EasyJet Compensation - Checked in but did not fly 14 December 2022 at 11:31AM in Flight delay compensation 2 replies 101 views

russellelly

Hi all,

Trying to help someone out with an EU261 claim.The situation is a little niche perhaps and I can't find a definitive answer online.

She was flying EasyJet Lanzarote to Edinburgh. She checked in online and went to the airport.

At the airport, the flight delay kept going up and the outbound flight hadn't left Edinburgh due to a technical issue. She only had hand luggage, so decided to book a Ryanair flight and get on her way as it was only £25. That flight ended up being a little delayed and she got to Edinburgh just under 3h later than the original EasyJet was scheduled to. The EasyJet flight (which she'd checked in for but not boarded) landed just over 5h late.

The regulations themselves say...

"Paragraph 1 shall apply on the condition that passengers: (a) have a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in Article 5, present themselves for check-in as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, the tour operator or an authorised travel agent"

https://www.legislation.gov.uk/eur/2004/261/data.xht?view=snippet&wrap=true

So, by that logic, EU261 applies - check-in is enough, boarding is not relevant.

However, EasyJet's own page says it applies:

"You presented yourself for check-in and boarding, with a confirmed reservation, before our Closing Times (in accordance with our Terms and Conditions) or as otherwise notified to you (except in the case where your flight has been cancelled)."

https://www.easyjet.com/en/terms-and-conditions/notice-of-rights-for-flight-delays-and-cancellations

They're pointing to the non-boarding as a reason not to pay out. That seems to match their policy, but not the legislation. 

Any advice on whether it's worth escalating this or if there's something I'm missing? If so, what's the best next course of action? Thanks a lot

eskbanker

russellelly said:

The regulations themselves say...

"Paragraph 1 shall apply on the condition that passengers: (a) have a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in Article 5, present themselves for check-in as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, the tour operator or an authorised travel agent"

https://www.legislation.gov.uk/eur/2004/261/data.xht?view=snippet&wrap=true

So, by that logic, EU261 applies - check-in is enough, boarding is not relevant.

I think the scenario encompassed by that wording is necessary but not sufficient, i.e. I don't believe that merely checking in in itself actually triggers subsequent rights, but just enables them if other conditions are met.

The issue is complicated by the fact that the regulations themselves don't actually grant any rights when flights are delayed (other than the pre-departure duty of care) and the whole three hour threshold was only brought into play following the 2009 ECJ Sturgeon ruling:

Articles 5, 6 and 7 of Regulation No 261/2004 must be interpreted as meaning that passengers whose flights are delayed may be treated, for the purposes of the application of the right to compensation, as passengers whose flights are cancelled and they may thus rely on the right to compensation laid down in Article 7 of the regulation where they suffer, on account of a flight delay, a loss of time equal to or in excess of three hours, that is, where they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier.

If her arrival time on the alternative flight was actually less than three hours after the EasyJet schedule, that would effectively scupper a claim anyway, if taking that wording at face value, but since the regulations themselves are silent on this scenario, I'd suggest that EasyJet's terms here don't actually conflict with them and therefore there doesn't seem to be a legitimate legal challenge IMHO.

bagand96

If you didn't travel on the delayed swevjce I don't think you'll entitled to compensation.

The regulations do say that 

Article 6

Delay

1. When an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure:

(a) for two hours or more in the case of flights of 1500 kilometres or less; or

(b) for three hours or more in the case of all intra-Community flights of more than 1500 kilometres and of all other flights between 1500 and 3500 kilometres; or

(c) for four hours or more in the case of all flights not falling under (a) or (b),

passengers shall be offered by the operating air carrier:

(i) the assistance specified in Article 9(1)(a) and 9(2); and

(ii) when the reasonably expected time of departure is at least the day after the time of departure previously announced, the assistance specified in Article 9(1)(b) and 9(1)(c); and

(iii) when the delay is at least five hours, the assistance specified in Article 8(1)(a) 

Article 8

Right to reimbursement or re-routing

1. Where reference is made to this Article, passengers shall be offered the choice between:

(a) - reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant,

I think you're only entitled to a refund of the easyjet fare.