Flight delay and cancellation compensation, Easyjet ONLY

Justice13075

It's around 30%

Lizzieanne

JPears wrote: »

Did the refund include any additional cost for your replacement flights with BA?

No additional costs as such, but the £718 compensation more than covers the replacement flights. This was in addition to the refund of our initial Easyjet flight costs.

JPears

The compensation is for your wasted time and inconvenience, not to cover the additional cost of the BA flights. EJ should pay these costs too, but no refund.
They have got off lightly, assuming they have actually paid you.

mica2

JPears wrote: »

Of course they are.
Its not squirming, its deliberate misinformation, some would say lying, to prevent your valid claim.
Download Vauban's guide make a drink and snack and read through for your answers.

Thanks. Has anyone approached Watchdog about this? They can't be allowed to keep doing this to people.

frankt3323

easyJet EZY8746/9746 Zak-LGW
4th Aug 17 at 9:57 AM
#1
Hi everyone,

My family and I were affected by the cancelled #1, and cancelled/delayed #2 flights from Zakinthos to London Gatwick scheduled for 30th and 31st July respectively.

1) easyJet have agreed compensation is due for #1 (£226.04 per passenger which is less than €400eu or equivalent sterling)

Has anyone had experience of easyJet offering less than the standard compensation or tried to be creative with exchange rates?

2) easyJet have rejected a claim for compensation for the replacement flight #2 based on the fact that we did not fly. However, the EZY 'notice of rights' page' outlines that EU261 compensation is payable provided you turn up, check-in, arrive at boarding on time.
When we learned the replacement flight was cancelled/delayed overnight, after already waiting for 6 hours from arriving at departure, I chose to book the final seat on an alternative carrier to et home as my wife had taken all her available medication.

Has anyone else successfully challenged easyJets approach or have any experience with this type of situation?

Thanks

Frank

JPears

You cannot claim compensation twice for the same journey. You have only paid for one ticket/journey. Unless you actually claimed a refund for the cancelled first flight and booked/paid for the replacement flights?
Was the second flight actually cancelled or delayed?
What were the reasons for the cancellations/delays?
What is the distance of your flight by the great circle method? This, as well as the lngth of delay, to some extent, determines your compensation due.
I assume you got a refund as well for your unused tickets?

Tyzap

Hi Frank,

I don't think the principle of claiming twice is clearly answered by the regs and I also don't believe there is any existing case law to rely upon.

However, there may be a suggestion that it is possible from this extract from the 'Better Enforcement' publication which are Interpretative Guidelines on Regulation (EC) No 261/2004.

Any new right to compensation according to Article 7 will apply to the re-routed flight accepted under Article 8(1)(b) or (c) if it is also cancelled or delayed at arrival (see Section 4.4.11).

My suggestion would be to contact EJ and ask for a breakdown of the compensation amount that they have offered for flight #1, it's clearly not right.

I would then ask EJ for a deadlock letter so that you can ask CEDR to look into Fight #2 for you. Once they have accepted your case you will get an opportunity to give feedback on EJ's defence. Quote the above guidelines and see what the adjudicator comes up with.

Good luck.

JPears

I stand corrected. I haven't read that document in full.
Interesting!

Vauban

Tyzap wrote: »

Hi Frank,

I don't think the principle of claiming twice is clearly answered by the regs and I also don't believe there is any existing case law to rely upon.

However, there may be a suggestion that it is possible from this extract from the 'Better Enforcement' publication which are Interpretative Guidelines on Regulation (EC) No 261/2004.

Any new right to compensation according to Article 7 will apply to the re-routed flight accepted under Article 8(1)(b) or (c) if it is also cancelled or delayed at arrival (see Section 4.4.11).

My suggestion would be to contact EJ and ask for a breakdown of the compensation amount that they have offered for flight #1, it's clearly not right.

I would then ask EJ for a deadlock letter so that you can ask CEDR to look into Fight #2 for you. Once they have accepted your case you will get an opportunity to give feedback on EJ's defence. Quote the above guidelines and see what the adjudicator comes up with.

Good luck.

This is interesting. But I wonder how to square away the requirement that you have to have paid for the flight at a fare available to the public to qualify? (Assuming you pay for, and are then compensated for, an earlier flight that got cancelled?)

jpsartre

JPears wrote: »

You cannot claim compensation twice for the same journey. You have only paid for one ticket/journey.

This argument makes no sense no matter how many times it's repeated in here. If your flight is cancelled and you are rebooked onto another flight the latter is not a free flight in any sense of the word. You've paid for a flight, if it is cancelled you can either get your money back or (effectively) use the money for another flight. Your rebooked flight is not free, it is paid for by the money you paid for the original flight.