Espada III
20th Aug 2018, 16:42
My wife thinks we have a claim under EU261 regulations. The scenario was as follows :-
We were due to fly on the easyJet flight from TLV to MAN on 13 August at 21:00. The inbound flight from MAN took off 90 minutes late as it had started its day flying to Hamburg from Manchester departing 80 minutes late for reasons I do not know but may have been ATC restrictions.
The inbound flight had to drop into Sofia due to a sick child so did not arrive in Tel Aviv until at least 7 hours after its scheduled arrival time, so clearly the crew were out of hours. easyJet looked after us and well before the plane arrived, we were put up in hotels overnight returning to the airport at about 1430 for a 1700 departure scheduled to land at 2030 in Manchester. This rescheduled flight was also delayed and although we were all on board by 1900, we were told about another ATC restriction of an hour so we did not take off until 2005 and as far as I can tell the doors opened at about 2335, so just five minutes beyond the threshold for EU261 to apply.
I am of the opinion that all the these events are outside the airline's control so no compensation is payable. I suspect that the 1700 departure time was optimistic due to the time the crew needed for legal rest and they appeared in the terminal at about 1800. However my wife and many others on the flight are convinced that they have a legitimate claim.
I appreciate that the Court is the final arbiter in such matters but does anyone have experience who can advise if I am denying myself compensation I am legally due or if my wife is flogging a dead horse.?
I am fully aware of the morals of such discussions so please do not flame me for asking the question. Personally I think the airline did as best they could, but my wife would be more than annoyed if other passengers received compensation to which they were legally if not necessarily entitled and we did not claim at all.
We were due to fly on the easyJet flight from TLV to MAN on 13 August at 21:00. The inbound flight from MAN took off 90 minutes late as it had started its day flying to Hamburg from Manchester departing 80 minutes late for reasons I do not know but may have been ATC restrictions.
The inbound flight had to drop into Sofia due to a sick child so did not arrive in Tel Aviv until at least 7 hours after its scheduled arrival time, so clearly the crew were out of hours. easyJet looked after us and well before the plane arrived, we were put up in hotels overnight returning to the airport at about 1430 for a 1700 departure scheduled to land at 2030 in Manchester. This rescheduled flight was also delayed and although we were all on board by 1900, we were told about another ATC restriction of an hour so we did not take off until 2005 and as far as I can tell the doors opened at about 2335, so just five minutes beyond the threshold for EU261 to apply.
I am of the opinion that all the these events are outside the airline's control so no compensation is payable. I suspect that the 1700 departure time was optimistic due to the time the crew needed for legal rest and they appeared in the terminal at about 1800. However my wife and many others on the flight are convinced that they have a legitimate claim.
I appreciate that the Court is the final arbiter in such matters but does anyone have experience who can advise if I am denying myself compensation I am legally due or if my wife is flogging a dead horse.?
I am fully aware of the morals of such discussions so please do not flame me for asking the question. Personally I think the airline did as best they could, but my wife would be more than annoyed if other passengers received compensation to which they were legally if not necessarily entitled and we did not claim at all.