UPDATED - Easyjet denies boarding to 4 limited mobility passengers

aerostar

UPDATED see post 15

SUNDAY 30th October Flight 2275 dep 12:35

Complete shambles.

Sunday lunchtime flight from Luton to Palma, all 4 + 1 persons wife, were there around 2 hours prior to the flight.

The flight was called for the normal passengers and we were waiting to be taken to the transport to the aircraft, however, we got to the tarmac, waited a bit for the ambulift to come, we got onto the platform that raises to the seats of the ambulift, went up, and then straight back down again, to be then told that they would not accept us as it was too late, (through no fault of ours), we were then taken back to the departure lounge.

After about 40 mins we were taken to the Easyjet ticket office.
The problems would appear to be mainly the company that does the special assistance in Luton, coupled with the Easyjet aircraft dispatcher and or pilot, however the decision was made by Easyjet to deny boarding.

Easyjet then offered flights from Gatwick, one leaving at 17:15, which we all accepted.

A rather noisy diesel mini bus then took us to Gatwick, there appeared to be no liasion with Gatwick to tell EJ or special assistance that we were coming.

The flight took off as scheduled from Gatwick, on arrival at Palma, the Palma Special Assistance claimed no knowledge so there was a delay in getting us off the aircraft. My car hire had been cancelled as I was a "no show", finally got that sorted, and got to my hotel 22:10 and after the dining room had shut, in all a complete halfday lost of my holiday!

If the passenger does not travel then the luggage does not travel, one of the 4 plus his wife had luggage, so in the time it took to find it and unload it would have been about the same time as us getting to the aircraft.

I have complained to Luton airport, and big boss at Easyjet, what is the betting that they all try to wriggle out of who is ultimately responsible.

I will update this thread as and when I get any replies from my e-mails.

richardw

aerostar wrote: »

I have complained to Luton airport, and big boss at Easyjet, what is the betting that they all try to wriggle out of who is ultimately responsible.

Yes, you'll get lots of apologetic drivel.

bagand96

Under regulation EC261/2004 Air Passenger rights, you are entitled to compensation for denied boarding. The regulation reads:

3. If boarding is denied to passengers against their will, the operating air carrier shall immediately compensate them in accordance with Article 7 and assist them in accordance with Articles 8 and 9.

Article 7 reads:

Article 7
Right to compensation
1. Where reference is made to this Article, passengers shall receive compensation amounting to:
(a) EUR 250 for all flights of 1500 kilometres or less;
(b) EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres;
(c) EUR 600 for all flights not falling under (a) or (b).
In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time.
2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked
(a) by two hours, in respect of all flights of 1500 kilometres or less; or
(b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or
(c) by four hours, in respect of all flights not falling under (a) or (b),
the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 %.

LTN-PMI is less than 1500km, so you are entitled to 250 EUR each. Write to easyjet, quoting the legislation and asking for your compensation. Settle for nothing less.

The full legislation can be found HERE

Caz3121

I would quote their own regs back to them http://www.easyjet.com/EN/Book/regulations.html
Looks like if you are denied boarding through no fault of your own you should be rerouted (which you were) but in addition should receive compensation in section 16.3
You will be entitled to the above. In addition, you may be entitled to compensation in the sum of €250 if your flight is 1500km or less and €400 if your flight is over 1500km (“Compensation”). Please note that if you are offered re-routing under options 1 or 2 above, this sum will be reduced by 50% where your arrival time does not exceed the scheduled arrival time of your booked flight by 2 hours (flights of less than 1500kms) and 3 hours (flights of more than 1500km).

richardw

Before claiming Art 7 compensation perhaps read http://www.easyjet.com/EN/Book/regulations.html#specialneeds thoroughly to double check things.

aerostar

Thanks to all for your information, most helpful, I have downloaded the EU docs, also in my case and I think the others affected, had requested the "special needs" when the flights were booked.

Information as to how it works.

When you arrive you go to the special assistance desk, and get booked in, you are then wheelchaired upstairs, through normal security checks and to the special assistance desk and waiting area in the departure lounge where you are booked in again.

After that you wait to be collected and taken to the flight.

