Easy Jet Flight Cancelled - Reclaiming Expenses Advice Needed Please

TheHaj

https://forums.moneysavingexpert.com/discussion/comment/82086693#Comment_82086693

Thanks for your input. I have submitted a complaint to easyjet requesting they review both the rejected expense and compensation claims, providing evidence and an explanation for the latter

TheHaj

Hi all,

As expected, easyJet has rejected my complaint. They have refused both my claim for the replacement flight and my UK261 compensation, simply referring me back to their terms and conditions without, in my view, addressing the specific circumstances of my case. They have also not provided any evidence to support their claim that the cancellation was due to Air Traffic Control restrictions.

What still doesn't make sense to me is why I would knowingly accept a £102 refund if doing so meant sacrificing my right to recover the £520 I had to spend on a British Airways flight to reach my destination the following day. Had a rerouting option been available, I would obviously have taken it.

I have the following evidence:

• An email from easyJet on the day of cancellation advising me to either reroute or contact my booking agent. At no point does it state that accepting a refund would prevent me from later claiming the cost of alternative travel.
• An email from Trip.com confirming they could not reroute me because there were no easyJet flights available within 24 hours. They also confirmed that, under their policy, they could not rebook me onto another airline and therefore the only option they could offer was a refund.
• Screenshots from the easyJet website showing no suitable flights to Valencia within 24 hours.

My argument has always been that I didn't choose a refund instead of rerouting—I accepted a refund because rerouting was not actually available to me.

I'm now taking the case to AviationADR.

Based on the above, I'd really appreciate your views on whether my claim has merit and whether anyone has successfully argued a similar case. Also, is there any scope to claim for the considerable time and effort spent pursuing this matter, or is ADR limited to recovering direct financial losses?

debsy42

https://forums.moneysavingexpert.com/discussion/comment/82081604#Comment_82081604

Not quite relevant to the thread but having been caught up in Dubai in February when the war with Iran kicked off I agree 100% with this advice. I'd booked my flight directly with Emirates who organised transfer from the airport to the hotel where I ended up staying for a week with all food/drink/hotel stay covered.

TheHaj

https://forums.moneysavingexpert.com/discussion/comment/82090829#Comment_82090829

I don't think it's as black and white as that with budget airlines. All passengers were treated the same and given the same info regardless of how they booked. There wasn't a different service/lineup at the airport or section on their website for people who booked direct. They are shady quite frankly, and from my current experience will do anything to avoid paying expenses or compentaion to their passengers, direct booking or not

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/82090813#Comment_82090813

Re your last question - no, you won't be able to claim for inconvenience, etc, as a separate heading.

On the issue of refund versus rerouting, it is fairly clear (in the legislation and EasyJet's terms) that your right is one or the other, so you're really going to be relying on the lack of offered rerouting, and the situation will be complicated by the involvement of an intermediary, as it is the airline who's legally responsible for offering a choice between a refund or alternative flights.

Since they didn't do so, you can certainly advance the argument that you were compelled to take matters into your own hands and that it's therefore not unreasonable to claim reimbursement of the additional flight costs, so this will presumably form the basis of your escalation to AviationADR, as well as challenging the airline's stance that compensation isn't applicable of course…