EasyJet Compensation - Checked in but did not fly

18 Posts

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
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

0
Latest MSE News and Guides
Replies
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:
The regulations do say that
I think you're only entitled to a refund of the easyjet fare.