months previous (no interest, compensation for the price increase on other options, etc.).Now let us look at if I had wanted to make such a change; move my flight please? Yes sure, that will be something like £40 plus the difference in fare - likely more than the cost of a new booking - to compensate them for my audacity to want to change flights. Can I cancel instead - yes, sure, but no refund - to compensate them (I may get taxes back less about £30, but not even worth it on a 2 person return booking).That is likely illegal under UK consumer law - a contract which puts one party at a disadvantage is unfair where that is the consumer. Can I get anyone to take this up (MSE, BBC, etc.) - nope!


So you'd have no problem paying an extra 20-30% on every ticket to allow for the huge expenses of having planes and crew sitting around twiddling their thumbs in case a plane gets delayed because of weather etc?
Edited by: "chocci" 12th Sep 2017
chocci12th Sep

So you'd have no problem paying an extra 20-30% on every ticket to allow …So you'd have no problem paying an extra 20-30% on every ticket to allow for the huge expenses of having planes and crew sitting around twiddling their thumbs in case a plane gets delayed because of weather etc?


I didn't say it was fair, merely that it is the law & airlines do not play fair, so bring it on.

I didn't think that the ash cloud rulings were fair - how much have airfares went up since then? Am I happy paying c. 50% more, nope - am I paying it, yep.
eslick12th Sep

Sadly I don't think your way of looking at it will have any baring in a …Sadly I don't think your way of looking at it will have any baring in a legal process. Good luck in your fight.


I have all but given up the fight, but I do not think it is merely my way of looking at it:

A standard term is unfair 'if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer'– Regulation 5(1). Unfair terms are not enforceable against the consumer.

gov.uk/gov…pdf

I can't think of a more unfair term than one that says we can move your flight by days or cancel it completely with no compensation (e.g. I think it was Aer Lingus who simply closed their summer schedule on some Belfast routes a month early recently), but you must pay through the nose to move by hours or forfeit all monies to cancel.
I see that the consumer has won on the key point of other airlines - the CAA has finally enforced the letter of the EU regulation on Ryan air - previously they failed to act upon the airlines misreading 8.1(b):

"re-routing, under comparable transport conditions, to their final destination at the earliest opportunity" as

"re-routing, under comparable transport conditions, to their final destination at the earliest opportunity on the same airline"!

bbc.co.uk/new…571

YEY! This is truly momentous news for the travelling public - no more cancel on a whim & tell them to suck it up!

If only they had had this epiphany sooner when I was trying to get BMI baby to put me on a BMI flight about 10 years ago! I lost half a day of a 3 day trip & the CAA advisor basically told me they didn't usually get involved pre-flight and the airlines usually only offer the same airline!
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