Flight delay and cancellation compensation, Easyjet ONLY

SamP92

Note: i was travelling in a group for a flight that was booked through the company I work for so I didn’t pay for the flight, but did experience the delay so want to know where I stand in this instance

In September this year I was due to fly with EasyJet from Alicante to Manchester at 11:40am. All passengers were sat on the flight and the plane reversed out of the stand preparing for take off. At this point the pilot informed us that due to an engine fire the plane would return to the stand.

The flight board stated we would be leaving at 18:00pm that evening, however
It wasn’t until 20:00pm later that evening we were informed our bags would be taken off and the flight was cancelled until further notice.

At 10:00pm work booked us another flight through easy jet for the next morning. At 10:30pm easy jet text me informing me another flight had been rearranged for the next morning.

The next morning we cancelled the flight that easyJet had arranged for us and took the flight that work had booked for us.

Through the easyJet online appeal system most of my colleagues have received compensation with some getting a reply of a successful appeal from easyJet within minutes. My case was not the same and when I rung easyJet to ask about my appeal they have said because I didn’t take the rearranged flight the next day, I am not entitled to compensation. I have not received an email confirming this and still don’t know where I stand.

Any help would be greatly appreciated!

JPears

That is incorrect. If you were told the flight was cancelled, it was cancelled.

If you are delayed more than 5 hours, you have the choice to cancel, get a refund and make alternative arrangements.

The airline should do this for you. Clearly they didn't until after you had made your own arrangements.
Easyjet are a bunch of numpties when it comes to regualtion 261/2004. Like most airlines they will fob you off with any excuse with hope you will accept their misinformation and go away.
Did you receive the refusal via email, with case ID etc? If so, send you response pointing out their error applying the EC regulation. Mark it as an NBA/LBA and give them 14-21 days to pay up.
Unless your contract of employment states otherwise, you, the passenger are entitled to the compensation.

Owen2003

My evening flight from Newcastle to Bristol was cancelled at the last minute and rescheduled to the following afternoon. This was of no use to me as I was due to attend a family funeral in the morning. I rang the following morning explaining that I wouldn't be on the flight and needed a refund and was told I could only be refunded the taxes as it was cancelled because of the weather and so was therefore beyond their control. I had a feeling I was being lied to but requested the refund nonetheless and submitted a compensation claim.

Several days later none of the money had been refunded to my credit card (and still hasn't!) but I did get an email saying I was eligible to £220 compensation as it was their fault the flight was delayed (and not for the weather!) I waited the quoted 14 days for the money to go in and it didn't so rang in to enquire.

After waiting about 45 mins for someone to finally answer I was told the email had been sent in error and i wasn't due any compensation as I elected for a refund and didn't take the rescheduled flight!? They still insist they refunded me approx half my original fee (my statement says otherwise) and insist I am not due compensation.

Has anyone else experienced this and is it worth taking to CEDR?
Would I be wasting my time and would it just cost me more money (£25 if unsuccessful)
Thanks

JPears

Once again, easyJet are being totally untruthful.
You are due a FULL refund as the flight was delayed well beyond 5 hours and due compensation as you flight was cancelled/delayed more than 3 hours.
Download Vauban's most excellent guide, reply to the email address demanding all that's due -refund and compensation paid with in 14-21 days depending on how generous you feel. Mark your reply as an NBA/LBA.


Personally from my experience, I wouldn't bother with CEDR. It's a ridiculously slow drawn out process. I'm still waiting 3 months after my initial claim.
You appear to have a sound case so take the direct route via NBA then small claims.

jpsartre

JPears wrote: »

You are due a FULL refund as the flight was delayed well beyond 5 hours and due compensation as you flight was cancelled/delayed more than 3 hours.

It's at least a grey area whether you can have both given how the Sturgeon ruling is worded.



"the Court finds that passengers whose flights are delayed may rely on the right to compensation laid down in Article 7 of Regulation No 261/2004 where they suffer, on account of such flights, a loss of time equal to or in excess of three hours, that is to say when they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier."


This suggests you cannot obtain delay compensation unless you actually travel and arrive late.

JPears

What we need to find out is, if the OPs flight was rescheduled or he/she was just put on the next available flight? As EJ run 1-3 flights a day on that route its possible. In which case the OPs flight was cancelled, not delayed...
Owen, can your put up your flight details - dates, times flight number etc? Thanks

jpsartre

Yes, if the flight was cancelled, he should be entitled to both a refund and compensation.

Owen2003

Thank you all for your replies - JPSartre has raised a good point and I think is the very technicality that EJ are using to avoid paying me any compensation (the fact that I elected for a refund and chose not to travel) They never told me I then couldn't make a compensation claim if I elected for a refund, they only said they'd pay me half of what I'd paid and they never paid me it either!? It all seems a bit of a nonsense anyway - by delaying the flight as long as they did there was no point in travelling (I'd missed the very event I was travelling down for!) I was in fact inconvenienced more than the delay - I missed a funeral of a family member on the back of it!!

For info the flight was EZY569 flying on the 15th Oct at 2120hrs. They put a replacement flight on the following afternoon: EZY9569 16th Oct at 1455hrs (which was their next available flight)

Where can I find Vauban's guide please?

jpsartre

Owen2003 wrote: »

For info the flight was EZY569 flying on the 15th Oct at 2120hrs. They put a replacement flight on the following afternoon: EZY9569 16th Oct at 1455hrs (which was their next available flight)

Those are two different flights so your flight was cancelled. In this case it's entirely irrelevant that you didn't fly for purposes of compensation. The only thing that matters is whether or not the cancellation was caused by extraordinary or non-extraordinary circumstances.

Owen2003

jpsartre wrote: »

Those are two different flights so your flight was cancelled. In this case it's entirely irrelevant that you didn't fly for purposes of compensation. The only thing that matters is whether or not the cancellation was caused by extraordinary or non-extraordinary circumstances.

The reply I got from my original claim acknowledged that it was a non extraordinary circumstance. What is my best way forward from here then?