Flight delay and cancellation compensation, Easyjet ONLY

NoviceAngel

MYLITTLESISTERLOLA wrote: »

I was due to fly to Barcelona yesterday with hubby and 3 kids, we were just waiting to board when they announce the flight was cancelled due to French strike. easyjet have exchange flights for a few months time which is great, but I'm still out £500 accommodation costs............

I'm really sorry to say it, but you have zero chance of a claim under EC261/2004. Any form of industrial action is I'm afraid a genuine Extraordinary Circumstance under the regulations, and therefore you are entitled to nothing.

You're only option is travel insurance, make sure you get a better policy next time.

Sorry,

NoviceAngel

MYLITTLESISTERLOLA

Thanks for the reply - I definitely will be more careful with insurance policies in future. I checked excess at it said £140 I assumed that was per claim not per person

JPears

NoviceAngel wrote: »

I'm really sorry to say it, but you have zero chance of a claim under EC261/2004. Any form of industrial action is I'm afraid a genuine Extraordinary Circumstance under the regulations, and therefore you are entitled to nothing.

You're only option is travel insurance, make sure you get a better policy next time.

Sorry,

NoviceAngel

Not quite - if the industrial action is within the airline, thats not EC

Mark2spark

And also EU261 embraces the right to care entitlements, pretty sure that ryanair lost a case over RtC over the Ash Cloud debacle. So even if ATC produces an EC, which is apparent here, there's still a right to care.
On another thread the desk staff at the airport saying that you had to make your own way home is ridiculous.

NoviceAngel

JPears wrote: »

Not quite - if the industrial action is within the airline, thats not EC

So to be clear are you saying that if Jet2 staff were to strike, then J2 passengers can still claim for a cancelled flight because of the industrial action?

If that's the case then that's something new I've learnt today, presumably because the strike is within the control of the airline?

JPears

Yes, although im not sure if this has been tested in court yet. Staff management, or more loosely, HR as I believe it is called these days, and its problems are an inherent activity in running an airline.
With the way French workers strike, this could also be considered inherent......

zagfles

JPears wrote: »

Yes they have a duty of care, irrespective of the ATC strike being an EC ( I think) so submit your additional hotel costs/food to Easyjet for refund. Point out that at least you are only claiming one night whereas they would have been responsible for 4 nights costs if you had opted for the Sunday flight.

What about the extra travel costs (Eurostar), would the PP be able to claim for them?

I'm interested because we're due to fly back on Easyjet on 17th, in the middle of the next scheduled strike, and they say there is no way I can get a refund on the outward leg because that won't get cancelled, and the return leg is unlikely to get cancelled before we fly out.

So if the return is cancelled and they can't put us on a flight in a reasonable time (a couple of days), can I claim travel costs eg by train, or another airline, rather than hotel/food?

Mark2spark

zagfles wrote: »

So if the return is cancelled and they can't put us on a flight in a reasonable time (a couple of days), can I claim travel costs eg by train, or another airline, rather than hotel/food?

No. The ATC strike is beyond the airlines control, and is therefore EC.
So, if you *choose* to make your own way back, rather than wait for the airline to re-route you, then it's at your own cost.
Or you can wait and be put up for free in hotels etc whilst waiting for the new flight.

zagfles

Mark2spark wrote: »

No. The ATC strike is beyond the airlines control, and is therefore EC.
So, if you *choose* to make your own way back, rather than wait for the airline to re-route you, then it's at your own cost.
Or you can wait and be put up for free in hotels etc whilst waiting for the new flight.

What has EC got to do with it? AIUI EC just means that no compensation is payable, fair enough, but the airline's obligation to get you home is the same whether EC or not.

The rules say "earliest opportunity", 6 days time (as Easyjet apparently told some passengers last time) is not "earliest opportunity", when other forms of transport would get you home much sooner. Also it'd likely save them money instead of having to pay for hotels and meals for 6 nights.

Tyzap

zagfles wrote: »

What has EC got to do with it? AIUI EC just means that no compensation is payable, fair enough, but the airline's obligation to get you home is the same whether EC or not.

The rules say "earliest opportunity", 6 days time (as Easyjet apparently told some passengers last time) is not "earliest opportunity", when other forms of transport would get you home much sooner. Also it'd likely save them money instead of having to pay for hotels and meals for 6 nights.

Regardless of the rules, you also have to take into account the logistics of sorting out this type of problem. With passengers spread out all over Europe, because of the French strike, the airline have a mammoth task of trying to repatriate them. Especially if it involved making alternative transport arrangements using train, road and sea on a case by case basis.

If you opt to make your own arrangements your doing the airline a favour.

I don't usually have any sympathy with the airlines but in this case there are no winners, just as with the volcanic ash situation.