EU261 – easyJet delay due to plane damage

[fenned]

Hello,
I am just looking for some advice before pursuing easyJet further.
I had a flight from Birmingham to Belfast that was delayed around 4 hours due to a member of ground crew damaging the plane with one of their vehicles prior the the departure of the inbound (Belfast to Birmingham) flight.
They have denied my claim but I would argue that it was easyJet’s subcontractors who made the error and therefore easyJet are tangentially responsible and it wasn’t wholly outside their control. I also note that damage to an airplane isn’t on the list of Extraordinary Circumstances on the UK CAA website (appreciating this isn’t exhaustive).
Thanks

[JDB]

@fenned – the leading case that addresses (and supports your case) this type of event is Siewert v Condor Flugdienst. These cases always depend on the specific facts, but you should put this to easyJet and if they still refuse, escalate to AviationADR if necessary. I would avoid using the word ‘tangentially’ as it works against you in this instance!

[fenned]

Thank you, that’s all I need to hear! I can understand why they said no as I assume a majority would give up at that point…

[Lady London]

I will be very interested to hear how this turns out and hope @fenned will return to post.

It might hinge on the contractual nature of the relationship between Easyjet and the party that hit the aircraft. If there are other contracts in between and depending how closely the person that hit the aircraft was doing something for Easyjet instead of for someone else etc. I can see Easyjet’s lawyers being willing to defend this one.

[JDB]

The employer of the ground crew member or owner of the vehicle is immaterial to the outcome this case. Ground staff vehicular and similar equipment activity around an aircraft is considered to be inherent in the normal operation of an airline thus not ‘extraordinary’.

It would be different if what happened could be attributed to something like sabotage, activism or terrorism, but I can’t think easyJet will attempt such a defence.

[AJA]

I’m surprised EasyJet are trying to argue that no compensation is due. They can charge the costs onto the company that hit their plane who will add it to their insurance claim.

Several years ago working for LSG I had to submit an insurance claim for damage caused by one of the catering trucks that hit a brand new Qatar Airways 777 that had just arrived at LHR after its inaugural customer flight from DOH. The claim included substantial costs for last minute fares for rerouting passengers on any flight out of LHR to DOH and beyond plus hotel costs and associated compensation to customers and the LHR ground fees for several weeks while the plane was out of action pending repair.

[Rui N.]

This example of a ground handler vehicle hitting the aircraft is even used on the European Commission website as NOT being an extraordinary circumstance!