Kira000

One angle that hasnt come up yet, which make affect your case. Under EU regs that came in in 2008, it is in fact the AIRPORT who is responsible for providing the special assistance services to any passengers who require assistance. I don't know the timings in your case, but if the assistance service failed to deliver you to the aircraft in time for departure, then it may in fact be the airport who is liable, and not a case of denied boarding by the airline.

I am not for one instant saying that it was your fault for arriving at the flight late, but if that late arrival at aircraft WAS what was as the root of the refusal to board you, then the airline is not required to wait for late passengers. Just wondering, did the request for assistance get made in advance of travel, or at the airport?

I am aware of cases at other similar airports, where the assistance service has failed to deliver passengers on time, and the airport has had to take responsibilty. It can drag on a bit- whether the airline would agree to pay and reclaim from the airport, or require the airport to pay upfront becomes the issue.

aerostar

Kira000 wrote: »

Just wondering, did the request for assistance get made in advance of travel, or at the airport?

See post 6 1st paragraph.


From Luton website.
Boarding and Disembarkation procedures

Disabled customers must advise the airline of any disability assistance they may require, either through the airport or to board and disembark the aircraft. Once at the airport they should confirm their requirements with the check in agent. If customers requiring assistance and travelling out of London Luton Airport have made a website booking and do not need to check in they must attend the Special Assistance desk in the main concourse on their arrival at the airport.
In the departure lounge there is a Special Assistance Waiting Area. At check-in, staff will advise disabled customers of their pre-boarding time. Customers should ensure they are at the desk by the pre-boarding time so that they can be assisted to their aircraft, if required. Disabled customers facing difficulties using the stairs are requested to advise the staff at the check-in desk, so that alternative arrangements can be made.
Disabled customers flying into London Luton Airport can be assisted from the aircraft, if required. Assistance is also available to collect baggage and to exit through the UK Border Agency Channels and on to the car park or public transport. Assistance is also provided for passengers with walking difficulties or unable to manage stairs. This assistance must be booked with the airline in advance.

As stated previously Easyjet has Special needs request page available when making the booking.

budgetflyer

The headline wrongly (imo) implies this was a malicious and discriminatory "denied boarding" of passengers of limited mobility when in fact it was just a complete shambles and mistake. Sure, someone needs a boot up the rear end but its not like they stuck 2 fingers up to a disabled person deliberately.

lfc321

budgetflyer wrote: »

The headline wrongly (imo) implies this was a malicious and discriminatory "denied boarding" of passengers of limited mobility when in fact it was just a complete shambles and mistake. Sure, someone needs a boot up the rear end but its not like they stuck 2 fingers up to a disabled person deliberately.

I think this is a red herring and a misunderstanding of what 'discrimination' means in this context. The DDA puts a duty on service providers to make reasonable adjustments - if they fail to fulfil that duty they are in breach of the DDA. Whether they failed maliciously or not is irrelevant.

In any case, "denied boarding" is the term used in the EU regulations etc, and is exactly what happened here.

Kira000

aerostar wrote: »

See post 6 1st paragraph.

My apologies, for some reason i read but didnt absorb that line.

The fact that you booked in advance will help you, as the EU Regs say passengers who book assistance in advance are to be given priority over those who just turn up and request on the day.

Regardless of what Easy/Luton say, you CAN just turn up on the day, but it is then up to best endeavours of the assistance service to get you where you need to be on time.

Because you booked, if the service was properly resourced, you should have been delivered to the aircraft in time- any pax not booked should not have been assisted ahead of you causing you to miss your flight. Either way therefore, the assistance service/luton appears to be at fault (either under staffed, or not following the regs).

As i said before, if arriving at the plane too late to board was the cause of your failure to be allowed on, then your case is NOT denied boarding by Easyjet, as failure of a passenger to arrive at the aircraft to board on time is outside the fault/ of the airline. Unfortunately it appears in your case, that it was not your fault either, as the assistance service failed to provide the required service. This means that EasyJet are likely to either point you at Luton directly, or pursue Luton themselves to cover the costs.

It may be as well to write directly to Luton Airport yourself, with a timeline and details rather than waiting for Easy to do it for you..