Easyjet T&Cs
Thanks for all the letters of support, it cheers me up no end. I could check Easyjet T+Cs, but unless they say in there they are above the law then it doesn't matter a jot. The reason being is my claim is for the EU Mandatory compensation of E250/passenger where the Airline cannot operate the flight.
Now, there is an exception in this EU regulation that says the airline doesn't pay the E250 where it would be unsafe to operate the flight, and this I totally agree with! We don't need flights occuring that should not be. Generally these exceptions are maintenance, war, industrial action, weather, etc.
As expressed previously Easyjet are wiggling out of this claiming weather. But 100 out of 103 aircraft operated from T3 MAN that day, including two on the exact same MAN/MALTA route. So yes England was in a cold snap, but there was nothing about the weather per se that meant that flight that day could not be operated.
Now, it could be, and it's not for me to argue, that the weather had stretched Easyjet so thin that they ran out of crews, tugs, aircraft, biscuits whatever. But the EU regulation is almost designed to "punish"/"deter" airlines that resource their operation so thin that passengers are regularly inconvenienced. Act of God can only be used so many times... And that's the basis for my case, all the other airlines managed it, so Easyjet cannot use the weather/safety argument for my flight.
G