Comp Query – Technical + Air Traffic – Still entitled?

[BHDFLyer]

Hi All,

Easyjet U2802 was due to depart BHD for Gatwick on Friday at 14:30 but was delayed.

We boarded the plane at 6pm (already 3hrs 30 delayed) and I took a video of the pilot explaining the original aircraft had technical issues and they had to change the aircraft.

Due to the late arrival/departure, he then came back on to advise of air traffic control delays as we’d missed out slot.

I imagine Easyjet will try to rely on this as an excuse to avoid compensation.

But does anyone know the law here where there are multiple reasons for an ultimate delay?

My thinking is surely because we didn’t board until >3hrs late, i should be entitled to full comp – £210 each

Thanks in advance

[JDB]

In a case like this where there is some question as to the cause of the delay, the best thing to do is to make the claim and see EasyJet’s response. They may just pay up and the relevant sum is £220, not £210. If EasyJet were to deny your claim citing ‘extraordinary circumstances’ having taken all reasonable measures, the burden of proof rests with them but they probably won’t provide that to you, so you will need to escalate your claim to AviationADR to whom they will need to provide appropriate proof in order for their defence to succeed.

I definitely wouldn’t use or refer to the video you say you took as, being hearsay, it’s not really probative, won’t affect your case either way and if people keep trying to hang them with this sort of non ‘evidence’ they will soon stop telling passengers anything remotely informative.

In response to the question re multiple reasons for a delay, they can’t just cite ATC to get out of paying compensation if that only caused say 30 minutes of the total delay. It doesn’t apply in your case, but airlines do sometimes successfully use that defence if an ATC delay is sufficient to take them under a time threshold.

[BHDFLyer]

Strange that a direct quote from the pilot would be considered ‘hearsay’ and ‘non evidence’ – To rely on this defence they’d be claiming their own employee is lying to customers.

I take your point about about advising pilots not to give the real reason for delays. I’m surprised they haven’t started this already. Especially on long haul flights.