EasyJet flight cancellations - Refunds & Compensation advice/howto?

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jacq1111 wrote: »

PLEASE PLEASE PLEASE persist when dealing with Easyjet. I found once I quoted the EC regulation things moved much quicker.

Good luck all

Well done and thanks for the update.:)

rachelbclayton

Wow - I don't know why I am so surprised to find so many other people who have been treated so appallingly by easyjet, but I really am!
I also was due to travel with them over the 2009/10 Christmas period and was unfortunate enough to have issues with flights both ways! Amounting to almost £600 of additional costs and an unexpected diversion to Koln over night before having to make my own way home.
I have been 'negotiating' with EZ over this for the past 6 months and am not planning to give up!
I'm really shocked that easyjet advised so many people that they would reimburse costs for onward travel (as they did to me on both occasions) but then when it comes to writing the check they apologise but say that they can't help. Surely this is not legal practice??
I have quoted the EU regulations at them and have also lodged a compliant with the Airlines Users Council. Apparently there are big fines for airlines not complying with the rules -so I seriously hope you guys all pursue them too!

michty6

Hi All

Brief facts: flight was cancelled by Easyjet for lack of staff. Got re-routed and everything fine. I sent them a letter asking for €250 each for myself and my partner under Regulation 261/2004. No response for 2 weeks. Just over 1 week ago I sent a letter before action saying I would add in admin and court costs. No response.

Should I just go and file in small claims court? Or I was thinking I would send them one final letter (and also email this andy@easyjet.com guy) detailing the additional costs (£15 per letter sent to them, ~£75 to cover the small claims court costs) that I will be claiming for if this has to go to court, stating that if I have not heard from them in one week the next thing they will receive from me is a court summons...?

Or this there a regulator I should take this to before small claims?

Thanks

Mich

richardw

michty6

Perhaps do this if you are highly confident that you have a strong case against them.

It appears that the small claims court can recommend mediation/arbitration in certain cases that can add time to the resolution of cases.

It appears that you have not had an e mail dialogue with easyJet's lovely customer services people, I suggest you do through http://easyjet.custhelp.com/app/ask/sno/0

Start of with a why was my flight cancelled question, they are most likely to say 'extraordinary circumstances' therefore no compensation, then reply with Article 5.3 of EC261/2004 requires proof of the extraordinary circumstances response please provide proof. They are bound to respond with the brush off, keep requesting the proof, you'll get all kinds of ATC excuses blah blah, and the our records are proof and this e mail is proof blah blah.

Customer services are doing this to put people off, but be tenacious, and don't take it personally or be emotive/mud slinging.

When you have had several brush offs, this provides background of their attitude and behaviour which may be useful to prevent the small claims court recommending arbitration/mediation which would drag your case out. But you haven't got there yet.

When you've had several brush offs do a final e mail stating your case including reference to their non reply of your snail mail correspondence and that you will be starting a claim through moneyclaim online then send it.

Then e mail details of your recent e mail exchange to one or more of these http://corporate.easyjet.com/about-easyjet/our-management/board-of-directors.aspx

Their e mail addresses are [EMAIL="firstname.lastname@easyjet.com"]firstname.lastname@easyjet.com[/EMAIL]

michty6

Great- thanks for the advice. I think I filled in one of their customer services forms and didnt get a reply. So I have just emailed their customer services. Thing is they havent even bothered to give me the 'extraordinary circumstances' crap yet - they just havent bothered to respond.

And I KNOW why it was cancelled as I asked at the airport - it was a staffing problem which means I know immediately before they say that they cant claim 'extraordinary circumstances'.

So I will keep pestering and let you know how I get on.

Mich

michty6

EJ finally got back to me. They are claiming Air Traffic issues were why the flight was cancelled and these constitute 'extraordinary circumstances'. Here is their direct reply:

'It is inevitable that there will be occasions when we are unable to operate our flights, as scheduled, due to circumstances beyond our control. I am sure you will appreciate that disruption caused by Air Traffic Control is beyond our control.

In such circumstances any entitlement passengers may have to compensatory payments are subject to the provisions laid out in our Terms and Conditions, in addition to those specified under European Union laws. Such an event constitutes an ‘extraordinary circumstance’ under the governing regulation, that is, the occurrence was outside the reasonable control of the airline. It is for this reason, I regret, I am unable to agree to your claim for compensation. '

I have two queries with this:
i. Does it? Is there any case law on this?
ii. I know they are lying through their teeth. I did some querying at the airport when the flight was cancelled and the reason I was given was 'staffing problems'. I researched further and found that the plane we were due to board never ended up even leaving London, so wasnt even in Edinburgh (that is, the London to Edin leg was also cancelled). This should be very easy to prove. How does this affect matters?

Thanks

Mich

richardw

Ask them to prove their defence as article 5.3 of ec261/2004.

michty6

So we have emailed back and forward and they are not budging on this 'Air Traffic Control' issue. Here is what I was thinking of sending to them as my final email - sound reasonable?

'I appreciate your efforts to attempt to bring this case within the recognised 'extraordinary circumstances' exception within the EU Regulation. However, I have evidence that this flight was not cancelled due to Air Traffic Control issues but in fact was cancelled due to staffing problems. I also know for a fact that the plane we were due to board never even left London (due to these staffing issues), so how it could have encountered Air Traffic Control issues when it wasnt even in Edinburgh is beyond me.

As I mentioned in my previous email, I have been more than reasonable in my efforts to resolve this and we dont seem to be making any progress with regards to this, so you leave me with no alternative but to raise this issue through the courts'

richardw

Do you think you have enough e mail responses that demonstrate unreasonableness by easyJet to avoid the court recommending arbitration/mediation?

michty6

Well if I were to argue this to the court my argument could involve the following:
- I sent Easyjet 2 letters (the first by recorded delivery). They haven't replied to either (now 2 months on). They also failed to respond the first time I contacted Customer Services.
- The first response I got was only when I contacted Easyjet customer services AND copied in some senior Easyjet personnel did they respond.
- I had to resend them the receipts, boarding cards etc that I had already sent by recorded delivery by email as they refused to acknowledge that they had received my letter


From their responses, they have claimed ‘Air Traffic Control’ issues 5 times by email.

- 3 times I emailed asking for them to prove this under section 5.3 and they answered each time, refusing to do so stating that them saying 'Air Traffic Control' was enough evidence.
- Twice I emailed saying that I knew from my queries at the airport that there were no ‘Air Traffic Control’ issues yet they continually stuck with this stance.
- Everytime I have been in touch I have emphasised that I would like too settle this out of court as it was more convenient for both of us this way. They refused and continually stood by their defence.
- I sent one final response saying that their replies were unsatisfactory and that I was not accepting their ‘Air Traffic Control’ excuse. I sent this to the CEO, CFO and Customer Services stating that if they were unable to give me a reasonable reply I would be forced to take this to quote. Again they responded quoting ‘Air Traffic Control’ and nothing else.

In summary I have emailed them 6 times, sent 2 letters and am about to send them one more final email. I think that this is enough to prove I have taken all reasonable measures to resolve this out of court and they are being unreasonable? Since I have no experience in such matters I wouldn't be sure so your advice and help on this is much appreciated

Mich