When the EU Reg does not apply

wka

I missed my previous flight and paid a fare not available to the public to board the next one, which was then cancelled after spending ages on the tarmac at Gatwick waiting to depart as the crew had exceeded their hours. I contacted Easyjet and they said that as the ticket related to a special fare the EU regulations don't apply, which appears to have some merit. Can I still claim any compensation?

Caz3121

The regulations are linked within Vaubans guide in the FAQs

Article 3
3. This Regulation shall not apply to passengers travelling
free of charge or at a reduced fare not available directly or
indirectly to the public.

richardw

Would the fare have been available to another member of the public in the same circumstances or was it entirely exclusive to yourself?

wka

Such fares are presumably available on a first-come-first-served basis for those who have missed their flights. If there were no seats on the following service then I wouldn't have been able to purchase the ticket.