Flight delay and cancellation compensation, Easyjet ONLY

Tyzap

yelyahm91,

I have sent you some info via PM.

Del123001

JPears wrote: »

Del - agree with you entirely. When you make a booking with an airline for 2 people, it is invariably because those 2 people (or more) want and indeed, need to travel together.
Why had they chosen you to be on stand by? Were you actually booked previously, or purchased the tickets on a "standby basis"?

Thank for your reply JPears.

We were put on standby by Easyjet. When I was trying to check in online the night before the flight it wasn't working, and said that we needed to go to the check in desk at the airport. When we got there they explained that they had oversold the flight by 2 seats and claimed that we were the last to check in and therefore we were placed on standby.

Caz3121

Del123001 wrote: »

We were put on standby by Easyjet. When I was trying to check in online the night before the flight it wasn't working, and said that we needed to go to the check in desk at the airport. When we got there they explained that they had oversold the flight by 2 seats and claimed that we were the last to check in and therefore we were placed on standby.

You were very possibly last to check in...checkin for Easyjet flights open 30 days before the flight (unlike some airlines which is 24 hours) so it is likely if you waited till the night before there would have been no seats left to allocate hence being unable to complete

JPears

Either way, its a case of denied boarding (they have admitted overbooked by 2?) so compensation due for 2 people.
You will probably have to escalte to NBA then file court papers to make them see sense.
In fact I would be also claiming additional expenses as EJ knew the day before that you didn't have seats, yet still instructed you to go to the airport!

Vauban

JPears wrote: »

Either way, its a case of denied boarding (they have admitted overbooked by 2?) so compensation due for 2 people.
You will probably have to escalte to NBA then file court papers to make them see sense.
In fact I would be also claiming additional expenses as EJ knew the day before that you didn't have seats, yet still instructed you to go to the airport!

I'm not so sure.

Whilst it seems right that Easyjet originally said that both passengers might not be able to fly, in the event only one of these was denied boarding (unless I've misunderstood).

The issue is that one of the passengers (not unreasonably) didn't want to fly without their companion. But the airline's argument is that this was out of choice, not because they didn't have a seat.

It seems pretty cruddy to me that an airline would seek to withhold compensation in these circumstances, but I'm not as confident as you JP that a court would rule for the OP.

Tyzap

Vauban wrote: »

I'm not so sure.

Whilst it seems right that Easyjet originally said that both passengers might not be able to fly, in the event only one of these was denied boarding (unless I've misunderstood).

The issue is that one of the passengers (not unreasonably) didn't want to fly without their companion. But the airline's argument is that this was out of choice, not because they didn't have a seat.

It seems pretty cruddy to me that an airline would seek to withhold compensation in these circumstances, but I'm not as confident as you JP that a court would rule for the OP.

I tend to agree with Vauban.

EJ and CEDR would probably have to follow the 'letter of the regs' but I do feel that a judge, who has a little more discretion, may be more sympathetic.

Tyzap

Our flight from Malaga to Manchester, EZY1934 on Fri 21/4/17, was delayed by 2hr 15min.

The pilot later reported that the reason for the delay was that the original pilot had reported sick that morning, and that he had then been called out to replace him.

No duty of care was offered by EJ at Malaga airport so we bought our own snack and kept the receipt.

I submitted our request for the repayment of our expenses via the EJ website, although the info here was contradictory. EJ themselves firstly say you can only claim expenses after a delay of 3 hours, further into the small print they reveal a quote from the 261 regs which affirms that a duty of care starts after 2 hours.

EJ refused our claim saying it was below 2 hours! It wasn't and they know it.

Our claim is for less that 20 euros but they are still prepared to give out 'alternative facts' in an effort to wriggle off the hook.

They will probably get away with this dishonesty with the other 178 passengers on the same flight too.

I have sent them a very strongly worded reply, so lets see where this goes next.

NoviceAngel

Tyzap wrote: »

I tend to agree with Vauban.

EJ and CEDR would probably have to follow the 'letter of the regs' but I do feel that a judge, who has a little more discretion, may be more sympathetic.

For what it's worth, I would agree with Vauban.

In a recent case of mine(not flight delay related) I lost a case on the judge interpreting the letter of the law with absolutely no discretion for common sense.

I can't form a legal argument about this, all the regulars are more adept, but I would say relying on a common sense of fairness and justice from a DJ is somewhat a rarity.

I'm less optimistic than most these days....

JPears

So, if for example, you were flying to catch a cruise and only one could go on the cruise because the second passeneger arrived a day late simply due to an airlines moneygrabbing policy. Is that acceptable?
Or your onward journey required both drivers or passengers?
Never mind the fact that 261/2004 came into being precisely to prevent this sort of thing happening? Yet the airlines continue to ignore it 12 years on.
I think there is a strong legal case using the preamble to state the intended purpose of the regulations.

111KAB

Or JP - both booked in however only one (ie one denied boarding) has booked 20kg luggage. Definitely not allowed to pass over cases so one person arrives at destination with no clothes! Good headline for the Sun.... "EasyJet force passenger to go naked on holiday".