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    • Missymoo2
    • By Missymoo2 11th Oct 19, 8:40 PM
    • 12 Posts
    • 2 Thanks
    Missymoo2
    Thanks everyone!

    Started claim with Bott.

    I will let you know the outcome.
    • Dalglish
    • By Dalglish 16th Oct 19, 10:20 PM
    • 185 Posts
    • 20 Thanks
    Dalglish
    Dispute resolution recovers my costs ... or does it?
    I had an EasyJet flight cancelled on our return from Crete and the airline flatly refused to refund an alternative flight citing ATC software issues and bad weather.
    I took my case to https://www.aviationadr.org.uk/ who said I had a good case and I’m pleased to say I won, despite EasyJet claiming I had not provided proof of purchase for an alternative rerouting with Tui that cost £630 for the 3 of us. Boarding passes, luggage tags and the actual Tui invoice put to bed this feeble EasyJet attempt to avoid refunding my costs.
    The key point that led to ADR judgment rule in my favour was I had all evidence including screen grabs of the EasyJet app showing the earliest flight home they could offer was FOUR days later. The CAA quoted on MSE says airlines should make a reasonable attempt to repatriate passengers.
    So today, 2 weeks after EJ should have abided by ADR as they are bound to, I’m told by this adjudicator, I’ve had to escalate a second time as EJ look like they’re not going to pay my costs anyway. Next step? Small Claims court?
    Any helpful suggestions welcomed thanks.
    • Tyzap
    • By Tyzap 17th Oct 19, 12:49 AM
    • 2,110 Posts
    • 895 Thanks
    Tyzap
    I had an EasyJet flight cancelled on our return from Crete and the airline flatly refused to refund an alternative flight citing ATC software issues and bad weather.
    I took my case to https://www.aviationadr.org.uk/ who said I had a good case and I’m pleased to say I won, despite EasyJet claiming I had not provided proof of purchase for an alternative rerouting with Tui that cost £630 for the 3 of us. Boarding passes, luggage tags and the actual Tui invoice put to bed this feeble EasyJet attempt to avoid refunding my costs.
    The key point that led to ADR judgment rule in my favour was I had all evidence including screen grabs of the EasyJet app showing the earliest flight home they could offer was FOUR days later. The CAA quoted on MSE says airlines should make a reasonable attempt to repatriate passengers.
    So today, 2 weeks after EJ should have abided by ADR as they are bound to, I’m told by this adjudicator, I’ve had to escalate a second time as EJ look like they’re not going to pay my costs anyway. Next step? Small Claims court?
    Any helpful suggestions welcomed thanks.
    Originally posted by Dalglish
    I would be very reluctant to go down any other route until AviationADR say they can go no further, and that is very unlikely to ever happen.

    Did you claim costs and compensation via ADR at the same time? Did ADR award your costs?

    The agreement between ADR and the airline is that if ADR find against the airline the airline WILL pay up.

    Keep pushing AviationADR, it's up to them to get your compensation paid.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • Dalglish
    • By Dalglish 21st Oct 19, 10:35 PM
    • 185 Posts
    • 20 Thanks
    Dalglish
    Many thanks Tyzap.
    Relieved to confirm EJ refunded my reroute costs today but boy did they fight it.
    To be fair they did pay my overnight B&B for 3 of us via their website claim process but I shall pay more in future to fly with non EJ and that other one.
    Thanks again for your help.
    • OUNN
    • By OUNN 23rd Oct 19, 8:59 AM
    • 50 Posts
    • 83 Thanks
    OUNN
    Morning Gurus,

    Looking for a little advice as to whether MiL has a leg to stand on or not.

    This mornings flight Stansted to Malaga was cancelled sighting weather.

    What happened was......
    - Last nights Stansted to Palma flight diverted into Toulouse due to bad weather in Palma.
    - Toulouse is an easyJet crew base.
    - The weather cleared up who knows when actually, but the METAR was clear of thunderstorms at 0400 this morning.
    - So an aircraft is out of position overnight, however rather than using crew and an aircraft from any of Stansted, Palma or Toulouse (all crew and aircraft bases) they are using the original crew from the diverted flights last night to finish their flights (after their required rest).
    - this means the aircraft was never going to get back to Stansted in time, so they have cancelled the flight to Malaga sighting bad weather.

    Which is an extraordinary circumstance, so easyJet will deny compensation. But is it worth pursuing?

    Thanks in advance

    Edited to add other flights diverted that night, but operated an additional sector to get there. The crew on this flight were on a 4 sector day, so they will have run out of hours rather than the weather being the effect. They could still have potentially operated a 4th sector to Palma and left the aircraft there for a local crew to continue
    Last edited by OUNN; 23-10-2019 at 9:12 AM. Reason: More info
    • Justice13075
    • By Justice13075 23rd Oct 19, 9:12 AM
    • 1,853 Posts
    • 609 Thanks
    Justice13075
    Yes, you are due compensation as this is classed as a knock-on. if your flight has no bad weather and it is only canceled because they have no plane it is not an extraordinary circumstance. When are you now flying? €400 each passenger.
    • Siani554
    • By Siani554 28th Oct 19, 7:29 PM
    • 5 Posts
    • 10 Thanks
    Siani554
    Flight cancelled as knock on effect- can I claim?
    Hi

    Have searched and am not sure which route to go down so any advice/help appreciated! Hope I haven’t posted in the wrong place......

