Flight delay and cancellation compensation, Easyjet ONLY

wendybrown

I agree in part with you, Legal Magpie. However, having read these posts, and considered the issues relating to me having purchased separate flight tickets for connections, I thought I was likely to have to take this through the courts (Simple Procedure in Scotland), although would have tried CEDR first.

I think most large companies will have a bunch of people who will say no and generally can't be bothered. Once I spoke to somebody helpful who was actually prepared to look in to what happened, it was sorted out very quickly and efficiently (if I actually get the money they promised!)

I think my message is just one that is slightly more hopeful on here - that you can, with perservence, get somewhere with Easyjet if you have a valid claim, sometimes. The thread is pretty doom and gloom but I suspect people who've claimed sucessfully are less likely to post. They do have some good eggs there, even if they're not all like that.

JPears

wendybrown, I applaud your glass half full attitude.
My experience with easyjet was the opposite with both a compensation claim and re-routing expenses, both receiving constant no.
It took small claims for one and protracted CEDR process for the other.

Getting payment also required additional hassle.
Even to end easyjet still denied liability and made life difficult.
Regulars on here have no doubt in their moind that the majority of airlines deny the majority of claims from the start, even when completely valid.
Its a numbers game to the airlines as they thumb their nose at established law.

fifeken

Other flights taking off and landing does not mean your's could. Bad weather can mean longer gaps between flights so delays and cancellations can still occur.

Icanandwillsavemoney

Hi All

I am hoping I can grab some advice before I file a small claims court claim.

We were due to fly from Gibralter to Gatwick in June 2018. We were delayed over 3 hours due to the hold door being damaged when they tried to close the door.

Easyjet handed out the delay flyers explaining how to make a claim, gave out the meal vouchers etc. We were sat in the airport all day from 9am and were taken to a hotel at 8pm in the evening. All good.

Once back in the UK, we followed the leaflet directions and requested compensation for flight delay but through Resolver as advised by another passenger. Easyjet confirmed that yes they would agree to the compensation and requested our bank details. Sent them over then .... nothing. Chased them and chased them.

Anyway, ended up going through CEDR who have upheld the food claim part only. They cited article 1(3) of the regulation referring to The Joint Declaration..... between Spain and the UK. We rejected their findings on the folowing basis:
'The CAA claims under EU law your flight must either be departing from an EU airport and operated by any airline or arriving at an EU airport and operated by an EU airline. Eu countries covered by the EU rules as per the CAA is the UK which was our destination airport. We were flying with an airline that is covered based upon its registration, and to a destination that is covered. On this basis we are rejecting your decision as flawed on the above grounds and will continue to pursue through the small claims court. Whilst at the airport, EasyJet actually issued every passenger with claims leaflets and they have in 2 separate emails agreed to pay the compensation in full. We believe they are trying to abuse a loophole to avoid responsibility to their customers'.

Can we please have some guidance as to where to begin with a small claims court as this is now a principle issue for us grrrr

Thank you in advance

Caz3121

did you ever fill in the claim form on the Easyjet website? - https://www.easyjet.com/en/claim/eu261

Icanandwillsavemoney

Caz3121 wrote: »

did you ever fill in the claim form on the Easyjet website? - https://www.easyjet.com/en/claim/eu261

Hi, no we just used Resolver to do everything and then CEDR.

jpsartre

That's the second time I've read of CEDR dismissing a claim for a delayed flight from Gibraltar. Could you post the CEDR's reasons for rejecting your compensation claim?

JPears

If it was a non EU airline flying from Gibraltar, then compensation wouldn't be due. But its not. EJ being an EU airline, it must pay compensation.
You may no have to go down the small claims court route. Or perhaps a letter of complaint both to kCEDR as they clearly have misunderstood the law and a letter of complaint to the CAA.

Justice13075

Isn't there something that says Gibraltar is not included for the purposes of compensation. Something to do with a 1987 agreement that it can only be implemented when the UK and Spanish governments agree.
Article 1

Subject

1. This Regulation establishes, under the conditions specified herein, minimum rights for passengers when:

(a) they are denied boarding against their will;

(b) their flight is cancelled;

(c) their flight is delayed.

2. Application of this Regulation to Gibraltar airport is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated.

3. Application of this Regulation to Gibraltar airport shall be suspended until the arrangements in the Joint Declaration made by the Foreign Ministers of the Kingdom of Spain and the United Kingdom on 2 December 1987 enter into operation. The Governments of Spain and the United Kingdom will inform the Council of such date of entry into operation.

jpsartre

Found this with a bit of Googling. The article's almost 5 years old so not sure if the info is still correct.



https://www.euclaim.co.uk/blog/the-sticky-problem-of-gibraltar-and-its-exclusion-from-eu-air-passenger-rights-legislation