The bad weather showed no signs of abating, so easyJet decided to cancel the flight with passengers’ and crew members’ safety in mind – but the airline has warned 70 of those affected that it could be up to a week until they can return home.
easyJet has attempted to explain that because the flight delay was due to bad weather, this instance in particular counts as an “extraordinary circumstance” and therefore is not claimable under EU Regulation 261/2004.
We regularly come across cases where passengers’ claims have been rejected by the airlines, where they are entitled to compensation, so we would always advise people to have the confidence to question the airline.
This isn’t the only time the airline has dominated media headlines in the past few days; another easyJet flight, travelling from Edinburgh to Geneva, was diverted to Nice as a result of the weather.
Rather than fulfil their promise to put up passengers in hotels at their interim destination, camp beds were assembled at the airport and the delayed holidaymakers faced a long and uncomfortable night.
Coby Benson, Flight Delay Compensation Solicitor at Bott and Co sheds light on the passenger rights of those stranded in Corsica. He argues that easyJet’s actions are unacceptable, as there is an expectation set within EU Regulation 261/2004 that airlines should take reasonable measures, which in this case includes re-routing passengers at the earliest opportunity, even if that means with a rival airline.
Coby encourages anyone affected by flight EZY8040 to not hesitate in seeking up to 250 Euros each that they are owed in flight delay compensation.
Bad Weather Is Not Always An “Extraordinary Circumstance”
Citing bad weather as the reason for a flight disruption is one of the airlines’ main “go-tos” when defending a claim for flight delay compensation.
Airlines take advantage of the fact that weather at times can be an extraordinary circumstance in order to fob passengers off – but those whose flight has been disrupted should know that bad weather must be “freak” or “wholly exceptional” for an airline to use it as a defence against paying compensation.
To put this into context, a snowstorm occurring in Egypt and therefore wreaking havoc with flight schedules is of course “extraordinary”, whereas if snowy conditions halted flights close to a ski resort, that isn’t “extraordinary” as snow is a usual and inherent occurrence, and passengers would likely secure flight delay compensation.
Bott and Co Can Recover Compensation For Those Stranded In Corsica
Expanding on the lengthy and frustrating wait that the easyJet passengers in Corsica could endure, Coby says, “The fact that these passengers could be stranded for days is just not acceptable.
This instance is not extraordinary and well within easyJet’s control but it is clear that they have not taken reasonable measures. With that in mind, the airline is solely responsible for providing compensation to its passengers of 250 Euros each, and ensuring they are re-routed at the earliest available opportunity.
There is an expectation set within EU Regulation 261/2004 that airlines should take reasonable measures, which in this case includes re-routing passengers at the earliest opportunity, even if that means with a rival airline.
“EU Regulation 261/2004 was put in place to protect air travellers and to make sure that airlines are doing all that they can to limit passenger inconvenience. Bott and Co looks at each case individually to determine whether the operating air carrier has done enough to avoid the disruption occurring.
“We regularly come across cases where passengers’ claims have been rejected by the airlines, where they are entitled to compensation, so we would always advise people to have the confidence to question the airline.
“The regulation also sets out to ensure airlines are looking after their customers who have been delayed for more than two hours. Food and drink vouchers should be given along with a telephone call or an email. Accommodation must be arranged if passengers are delayed overnight and transport to and from the accommodation and the airport must also be provided.”
We encourage anyone left in limbo by easyJet to know their passenger rights and seek flight delay compensation under the EU Regulation.