Flight delay and cancellation compensation, Easyjet ONLY

JPears

Have you put your flight details into an online checker, as Botts, to see if you have a valid claim?

mica2

JPears wrote: »

Have you put your flight details into an online checker, as Botts, to see if you have a valid claim?

Thanks, I didn't know about that. Just did it and it said we have a claim but it just seemed to be based on the fact that the flight was delayed. Should I just see what happens with the CEDR first and then pursue the no-win-no-fee route if that fails?

JPears

Botts have usually done the research to establich if there is a valid claim, so its a good indicator, but not guaranteed.
Continue with CEDR.
You can DIY, you don't need to use NWNF, if you have the time and gumption.

jpsartre

If Bott and Co say there's no claim I would take that as a good indicator that there isn't but when they say there's a claim it doesn't mean much IME. I've checked for flights that I know were (directly) delayed due to weather and Bott and Co still said I was due €250.

robotochan

I was flying from London Luton to Berlin and was "bumped" due to the plane having changed and our seats no longer existing. We had to wait a further 4 hours before flying.

Me, and 3 others were told by Menzies (first at the gate, then again by a different member of staff at the desk) who then rearranged our travel that we were due a "guaranteed €500 compensation per passenger".

Easyjet have made the €250 offer without question, however I'm very annoyed that I was very specifically guaranteed one thing and now received something different.

Do you think i have any chance of appealing this?

JPears

Unless you have it in writing or the name of the staff memeber who made such an offer then probably no.
Euro250 is the correct amount for denied boarding for your journey.
HOWEVER, did they seek volunteers or where you just told you wouldn't be getting on the flight?
If the latter then they have broken the regualtions as they must ask for volunteers first, this is your opportunity to negotiate the higher amount, knowing that you are already owed Euro250.

Kiwigavin_Two

Folks,
Bit of an odd one that I don't seem to see anyone else has had:

Back in February my easyJet flight BFS-LGW was delayed over 4 hours. This meant there was actually no point in my travelling so I removed myself from the flight. Easyjet now say that, since I didn't't fly, I didn't arrive late and am so not entitled to EC261 compensation. Has anyone else encountered this? I've been through all the regulations and everything refers to delayed /cancelled arrival, there's nothing about so delayed it's not worth taking the flight.
Many thanks,

KG

JPears

Kiwigavin_Two wrote: »

Folks,
Bit of an odd one that I don't seem to see anyone else has had:

Back in February my easyJet flight BFS-LGW was delayed over 4 hours. This meant there was actually no point in my travelling so I removed myself from the flight. Easyjet now say that, since I didn't't fly, I didn't arrive late and am so not entitled to EC261 compensation. Has anyone else encountered this? I've been through all the regulations and everything refers to delayed /cancelled arrival, there's nothing about so delayed it's not worth taking the flight.
Many thanks,

KG

The regualtion:
Delay
1. When an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure:
(a) for two hours or more in the case of flights of 1500 kilometres or less; or
(b) for three hours or more in the case of all intra-Community flights of more than 1500 kilometres and of all other flights between 1500 and 3500 kilometres; or
(c) for four hours or more in the case of all flights not falling under (a) or (b),
passengers shall be offered by the operating air carrier:
(i) the assistance specified in Article 9(1)(a) and 9(2); and
(ii) when the reasonably expected time of departure is at least the day after the time of departure previously announced, the assistance specified in Article 9(1)(b) and 9(1)(c); and
(iii) when the delay is at least five hours, the assistance specified in Article 8(1)(a).
2. In any event, the assistance shall be offered within the time limits set out above with respect to each distance bracket.


Article 8
Right to reimbursement or re-routing
1. Where reference is made to this Article, passengers shall be offered the choice between:
(a) - reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant,
- a return flight to the first point of departure, at the earliest opportunity;
(b) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; or
(c) re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats.
A delay of 4 hours
I do not believe that the Sturgeon Judgement (which clarified that delays are equal to cancellations for compensation purposes)defined compensation in your case.
However, with your particular flight there is no real chance they could have made up time to get under 3 hours. Since you actually checked in AND were seriousley inconvenienced I beleieve that in one way of another reg 261/2004 may still apply here.
I would suggest this case be put through the ADR that EJ has signed up to (CEDR?) BUT perhaps with a good case put together by my learned and expereinced friends here?

tillster

My mother was travelling to visit me in September, and her Easyjet was cancelled.

She proceeded to the information desk to get more information: being old and doddery (and hopefully not reading this thread) she arrived last. After one hour in line for the info desk, the queue had reduced by perhaps 20%, so a long night lay ahead.

I had already looked at the options for her on the easyjet site, and checking again when she informed me of the queue, I went ahead and cancelled the flight as it became clear that no alternative was available.

The only options on the Easyjet site concerned the rescheduling of the flight itself - there were no options concerning hotel accommodation, vouchers etc.......and yes, knowing enough about Easyjet's rep, I took screensots.

Having submitted the compensation claim I have received the following (very swift) reply.

Hotels & Accommodation (claim with receipt of 75 GBP): Rejected: As hotel portal was active
Meals & Refreshments (claim with receipt of 15 GBP) : Rejected: As meals were offered in hotel
Alternative Transport To Your Destination (claim of taxi to hotel with receipt, 11 GBP) : Rejected: As its a post flight arrangement

Given that

a) there was no hotel portal active post-cancellation, and
b) this requirement for my mother to have stood in queue for at a minimum 3 hours in order to receive statutory 'due care,'

this seems entirely unreasonable. However, can anyone wiser that me ascertain whether this is in breach of 261/2004 and / or how I should best proceed from here, given the specifics of the claim?

Thank you ever so much in advance for any suggestions

Tyzap

Hi tillster,

I would contact EJ once more and ask them to refer your mums case to CEDR.

That will give them one last opportunity to re examine her claim or pass it on for adjudication at CEDR.

I'm pretty confident that CEDR will find in her favour once you have presented them with your evidence.

Good luck and please let us know how she gets on.