    Last weds (23rd) my 7:30am flight from Bristol to Paris was cancelled at 3am. We managed to rebook onto a flight at 4:30 pm which meant we arrived 9 hours late and lost a days holiday. This ordinarily wouldn’t have been as much of an issue except we were going to eurodisney so we lost a day in the park as well as the price of the tickets for that day and had 2 disappointed children as a result.

    I submitted a claim for compensation on Saturday which was rejected within 24 hours citing bad weather in Spain as the reason (email text below). Reading around the subject seems to suggest that if the weather is fine where you’re flying from and to (which it was) they can’t use weather as a reason for denying compensation. However the speed that they’ve declined suggests to me that they know they will win alongside the fact that I’ve seen that there was bad weather in Spain (although I can’t find any news stories about flights being cancelled – there are stories about flight cancellations in Italy due to strikes around the same time)…Their email is quite generic, so I was wondering if I go back and ask for more specific information as to which airports where involved and how many flights were cancelled or should I just ask for a deadlock letter and escalate?

    What makes me nervous is the story in Which.co.uk that says that less people now have success in claiming now that AviationADR are handling cases. which.co.uk/news/2019/10/easyjet-passengers-lose-out-in-compensation-merry-go-round I’d prefer not to lose compensation by using a law firm, however am wondering if it would just be easier to do that as they are the experts and any compensation is better than nothing….

    EU261 Compensation Claim Assessment
    Claim received: 25-10-2019
    Flight Number: 6221
    Flight Date: 23-10-2019
    Scheduled Departure Airport: BRS
    Scheduled Arrival Airport: CDG
    Claim decision: Declined
    Decision summary: We’re sorry that your flight was cancelled. Our assessment and legal team has carefully reviewed your claim and the circumstances around your flight and have confirmed that your compensation claim is not eligible for compensation payment under EU Regulation EU261/2004. Please note that this may not match with the information you were given on the day of travel, as our staff in airports, and on-board, may not have had all the information concerning your cancelled flight.

    Dear,
    We are sorry for the disruption to your flight. Our assessment and legal team have carefully reviewed your claim, including the circumstances around your flight and have confirmed that your compensation claim is not eligible for compensation payment under EU Regulation EC261/2004. Please note that this may not match with the information you were given on the day of travel, as our staff in airports, and on-board, may not have had all the information concerning your cancelled flight.


    Our assessment of your claim
    To further explain why your flight was cancelled; on the 22nd October we experienced disruption to our flights due to adverse weather conditions across Spain, which caused our aircraft to be out of position to operate our flights on the 23rd October. Unfortunately, as a result we had no other option but to cancel your flight. We do take reasonable measures to avoid cancellations and delays to our flights by having replacement crews and spare aircraft available in our network. In the circumstances, these options were not possible as we had utilised our spare crew and aircraft for the disruption the previous day caused by adverse weather conditions.
    • JPears
    • By JPears 28th Oct 19, 7:41 PM
    • 4,827 Posts
    • 1,306 Thanks
    JPears
    Usual EJ BS. They will make life as difficult as possible for you (been there, got the T shirt).
    Weather affecting different flights the day before is usually NOT an EC.


    Go through ADR first as its risk free. You can always go small claims or Botts/EUClaim later if you are unsuccessful with ADR.
    Have you tried putting your flight details into Botts and EUClaim online checker?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Siani554
    • By Siani554 28th Oct 19, 8:07 PM
    • 5 Posts
    • 10 Thanks
    Siani554
    I put my details into Botts which said I could claim. Wasn’t sure if it was a generic ‘yes you can claim’ just because the flight was cancelled.

