Flight delay and cancellation compensation, Easyjet ONLY

Caz3121

strangely flightstats confirms the 38 minutes. EUClaim NWNF states no claim....Bott&co NWNF states €400 claim...strange

silverdisk

silverdisk wrote: »

Easyjet flight EZY6703 1/6/2015 was delayed due to crew change from 16.15 to 23.00 from Belfast to Alicante. We have emailed them and they replied exceptional circumstances- wind. They had at least 3 other flights leave on time from the same gates, we saw them leave. We saw the replacement crew arrive from London, early, from an easyjet plane at the same gate, we heard the pilot tell us she was sorry about the delay in getting there. I tweeted them and they say the same- wind.Why do they deny what is the truth? We have a screen shot of their web page telling the world it was a crew change! My instinct is to jump in to legal proceedings I am so angry with them, the first three days of my holiday were ruined recovering from arriving at 02.30 at ALC and 05.30 into hotel. What to do next after I calm down? Is there anywhere I can find other passengers on the same flight- a noticeboard type place?

I have sent a letter before action on 1st September by recorded delivery giving them 2 weeks to respond-that was 3 weeks ago-is this enough time to wait before instigating legal proceedings and where would you do that, here in Northern Ireland or in the English courts? There are some differences I believe. Any help welcome from this venerable and learned forum.

ajhemingway

Firstly - my apologies if this question has already been answered. I've gone to some lengths to make sure it hasn't. I've just received an email from Easyjet in settlement for the cancellation of EZY2370 (between Lisbon and Luton) on 1st August 2015. I had claimed the following:

Dinner: €34.60
Hotel room: £129.00
Breakfast: €15.15
Alternative flights to get home: €444.90
Compensation for passenger 1: €400.00
Compensation for passenger 1: €400.00

Their response has confused me somewhat, and I would be grateful if somebody could advise me if it is correct. Their email (quoted verbatim):

I have taken away the refund from us for your cancelled flight as we only need to refund the difference. Your cancelled flight refund was a total of 180.98GBP(converted to EUR245.36) leaving you with a refund of 199.54EUR . Also under EC Regulation 261/2004 when we are refunding compensation for a flight we have to take the alternative transport away from the EU compensation 800-199.54=600.46EUR.

Is this correct? I can accept that point 1 would be fair (deducting their refund from the cost of my new flight), but is it true that they are entitled to make a deduction from the compensation awarded under EC 261/2004?

My question - are both these deductions correct / fair?

Their settlement, for comparison to what I claimed:

600.46EUR of compensation under EC 261/2004
199.54EUR for alternative transport
129.37GBP for hotel
41.75EUR for meals

If it makes any difference, the first flight Easyjet could offer us to get home was 48 hours after our original flight, hence why I went ahead and booked an earlier flight to get us home (deliberately trying to find the cheapest one I could).

Many thanks for your assistance.

Caz3121

I would expect the payment to be
Compensation for passenger 1: €400.00
Compensation for passenger 2: €400.00
129.37GBP for hotel
41.75EUR for meals
Refund of the Easyjet flights €245,36(?)

If you have already received a refund on the Easyjet flights then the total looks correct but I don't agree with the way they have presented it...they should not be taking deductions off the compensation figure

If you want to receive the alternate flight reimbursement instead of the Easyjet refund (you cannot have both) then you would likely need to go via your insurance or try court however the regulations do not stipulate that an airline should transfer you onto another airline to get you home

ajhemingway

Caz3121 wrote: »

I would expect the payment to be
Compensation for passenger 1: €400.00
Compensation for passenger 2: €400.00
129.37GBP for hotel
41.75EUR for meals
Refund of the Easyjet flights €245,36(?)

If you have already received a refund on the Easyjet flights then the total looks correct but I don't agree with the way they have presented it...they should not be taking deductions off the compensation figure

If you want to receive the alternate flight reimbursement instead of the Easyjet refund (you cannot have both) then you would likely need to go via your insurance or try court however the regulations do not stipulate that an airline should transfer you onto another airline to get you home

Thanks for this. I did wonder whether the main problem was the way they presented the figures. In conclusion, I assume this means that Easyjet do not have to pay for me to get home via alternative means? So they've simply knocked off the €444.90 those flights cost (but just done this in a slightly odd way).

For completeness, I should add that the only flight I could get home was to Gatwick. Easyjet rejected my claims for a taxi to get back to Luton to retrieve my car, and also the extra day of parking charges I incurred for the delay. I have accepted that this is correct unless somebody wishes to correct me!

Caz3121

I believe that is correct. Once you decided to take the refund and book elsewhere, there duty of care to get you back to your original airport stops. Had they transferred you onto a flight to Gatwick you would have been able to claim the expense back to Luton

skea56

Folks just wondering where I go from here, or is all lost.

Summary:
Parents were on flight from Manchester to Belfast Mon 1st April 2013, due to depart at 7.30 and arrive at 8.30pm
Plane delayed for unknown reason, eventually departed at 10.40 bringing them into Belfast around 11.40.
I have checked the flightstats website and although it states the departure time, the arrival time says N/A.
Have emailed Easyjet with the details who have this morning come back to me to say it was delayed by only 2 hours 50 mins and so therefore no compensation applicable.
Very annoying as we have no evidence to the contrary, but I was the one who lifted them and I know I sat waiting on them until after 12am by the time they got baggage etc.

Can anyone advise if we have any comeback at all here, or let Easyjet have the last word.

thanks

sk56

111KAB

skea - think it too close to call - use one of the NWNF free services to find out what they think - if they believe there is a case then perhaps use a NWNF (and lose a bit) as otherwise you may be in for a 'battle'.

Caz3121

111KAB wrote: »

skea - think it too close to call - use one of the NWNF free services to find out what they think - if they believe there is a case then perhaps use a NWNF (and lose a bit) as otherwise you may be in for a 'battle'.

that was my thought too but strangely enough they seem to have a differing opinion. EUClaim states "Unfortunately, our data shows that no compensation-related issues occurred with this flight."
whereas Bott&co state claim for €250!

Justice13075

Easy hand it over to Bott & co sit back and wait for your money.