Flight Cancelled with 15 days notice - still owed a duty of care for hotel and other expenses?

hatcheth

Easyjet cancelled a flight with 15 days notice, so I understand that compensation is not due.  However we were committed to the trip at this point so had to make other arrangements - basically we were supposed to be flying from Lyon but there wasn't flights for days.  We accepted a flight from Paris, so are trying to claim for the train to Paris and an overnight hotel stay.  Easyjet are refusing to pay up fairly reasonable expenses ~ EUR 350 for 4 people.

A laymans reading of UK261 indicates a liability for easyJet to pay expenses, but I'm not familiar with the case law to see if that is the practice or not.

For reference see below for what I have sent so far  (anonymised to prevent easyJet monitoring )

Lyon to London Gatwick EZYxxxx                                   

Departs:            Sat xxxxxxxx 22:50 Arrives: xxxxxxxx 23:30

This flight was cancelled by your airline 15 full days before departure.  I am claiming my costs (not compensation) resulting in your cancellation of this booking.

After I received the cancellation notice, I telephoned your call centre.  I had to be back in London by Monday xxxxxxx due to my sons examinations.  The only option for me to do this would be to take a flight from Paris.  All your flights were full from Lyon:

Therefore you rerouted my booking to the Paris flight departing the next day:

 Paris to London Gatwick EZYxxxx                                   

Departs:            [The next day] 17:55 Arrives: [The next day] 18:10

Under the UK261 regulation you are required to cover cost for cancellations (independent of notice of cancellation)

The costs associated are:

1.       Taxi from Lyon Airport = EUR XX

2.       Hotel Accommodation  = EUR XXX

3.       Train to Paris Airport = EUR XX

Total costs = EUR XXX 

Receipts are attached below.

Westin

Did you submit your claim as above in form of a letter or have you followed the online process laid down by the airline?

hatcheth

Westin said:

Did you submit your claim as above in form of a letter or have you followed the online process laid down by the airline?

I did both 😀… the online form for expenses got rejected stating that they cancelled with enough notice and then the letter before action was also sent with no meaningful response.

macman

As an alternative, can you not make a claim on your travel insurance?

hatcheth

macman said:

As an alternative, can you not make a claim on your travel insurance?

I get my travel insurance through work benefits and when I spoke to them they said their was no coverage for this particular scenario.

bagand96

macman said:

As an alternative, can you not make a claim on your travel insurance?

An insurance company is unlikely to pay out for a loss that can be recovered from another party. And in this case its clear in law that another party (easyjet) are liable for the loss. 

Westin

Personally would see your situation as a case of rerouting under the current legislation and your reasonable costs to get to Paris to join the new flight as fair.  

When you spoke with EZY to move to the Paris flight did you make clear that you were to travel up from Lyon and would be claiming extra expenses to get to the new departure point?

My son and his friends has similar earlier this summer when their return flight from Madrid was cut from schedule and no alternative EZY flight offered that was suitable the same day.  They had I think five weeks notice of the cancellation.  They worked out that EZY had a late evening flight from Valencia and could catch a train between the two Spanish cities.  EZY moved them to the VLC flight and said they could claim for the train costs (about €45 each).  With some scepticism they went ahead and post return made the claim.  EZY paid out as they said they would about three weeks after the claim submitted. I see this situation similar to your but EZY did agree in advance of the rail to Valencia option.

hatcheth

Westin said:

Personally would see your situation as a case of rerouting under the current legislation and your reasonable costs to get to Paris to join the new flight as fair.  

When you spoke with EZY to move to the Paris flight did you make clear that you were to travel up from Lyon and would be claiming extra expenses to get to the new departure point?

My son and his friends has similar earlier this summer when their return flight from Madrid was cut from schedule and no alternative EZY flight offered that was suitable the same day.  They had I think five weeks notice of the cancellation.  They worked out that EZY had a late evening flight from Valencia and could catch a train between the two Spanish cities.  EZY moved them to the VLC flight and said they could claim for the train costs (about €45 each).  With some scepticism they went ahead and post return made the claim.  EZY paid out as they said they would about three weeks after the claim submitted. I see this situation similar to your but EZY did agree in advance of the rail to Valencia option.

Thanks for your experience… I guess it does look similar.  easyJet is obviously denying my claim now and did not agree to cover the expenses when the flight was moved to Paris. 

I guess this is a grey area, but I don’t have much to lose by submitting a small claims action.  I’m clear when I read the regulations in law they are liable. I will let you know how I get on… 

eskbanker

hatcheth said:

Westin said:

Personally would see your situation as a case of rerouting under the current legislation and your reasonable costs to get to Paris to join the new flight as fair.  

When you spoke with EZY to move to the Paris flight did you make clear that you were to travel up from Lyon and would be claiming extra expenses to get to the new departure point?

My son and his friends has similar earlier this summer when their return flight from Madrid was cut from schedule and no alternative EZY flight offered that was suitable the same day.  They had I think five weeks notice of the cancellation.  They worked out that EZY had a late evening flight from Valencia and could catch a train between the two Spanish cities.  EZY moved them to the VLC flight and said they could claim for the train costs (about €45 each).  With some scepticism they went ahead and post return made the claim.  EZY paid out as they said they would about three weeks after the claim submitted. I see this situation similar to your but EZY did agree in advance of the rail to Valencia option.

Thanks for your experience… I guess it does look similar.  easyJet is obviously denying my claim now and did not agree to cover the expenses when the flight was moved to Paris. 

I guess this is a grey area, but I don’t have much to lose by submitting a small claims action.  I’m clear when I read the regulations in law they are liable. I will let you know how I get on… 

I'd suggest pointing them towards para 6.8 at the CAA rerouting guidance at http://publicapps.caa.co.uk/docs/33/Re-routing Guidance (CAP2155).pdf

Re-routing via alternative airports 

6.8 Where airlines offer to re-route passengers to / from a different airport than the original flight, the airline should organise the transport to / from that airport. The CAA does not expect airlines to fail in this obligation. However, where such a failure occurs, the airline should provide prompt re-imbursement of any expenses incurred by affected passengers in travelling to / from the alternative airport and should inform the affected passenger directly, for example by email, about how to make a claim.

hatcheth

Update:  

 I submitted my court claim against easyjet a few months back when they rejected the claim.
1. They filed the acknowledgement of service stating they would defend the claim
2. They asked for an extension to file the defence.
3. They filed a bare denial defence on the final day without any real content or legal basis.  They did ask for the receipts which I forwarded to them
4. For the directions questionnaire they asked for Luton county court.  I asked for London.  

5.  Shortly thereafter they sent an offer “save as for costs” to pay my claim in full - I accepted.

I would recommend that anyone who believes they are “in the right” and have exhausted all other options to file a small claims action against easyjet.