4 hour delay - compo if don't get on flight?

colm_gallagher

Hi Guys,

I was wondering if you could help me with the following scenario.

So my partner and I planned a visit family in Derry for the weekend, leaving manchester at 20.20 arriving at 21.15 and returning on Sunday evening. The outbound flight was delayed for 4hours 40 minutes and landed in belfast at 02.00. For us, at the airport, this was too late for our onward travel as we could not afford taxi costs to Derry, elderly parents were unable to pick us up at this time, and with it being a short break it just wasn't worth the hassle/added cost and loss of sleep. We were told, with others, that we would be entitled to a full refund if we choose not to fly and were under the belief that we would be entitled to the 250euro compensation.

Today easyjet have given us a full refund voucher but said that we are not entitled to compensation, but would have been if we had of got onto the flight. There were families who rearranged to a morning flight who were led to believe that they would get compensation; and we were stuck in the airport departures for over three hours before we were allowed to leave.

Based on this, do you think that we are entitled to the compensation?

Caz3121

After a 5 hour delay you can still receive EU261 compensation in addition to the refund if you choose not to travel
flight delayed over 3 hours and under 5 hours would give you EU261 if you travel or refund if you don't...not both

Tyzap

Were you informed of your rights in writing or electronically before being offered a refund?

colm_gallagher

Hi Tyzap,

no, we were told nothing regarding our rights either verbally or in writing. We were not even aware of the possibility of compensation if we would have taken the flight. Does this make a difference to our case?

Tyzap

Well this is what the recently updated regs say...

The omission of material information and the provision of misleading information on the rights of passengers may also constitute an unfair or misleading commercial business-to- consumer practice under Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market.

So I would think it probably does.

Good luck.

colm_gallagher

Many Thanks Caz2131 and Tyzap, I will chase it up and see what happens, will post on if any good news comes our way

christaitfife

I think this is pretty clear-cut. If you choose not to fly you are making the choice to receive a refund and as such you are no longer being delayed by the airline.

Secondly, the terms and conditions you agreed to (section 15.2) links to details about disrupted services :

In the unfortunate event that your flight has been cancelled, there are three options available to you:
You can change/move onto another easyJet flight free of charge. If you want to do this, please see our how to change a flight page to rebook.

If you no longer wish to travel, and would like to be refunded, please go to our how to get a refund page and we'll refund the cost of your flight.

You can re-route to your destination on another carrier under comparable conditions.

It clearly states that if you don't wish to travel they would "refund the cost of the flight" - nothing about compensation there!

JPears

christaitfife wrote: »

I think this is pretty clear-cut. If you choose not to fly you are making the choice to receive a refund and as such you are no longer being delayed by the airline.

Secondly, the terms and conditions you agreed to (section 15.2) links to details about disrupted services :


It clearly states that if you don't wish to travel they would "refund the cost of the flight" - nothing about compensation there!

christaitfife - just because an airline puts rubbish like this in its T&Cs doesn't mean it is correct or lawful.
You need to read reg 261/2004 in full

colm_gallagher

successful outcome for both, got the compensation cheque yesterday. Many Thanks, for you support. Didn't have to do much just filled out the online form.

JPears

Well done. Another smack in the chops for airlines misleading customers.