Flight delay and cancellation compensation, Easyjet ONLY

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  • carpy_uk
    carpy_uk Posts: 21 Forumite
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    Quote:
    Originally Posted by carpy_uk View Post
    Just a quick query. The family and I were due to fly back from
    Charles De Gaul airport in Paris on Friday to bristol. However Bristol airport had been closed for most of the day as a plane came off the runway. However Bristol reopened at 18:00 and our flight was at 21:20 (20:20 GMT). Easyjet still cancelled it (and cancelled it bang on 19:20 when check in was due to open). They put us up in a Hotel and we flew the next day at 13:30.

    Now I’ve completed their claim form but I’m assuming they will say the cancellation was not their fault as it was down to safety. But I’d argue that the earlier flights they cancelled were down to safety as the Bristol runway was still closed but our flight was hours after it reopened and it was safe for us to fly.

    Do I stand any chance of compensation?

    Thanks
    Hi,

    Yes, you have a good chance, see what they come back to you with, they might surprise us all for once!

    Good luck.


    I still haven’t heard back from easyjet, but today had a reply from aca stating that, although they do cover for delays and cancellation, I can’t claim off them as it’s was an ‘operational issue’:


    We have considered the supporting details you have provided in accordance with the Policy Terms and Conditions, and would like to draw your attention to Page 30, which states the following:

    "What is covered
    If the public transport on which you are booked to travel:
    1. is delayed at the final departure point from or to the United Kingdom and in addition for residents of Northern Ireland any departure point in the Republic of Ireland (but not including delays to any subsequent outbound or return connecting public transport) for at least 12 hours from the scheduled time of departure, or
    2. is cancelled before or after the scheduled time of departure as a result of any of the following events:
    a) strike or industrial action or
    b) adverse weather conditions or
    c) mechanical breakdown of or a technical fault occurring in the public transport on which you are booked to travel
    we will pay you:
    1. £35 for the first completed 12 hours delay and £20 for each full 12 hours delay after that, up to a maximum of £350(which is meant to help you pay for telephone calls made and meals and refreshments purchased during the delay)provided you eventually travel"

    From the information you have provided, it appears the delay you experienced falls outside of the Policy Terms and Conditions as this is considered as an operational issue. In view of this, we are not in a position to recommend settlement of the fixed benefit. We are also unable to consider your claim for additional expenses, as your Policy provides no cover for this.


    How is being delayed for 13 hours because a plane came off the runway not covered by no 1?
  • cmjfletcher
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    Looking for a bit of advice following up from a post I made a few months ago. To keep things short... My flight, last September, was delayed and easyJet refused to pay out on our initial compensation claim. We filed a case with CEDR who found in our favour and instructed easyJet to pay compensation of £450. This was on 20 December and I'm still yet to receive payment.

    I've contacted CEDR a few times to follow up when I can expect payment and they have posted messages on their portal instructing easyJet to make payment, which have not been answered by easyJet.

    I've also emailed easyJet customer service attaching the Adjudicator's finding and, despite me attaching the document which states easyJet agree to pay compensation, easyJet have given a template response saying they do not believe compensation is due. Completely ignoring the adjudicator's findings.

    Today I called easyJet's customer service and they denied any knowledge of the CEDR finding, stating again that my flight isn't eligible for compensation. I explained CEDR found in our favour and they said to email customer services, again. I'm not hopeful of getting a useful response form them.

    Any ideas how I can actually make easyJet pay up?
  • JPears
    JPears Posts: 5,087 Forumite
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    Simple. Send an NBA, give them 2 weeks to pay. Then submit your legal papers to the small claims court. With interest added.
    Another case of the complete pointlessness of ADRs. You also need to make a complaint to CAA.
    If you're new. read The FAQ and Vauban's Guide

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  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    edited 1 February 2018 at 8:52AM
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    Hi cmjfletcher,

    When EJ refuse to abide by an adjudicators decision, CEDR don't have the power to take EJ to court on your behalf. However, I'm sure that, falling short of that, there is a lot more they could do. There is virtually not information on their website about this tho! All it says under their rules is...

    5.3 If the adjudicator finds that the passenger!!!8217;s claim succeeds in full or in part, he or she can direct the airline to:
    5.3.5 Make a payment to the passenger, the total value of which shall not exceed £10,000.00 (including VAT).

    If EJ are not prepared to abide by the agreement they have with CEDR then perhaps it's time for them to part company, as the process obviously does not work for the passenger.

    You need to continue to press CEDR hard, right up to the point they either pressurise EJ to pay up, or inform you that they cannot do anything further for you and they relinquish any further responsibility.

    At which point I would make an official complaint to the UK's National Enforcement Body about the failure of the ADR system, then sue EJ yourself.

    Furthermore, CEDR should clarify their rules and inform users to state, in a clear and precise way, what will happen when the airline ignores the adjudicators decision and what CEDR CAN and WILL do about it. There should be an agreed timescale for the airline to make payment, for example. The lack of clarity on their website is simply not good enough.

    So far I have been prepared to give the ADR providers the 'benefit of the doubt' as to how this system would work in the real world, but I'm beginning to have doubts when situations like yours arise.

    Good luck and please let us know how you get on.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • tillster
    tillster Posts: 54 Forumite
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    A quick FWIW follow up to my previous post a few months back.


    Easyjet systematically avoid accepted the premise of the question / complaint, depsite me repeatedly asking them to refer the case to CEDR.

    I contacted CEDR, who advised that in the event of Easyjet failing to do so, I could open a case through CEDR 8 weeks after the 'issue'.

    I informed Easyjet that on XX January 2018 I would be instructing CEDR to open the case, after which there was no correspondence.

    2 days before the deadline, however, the full claim was paid out to my account, though without any email correspondence informing of the decision.

    So - many thanks for the help and advice from these forums. :T
    tillster wrote: »
    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
    Wise beneath my years
  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    Well done tillster and thanks for the update.

    It's a shame that EJ didn't have the good grace to accept responsibility earlier or bother to inform you of their decision but, as you probably now know, thats the standard to which they operate.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • pantera17
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    Currently claiming for a delay I had over the summer. The arrival time was 17:45 and we landed at around 21:00 (touched the tarmac). Easyjet has replied saying the delay was less than 3 hrs and that my claim can't proceed. Has anyone faced similar issues, where do people checked for the absolute truth on the actual arrival time.

    The flight was on 27/06/2017
    from Palma, Mallorca to LGW , flight EZY8626
  • JPears
    JPears Posts: 5,087 Forumite
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    You might flight times on flightaware. There are similar websites. Try typing your flight number and date into Google.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    pantera17 wrote: »
    Currently claiming for a delay I had over the summer. The arrival time was 17:45 and we landed at around 21:00 (touched the tarmac). Easyjet has replied saying the delay was less than 3 hrs and that my claim can't proceed. Has anyone faced similar issues, where do people checked for the absolute truth on the actual arrival time.

    The flight was on 27/06/2017
    from Palma, Mallorca to LGW , flight EZY8626

    Hi,

    I'm not sure you have got your timings correct, it looks like your flight landed at 20.19 and then took a few minutes to taxi etc or you may have the wrong flight number. There were many arrivals from Palma that evening.

    Use a free online flight delay calculator to confirm.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • VHL1981
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    Due to fly to Iceland this week- but whilst in rejkajavic airspace- we were told we couldn’t land and we were being returned to Bristol. Easyjet then cancelled flights. Refund given.
    However, our travel insurance are saying that our accomdation is not covered??
    What do people take our travel insurance for of the likes of this isn’t covered??
    Anyone experienced similar ?
    Thank you
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