Reclamo N° 299425

Buon giorno, il 15 maggio dovevo rientrare a Milano da Barcellona con un volo easy jet alle 21 circa, dopo un'ora e mezza in cui comunicavano il ritardo ci hanno detto che il volo era annullato, ci fornivano un altro volo per il giorno dopo alle 18. Ci è stato comunicato che avremmo avuto 250 euro di rimborso più un rimborso spese aggiuntive (ho dovuto comprare un volo di rientro per la mattina dopo, non potendo perdere una giornata di lavoro). Ho chiesto poi il rimborso alla compagnia come da istruzioni. Mi è stato risposto così: Decision summary: We’re sorry that your flight was delayed overnight. Our assessment and legal team has carefully reviewed your claim and the circumstances around your flight and have confirmed that your compensation claim is not eligible for compensation payment under EU Regulation EU261/2004. Please note that this may not match with the information you were given on the day of travel, as our staff in airports, and on-board, may not have had all the information concerning your overnight delayed flight. Dear XXXX, We are sorry for the disruption to your flight. Our assessment and legal team have carefully reviewed your claim, including the circumstances around your flight and have confirmed that your compensation claim is not eligible for compensation payment under the Regulation. Please note that this may not match with the information you were given on the day of travel, as our staff in airports, and on-board, may not have had all the information concerning your E - ATC restrictions flight. Our assessment of your claim To further explain what happened on the day; air traffic control restrictions at Amsterdam airport on the previous flight substantially regulated the air space, which resulted in long delays to flights as aircraft waited for air space ‘slots’ to operate, sometimes for several hours. This delay pushed the crew into out of hours/fatigue your which meant we had no option but overnight delay your flight until the following day. We do take reasonable measures to avoid delays and cancellations to our flights by having replacement crews and spare aircraft available in our network. However, in the circumstances, these options would not have helped as your flight was cancelled/overnight delayed due to air traffic control restriction The Regulation When we have to disrupt a flight due to circumstances outside of our control, the flight is classified under the Regulation as being affected by “extraordinary circumstances”. An example of disruption outside of our control would be that primarily caused by air traffic control restrictions, industrial action, severe weather conditions or a runway closure. Compensation is only payable when a flight is delayed by 3 or more hours after the scheduled arrival time, or the flight is cancelled and the reason for the delay or cancellation was within our control. This type of disruption is classified the Regulation as “non-extraordinary circumstances”. Examples of this include most aircraft technical faults or when we haven’t taken reasonable measures to prevent or minimise disruption. A copy of the Regulation can be found at https://eur-lex.europa.eu/