Reply To: easyJet – is this an extraordinary circumstance?

[Matt]

The decision on compensation is not just whether there were extraordinary circumstances, but also if there were, whether all reasonable actions were taken to avoid a delay. It is fairly clear that ATC restrictions count as extraordinary circumstances. It is still possible that compensation is due if Easyjet should have been able to avoid delaying you. The first and most obvious measure they could take would be having spare aircraft and crew available at their base. If they didn’t, then you could have an arguable case for compensation.

It will depend completely on the details – where were you flying from and to, were there any other options they could have rebooked you on that got you there within the time limits, what flight have they offered you. If you were flying from a tiny airport with 1 flight a day, there is unlikely to have been anything they could or should have done. If your flight was from Gatwick or another big base then they might struggle to say they couldn’t do anything.

JDB is correct about what do do – if you think compensation is due then claim it, challenge a refusal if you don’t agree with it, and take it to ADR if you still don’t agree with a rejection.

If you give more details of the situation you might get more specific advice.