Airline claims air traffic control caused delay/cancellation - how do I check?

David_Boring

https://forums.moneysavingexpert.com/discussion/comment/81856022#Comment_81856022

I totally understand where you're coming from but it's the difference between doing what you're legally obliged to do and doing what's morally correct. EasyJet know that we'll have incurred costs other than the actually price of the holiday. We wouldn't have taken the time off work, booked parking, filled the car with fuel, etc for any other reason than the holiday that they then cancelled. Who, therefore, does the responsibility lie with?

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/81856907#Comment_81856907

It would lie with your travel insurance.

David_Boring

https://forums.moneysavingexpert.com/discussion/comment/81856937#Comment_81856937

Yes and that would be my next port of call but I just find it frustrating that EasyJet can wash their hands of all responsibility

David_Boring

https://forums.moneysavingexpert.com/discussion/comment/81856389#Comment_81856389

Well interestingly I sent an email to EasyJet Holidays last night containing the following -

Point 15 (2) of the Package Travel and Linked Travel Arrangements 2018 states "The organiser is liable to the traveller for the performance of the travel services included in the package travel contract"

 EasyJet holidays were liable for the performance and therefore lack of

 (4) states "If any of the travel services are not performed in accordance with the package travel contract, the organiser must remedy the lack of conformity within a reasonable period set by the traveller"

 EasyJet must remedy within a reasonable period of time. We were informed that the holiday had been cancelled on the 19th December. We were also told that "we'll be processing your refund immediately" the reason given by yourselves that we may book alternative arrangements This refund wasn't received until 12 days after this date which in anyone's opinion isn't 'immediate' and certainly wasn't appropriate for us to book an alternative holiday. 

 Therefore (5) Where the organiser does not remedy the lack of conformity within a reasonable period set by the traveller for a reason mentioned in sub-paragraph (a) or (b) of paragraph (4), regulation 16 applies.

 (a) being, "the organiser is unable to make alternative arrangements" - EasyJet didn't. They clearly stated "there isn't a suitable alternative within the next two days, we've had to cancel your holiday"

 (b) being "the traveller rejects the proposed alternative arrangements in accordance with paragraph (10) - we didn't reject any alternative as there was none offered

 Therefore in accordance with the regulations - "the traveller is, where appropriate, entitled to a price reduction, or compensation for damages, or both, in accordance with regulation 16 without terminating the package travel contract, the lack of conformity or where immediate remedy is required, the traveller—

 (a)may remedy the lack of conformity; and

(b)is entitled to reimbursement of the necessary expenses"

Therefore 16 (3) The organiser must offer the traveller, without undue delay, appropriate compensation for any damage which the traveller sustains as a result of any lack of conformity.

I think this clarifies in legal terms as set out by The Package Travel and Linked Travel Arrangements Regulations 2018, by which EasyJet Holidays operate, why we should be entitled to appropriate compensation for the additional costs incurred from EasyJet Holidays cancelling our trip.

And lo and behold received a response offering £200 as "gesture of goodwill"

eskbanker

unable to claim compensation for other costs (petrol, parking, overall hassle, etc)

ended up approximately £300 out of pocket

We wouldn't have taken the time off work, booked parking, filled the car with fuel, etc for any other reason than the holiday that they then cancelled

received a response offering £200 as "gesture of goodwill"

Sounds like a good outcome, assuming £200 covers the bulk of the tangible costs you'd actually incurred specifically for the wasted trip, i.e. they'd never be reimbursing a whole tank of fuel, for example!