Easyjet refusing to refund cost of alternative flights to return to UK following flight cancellation

PollyPoppet

Easyjet left my octogenarian parents stranded in Gran Canaria.  Flight 8692 to LGW on 25th March was cancelled.  When they got to Las Palma airport the Easyjet rep said, 'sorry, we cannot help you' and closed the door.  My parents paid 988 Euros to be flown to STN with another airline plus a sterling exchange fee and coach ticket to London Victoria for a train home.  As they are in their 80's and a little frail I act on their behalf in trying to get their return costs recovered.  The cost of their original flight is being dealt with separately and I am not looking for compensation.  I submitted the forms on Easyjet website and attached the receipts.  The only receipts issued.  These, apparently, are not itemised and have been rejected twice now.  Any body with some help on this would be much appreciated.

bradders1983

Why not contact Jet2 and see if they can issue something more formal.

As an aside I would leave the "octogenarian" line out of things in formal correspondence with the airlines, they wont give a stuff if their customers are 20, 80, black, yellow, gay, straight, whatever.

CKhalvashi

Ask Jet2 for a breakdown?

At the same time, serve Easyjet (at Hangar 89) with a Letter Before Action. When Jet2 provide the paperwork Easyjet require, forward it to them (keep a copy for yourself) by post (proof of postage, go to the PO for this, not recorded delivery).

If the original flights were more than £100 each and paid for on a credit card, speak to the card company, as you may be able to go down the Section 75 route, with the CC company being dually liable. I'd argue that it's £100 for a return ticket rather than £100 for the one way fare, but they will be able to advise.

The legislation you require is EC261/2004, which will deal with the re-routing.

PollyPoppet

Thanks, yes great idea - will now contact Jet 2.  
Of course I would keep contact with EJ purely factual; I added their age here to explain why I was working on this for my parents.  But good to be reminded.
The original flights are a separate claim (according to EJ) and a separate form has been submitted for this.
EC261/2004. Ref Article 5. Pp1.  No assitance was offered, no re-routing was offered.  Pp2 No explanation concerning alternative transport was given.  And Note Pp4.  Burden of proof rests with the operating air carrier.
Thank you so much

Justice13075

This should be a straight forward claim. You are not due any compensation, but you are due the costs of re-routing. In my opinion, the receipt from Jet2 is sufficient but if you can get something else that satisfies you then go for it. I would send them a letter before action giving them 14 days to pay or you will start court proceedings to recover the return flight OR You could ask them for a deadlock letter first and go to arbitration they use ADR. Your choice.

CKhalvashi

I'd assume mainly that Easy want to make sure the ticket is on similar terms, which if you look at it like that isn't wholly unreasonable (a hand luggage only fare replaced with premium seats etc).

I haven't heard too much bad about Jet2, so hopefully they'll be helpful in providing this information for you.

If you need any more help, please post back and we'll try to help you.

Caz3121

PollyPoppet said:

The original flights are a separate claim (according to EJ) and a separate form has been submitted for this.

you may have been better not submitting a claim for a refund on the Easyjet flights and instead claiming the costs of the rerouted flights. You won't get both refunded. If Easyjet refund the cancelled flight, the claim will be for the difference in cost between the two. 

bagand96

Caz3121 said:

PollyPoppet said:

The original flights are a separate claim (according to EJ) and a separate form has been submitted for this.

you may have been better not submitting a claim for a refund on the Easyjet flights and instead claiming the costs of the rerouted flights. You won't get both refunded. If Easyjet refund the cancelled flight, the claim will be for the difference in cost between the two. 

Very good point. Regulation gives you the right to refund or rerouting. Not both.  Be careful accepting a refund of the original flight in case it jeopardises or complicates your claim for rerouting. 

CKhalvashi

bagand96 said:

Caz3121 said:

PollyPoppet said:

The original flights are a separate claim (according to EJ) and a separate form has been submitted for this.

you may have been better not submitting a claim for a refund on the Easyjet flights and instead claiming the costs of the rerouted flights. You won't get both refunded. If Easyjet refund the cancelled flight, the claim will be for the difference in cost between the two. 

Very good point. Regulation gives you the right to refund or rerouting. Not both.  Be careful accepting a refund of the original flight in case it jeopardises or complicates your claim for rerouting. 

There's nothing in the rules to state that OP can't change their mind at a later time though, and some airlines are giving a 'refund' (in the form of vouchers) with no consent, when OP has the right to choose.

As EU law in general works on fairness to the consumer, it should be expected that the higher cost of the options should apply in any event. I'm not sure if there's case law to disprove this theory however.