A letter to Easyjet

Sirs,

The flight I was supposed to be on this morning, from Faro to Gatwick, was cancelled by your good selves. I am now rebooked which is great. However, there seems to be a further stage under EU rules which needs to be raised.

http://www.auc.org.uk/default.aspx?catid=306&pagetype=90&pageid=9367

From what I can see there the cancellation has led to a delay of more than 3 hours on a trip of 1,500 to 3,500 km (Faro to Gatwick is apparently 1,700 km or thereabouts). It seems therefore that you should be paying me €400 compensation within the next 7 days.

I look forward to this of course.

As the Air Transport Users Council makes plain here:

http://www.auc.org.uk/default.aspx?catid=306&pagetype=90&pageid=11011

\”One of the most common reasons for delays and cancellations is what airlines call \”technical problems\”.  And airlines took the view that technical problems were \”unexpected flight safety shortcomings\”.  So they did not pay compensation when disruptions were caused by technical problems.

However, in December 2008, the European Court of Justice made a ruling that, as a general rule, airlines should not refuse to pay compensation when a flight is disrupted due to technical problems.  They would only refuse to pay if the problem \”stems from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control\”.\”

The technical problems on this morning\’s flight would seem to be included in that above definition as problems requiring such compensation.

I look forward to your speedy response.

While I am in contact with you, I\’d also like to raise the subject of this, our earlier contact with you:

Reference Number: 101218-002427

This is simply asking for the refund of the ticket cost of a flight which was cancelled due to the Spanish air traffic controller\’s industrial action towards the end of last year. It is now one month since you confirmed that you had received my email on the subject: that would appear to have been enough time for you to confirm that the flight was indeed cancelled and for you to have contacted me again.

Assuring you of our best attentions at all times,

Julie Cook

My inamorata would like to make it plain that, while she despises the EU quite as much as I do, if Easyjet had dealt with the first, entirely straightforward, refund, less fuss would be being made now about the EU rules on compensation. Indeed, no fuss might have been made at all.

5 comments on “A letter to Easyjet

  1. I would try http://www.euclaim.co.uk

    They take about 21% of the award but they certainly do all the leg work with the airline so you don’t have to. I have used them for a claim and they are very good. As they have a lot of claims it takes about 3 weeks for an initial reply. Hope this helps.

  2. “airlines should not refuse to pay compensation when a flight is disrupted due to technical problems”

    Thereby incentivising airlines to run flights which may be less than fully safe? Nice job, ECJ.

    Which is not criticising Ms Cook’s EasyJet-baiting, as it’s probably what I’d be doing under the circs. 🙂

  3. Dick,
    I think you’ve missed the point. Without that clause an airline could skimp on maintenance, then ground any plane which shows technical gremlins on the day, without having to pay compensation.

    So all this is doing is ensuring compensation if the defect should have been avoided through normal maintenance.

    Sure, it adds an incentive to keep flying even if the aircraft starts to rattle a bit, bit that’s stacked against a fairly large incentive not to kill too many passengers, and the likelyhood of the pilot (with his/her own incentives to land safely) and the flight recorders grassing them up if they do.

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