Compensation even AFTER accepting refund due unsuitable alternatives (and booking own return flight)

ggc

Dear all,

This is my situation:

1. Booked Easyjet return flight (LGW-LUX-LGW)

2. 7-14 days before the departure of my return leg (LUX-LGW), I received an email telling me that my return flight was cancelled (this was before my outbound leg, i.e. I had not yet left London)

3. Email mentions I can choose between alternative flight or refund (for the return leg)

4. Because flights to this destination only run twice per week, none of the alternative flights were suitable (when looking at the online booking options); I would have either had to cut my trip unreasonably short (not longer serving any purpose) or arrive back in London 2-3 days late for work

5. I therefore accepted the (partial) refund for the return trip, deciding to fly out with Easyjet as planned (LGW-LUX) but purchasing a flight with a different airline for the return trip (LUX-LGW)

I would like to claim compensation under EU261 (fixed amounts) and/or compensation for the cost difference of the alternative flight that I booked.

My question is, am I even entitled to compensation given that:

1. I accepted the refund for the cancelled leg (perhaps unknowingly waiving away my rights?) rather than accepting an alternative flight (which were not suitable)

2. I did not call or otherwise contact Easyjet for them to offer me an alternative flight with another airline (not that they told me I could).

Guides regarding fixed compensation under EU261 always mention the “delay / arrival time” of the alternative flight (for eligibility purposes) … however, in my case, I did not accept an alternative flight from Easyjet, opting instead to request a refund and purchase my own return flight (I felt like I was given no choice….).

Advice appreciated (if possible with links to sources / legislation).

Thank you all!

ggc

I'll try to answer my own question:

1. As I accepted a refund and did not arrive in an aircraft in relation to which the booking was arranged by or previously agreed with the airline, there is no way to determine "arrival time" so technically I suppose I am not due compensation.
2. Regarding the pay-out of out-of-pocket expenses in relation to the alternative flight that I booked on my own initiative (albeit because I knew it would be near impossible to contact anyone at the airline and because the alternative flights offered via manage-my-booking were not suitable), I doubt the airline will pay out as there was no duty of care (I was not stuck at the airport, en route or already "on holiday").

I'll leave it be. As much flack as airlines are getting (in some cases deservedly), we collectively are also one of the reasons the industry has been decimated (lockdowns, closing down the economy and then acting surprised when inflation and supply-side issues hit in response to pent-up demand). Even if any of my claims were successful, it will just make the situation worse. Others probably deserve compensation / payment of expenses much more than me. Also, it was a one off; 95% of my flights over the past 2 years, including during Covid, worked out just fine and/or I was given appropriate notice/refunds.

Peace.

MalMonroe

Well, at least that's sorted.

Glad you found the answer, I'd have come to the same conclusion.  All's well that ends well