Flight delay and cancellation compensation, Easyjet ONLY

For info if anyone has claims for same flights, have had two successes, both without getting beyond 2 letters each.

First was for the trouble with Easyjet's checking in system on 15th October so a delayed flight from Larnaca to Gatwick, EZY8968, this was a claim on behalf of my in-laws and they were delayed about 5 hours and got 800 euros between them.

Due to making that claim I remembered a cancelled flight, EZY235 that I had taken with my other half back on 2nd May 2010 from Stansted to Edinburgh. This claim took a little longer but I received payment today for 500 euros.

One word of advice to newbies like myself wanting to make a claim, READ THE FAQS! There's everything needed to make your claims in the first instance.

I have not read of any passengers making a successfully compensation claim for an infant in court, so I thought I would post this in the general area as well (already posted under the easyJet area too!) to encourage those who have been refused infant compensation...

Today we had our day in Court in Northern Ireland with easyJet for flight compensation. Our flight was delayed for over 12 hours back in December 2009 while traveling from Malaga to Belfast. easyJet admitted liability and paid out compensation for all the passengers in our party, except my one year old son. easyJet claimed that my son only paid an "infant fee" instead of a regular fair. I finally lodged a claim before action which easyJet ignored, and then proceeded with a small claim in county court. easyJet's defense was that article 3.3 of Regulation (EC) No 261/2004 makes an exception for those who fly for free, which easyJet includes as those flying on an infant fare. easyJet's solicitor had written to us before the case, inviting us to drop it. Here is a portion of his letter and easyJet's position:

"You are right that the Regulation does not limit the right to compensation to passengers to age or where they seat on the flight, however, what the Regulation does limit is the right to compensation to passengers by what ticket they purchased. Article 3.3 of the Regulation provides:

'This Regulation shall not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public.'

Looking at the booking, your son did not purchase a seat on the flight in question, but instead an fixed infant fee was paid to allow him to travel in the lap of one of the adult passengers. This infant fee is an administrative fee charged by easyJet to provide the necessary equipment, such as the infant sit belt, to allow an infant to travel in the lap of an adult. As such your son actually travel free of charge as no ticket was purchased, merely an admin fee paid to allow him to accompany you on the flight. In any event you clear mention the fact that your son paid reduced fee for the flight. As such your son actually travel on a reduced fare. In any instance, as per Article 3.3 of the Regulation the Regulation does not apply to him, therefore since the Regulation does not apply to him there is no entitlement to the compensation afforded to passengers under the Regulation."

We refused to withdraw the civil claim and arrived at court at 10:30 am this morning, with no sign of easyJet's solicitor. The judge gave him an extra 30 minutes to show up before proceeding with the case (he never showed up at all.) After being sworn in, the judge did almost all of the talking for 10 minutes, telling us that this was the most interesting case in his "stack" and that easyJet had as much as torpedoed their own case by claiming that the "fee" included charges associated with the purchase of necessary safety equipment, so that it was not merely an administrative fee for the paper ticket. Also, he acknowledged that easyJet's website did not refer to an infant fee, but to a "charge per infant" so as per article 3.3, our infant son could not possibly have flown "free of charge" if there was any charge at all involved. After doing all the talking for ten minutes (and dismissing easyJet's defense in the process), he thanked us for providing copies of all the relevant paperwork and said that he hoped that he had not opened the flood doors for a wave of infant compensation claims on the airlines. He also added, that it was great to see people pursue their rights with such determination and thanked us twice. We were awarded the original compensation, 8% interest for four years and the court costs. All in all, a great day! Don't let the airlines off the hook with regards to infants, as they are completely covered by (EC) No 261/2004 if they have paid any costs at all that are readily available to the general public!

p.s. Special thanks to Centipede100 for his help and encouragement along the way! Definitely could not have done it without you!!

jbellj wrote: »

Thanks for that. As it was over 12 hours can claim for a refund of the flight cost or have I misunderstood the legislation?

Also the infant cost was £20 each way, is this still entitled?

After 2 failed attempts to claim I employed euclaim no win no fee company. EasyJet have now paid up after the first letter admitting liability.

They claim the toddl er isn't entitled under some regulation whichI !!! ume is fine.

My next question is can I ask EasyJet to pay for the fees claimed by euclaim, 25% or so of my payout. I don't begrudge euclaim the money they seemed very professional buy I am annoyed that EasyJet 'lost' me the fee.

jbellj wrote: »

After 2 failed attempts to claim I employed euclaim no win no fee company. EasyJet have now paid up after the first letter admitting liability.

My next question is can I ask EasyJet to pay for the fees claimed by euclaim, 25% or so of my payout. I don't begrudge euclaim the money they seemed very professional buy I am annoyed that EasyJet 'lost' me the fee.

Exact same thing happened to us (toddler bit excluded)
Easiest 200 quid they have earned but hey-ho