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EU261 question

Old 20th Aug 2018, 16:42
  #1 (permalink)  
Thread Starter
 
Join Date: Oct 2009
Location: North West UK
Posts: 520
EU261 question

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.
Espada III is offline  
Old 20th Aug 2018, 17:24
  #2 (permalink)  
 
Join Date: Oct 2004
Location: mids
Age: 54
Posts: 0
I would just give in and make a claim.

I don't think you have any chance of getting anything but if your Mrs is anything like mine they won't shut up about it. Just tell her to get on with it.

Sick child is outside airline reasonable planning, if the aircraft had gone tech you might have had a case.

As for getting delayed due to ATC restrictions... no chance.

Flogging a dead horse about sums it up..... but since when has facts and logic ever got a wife to shut up about something?
tescoapp is offline  
Old 20th Aug 2018, 20:59
  #3 (permalink)  
Paxing All Over The World
 
Join Date: May 2001
Location: Hertfordshire, UK.
Age: 63
Posts: 8,873
I suggest that tescoapp is being rather too blunt but, I agree, the carrier did well in a series of bad luck.
PAXboy is offline  
Old 20th Aug 2018, 21:19
  #4 (permalink)  
Thread Starter
 
Join Date: Oct 2009
Location: North West UK
Posts: 520
Yes. Might as well claim I suppose. The main thing is telling her not to get excited about the unlikely payout
Espada III is offline  
Old 21st Aug 2018, 06:09
  #5 (permalink)  
 
Join Date: Feb 2001
Location: The Winchester
Posts: 5,362
TBH I think tescoapp's reply is one of the most pragmatic and diplomatic I've seen anywhere on PPRuNe in a while...sound's like the sort of tactic I've used on occasions.

And yes, I suspect the child's illness and/or the slot delay down to ATC probably torpedo any hope of compensation.
wiggy is online now  

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