    I’ve replied with the link to the case where they couldn’t claim bad weather and said if they won’t reconsider I want a deadlock letter........
    • Justice13075
    • By Justice13075 28th Oct 19, 8:17 PM
    • 1,853 Posts
    • 609 Thanks
    Justice13075
    I would also write to the CAA for all the good it will do, but the more people who contact them they might get off their backsides and do something about these airlines.
    • JPears
    • By JPears 29th Oct 19, 9:01 AM
    • 4,827 Posts
    • 1,306 Thanks
    JPears
    Try EUClaim checker. Posible more realistic than Botts sometimes
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Siani554
    • By Siani554 29th Oct 19, 9:27 AM
    • 5 Posts
    • 10 Thanks
    Siani554
    Really? Martin lewis’ article mentions Botts? I did use the calc in EUclaims but stopped short of submitting a claim as thought I might try myself first. Hard to know what best to do, like I said I might not be as bothered if it wasn’t for losing the time at eurodisney
    • ABlest
    • By ABlest 29th Oct 19, 11:57 PM
    • 2 Posts
    • 0 Thanks
    ABlest
    Driving instead of taking alternative flights offered
    Looking for some precedence or examples of similar successful claims for compensation: My wife and I and three young children arrived at Luton airport for a domestic Easyjet flight early on Sat 26th Oct to Glasgow for a three night holiday incl. car hire booked via Easyjet to be informed our flight was cancelled. We were initially offered a refund, or alternative flight leaving from Standsted late that evening, but told that the return flight would come back to Luton as originally planned. With no offer being made to transport us over to Standsted in order to take up this alternative offer, we spent time discussing amongst ourselves how we could manage the alternative arrangement with our car being parked at at a different airport. When asking for the details of the flights again, we were then told there were actually only 4 seats available. Alternative options for flying out of Standsted the following evening or from Gatwick the following evening were presented. With this not being feasible for the accomodation we had booked, we made a decision to collect our parked car (booked via the Easyjet website links) and drive to Glasgow ourselves. The flight was due to arrive at ~10am, but we eventually drove past Glasgow Airport at around 16:30 that evening.
    I have not yet claimed a refund for the flights, as I feel Easyjet should be covering the costs of our missed car hire (booked via Easyjet), and our alternative transport at say 0.45p/mile in each direction, as well as compensation for the delay in arrival in Glasgow of circa 6hrs. Am I being unreasonable and do I stand any chance of being successful. All advise/info on cancelled flights compensation is based on taking an alternative flight and claiming the delay compensation. I see no examples of those that I have decided to use an alternative form or transport and then recover the costs/compensation. Thanks AB
    • JPears
    • By JPears 30th Oct 19, 8:48 AM
    • 4,827 Posts
    • 1,306 Thanks
    JPears
    EJ have a duty of care as well as probably owing you compensation.
    General advice is bdon't claim the refund as EJ, mistakenly, wil think they have got rid of the problem.

    1. What was the reason given for the cancellation? If not an EC then you are all due €250 compensation, including the 3 children.
    2. Were there alternative airline flights from Luton to Glasgow that day. If so EJ should (but never do) offer those to you at their expense. Did they tell you that you could use an alternative airline? Probably not.
    3. EJ's duty of care (irrespective of the reason for the cancellation) are to cover all costs (and ideally arrange) to get you to your original destination. Including the cost of transfer to Stanstead.

    4. If you booked the car hire via EJ, effectively a package I would expect the refund of that car hire cost without question.
    There are 2 separate claim forms on the EJ website, one for your compensation and one for your additional expenses and car hire. I had a similar problem last year and had to rearrange EJ car hire due to different arrivals. It took a small claims submision before they paid it and a CEDR submission for the compensation. EJ will probably fight all the way. We are here to help.
    Have you downloaded Vauban's guide?
    Last edited by JPears; 30-10-2019 at 8:53 AM.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • ABlest
    • By ABlest 30th Oct 19, 7:42 PM
    • 2 Posts
    • 0 Thanks
    ABlest
    Thank you JPears. EJ representative at the desk advised that the reason for the cancellation was lack of crew. EJ also said that there were no other flights that day from Luton to either Glasgow or Edinburgh (we suggested Edinburgh as an alternative destination). However, there was certainly no mention of using different airlines and we never thought to ask at the time. The offer of flights from Gatwick or Stansted the following evening was on other EJ flights but there was no offer of transport, only the text message offer of overnight hotel. This is despite us discussing the problem of us picking up our own car from the car park and flying and returning from different airports directly in front of the EJ rep who was checking alternative flight options for us. I will certainly download the guide you mention. I haven't accepted the refund as yet, because I am wary of this being my acceptance of resolution without properly exploring compensation for having to drive myself and losing what was essentially two days of our holiday. I just wasn't sure whether by choosing to drive my own car to Glasgow instead of accepting a later flight late the following day would be evidence of late arrival due to EJ cancellation and therefore a justifiable delay claim under the EU legislation. In which case I am left with just claiming the cost of the flights and trying to recover the unused car hire booked via EJ.
    • JPears
    • By JPears 31st Oct 19, 8:53 AM
    • 4,827 Posts
    • 1,306 Thanks
    JPears
    You chose to make alternative travel since EJ did not give you any convenient to you options. Or indeed disclose their full obligations. You're allowed under the regulations to make your own travel arrangements and claim the costs back from the airline.
    Vauban's guide will help you with the compensation claims. And make you regulation savvy the next time you fly!
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Siani554
    • By Siani554 21st Nov 19, 8:17 AM
    • 5 Posts
    • 10 Thanks
    Siani554
    Success claiming against EasyJet
    So an update today, after flight was cancelled and EasyJet rejected my compensation claim I took it to aviation ADR, and found out yesterday that EasyJet have offered to settle for the full €250 per person. Doesn’t give back the day we lost at eurodisney but does cover the lost tickets!! I’d always advise claiming yourself first as I’d have lost £95 per person had I used one of the no win no fee firms
    • JPears
    • By JPears 21st Nov 19, 8:56 AM
    • 4,827 Posts
    • 1,306 Thanks
    JPears
    Well done.

    Send a letter of complaint to the CAA detailing how Easyjet put obstacles in your way and denied your perfectly valid claim.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
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