Flight delay and cancellation compensation, Easyjet ONLY

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  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    JPears wrote: »
    This could be interesting! Just had my flight Manchester to Marseille tomorrow cancelled due to Marseille ATC strike.
    No alternative EJ flights available from anywhere near, to anywhere near for at least 5 days.
    £644 for BA flights cheapest that could be found to Lyon.
    Additional £150 car hire changes to collect.
    Original EJ flight £99...
    Odds on this going to court? Should I even try ADR when EJ reject claim that I've just submitted...

    Have you looked at Air France? They don't seem to be as badly affected as the UK airlines.
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  • JPears
    JPears Posts: 5,086 Forumite
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    edited 29 June 2018 at 12:35PM
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    Yeah looked at KLM/Air France. Twice as expensive, poor times.
    So ATC are letting Air France through?
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  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    JPears wrote: »
    Yeah looked at KLM/Air France. Twice as expensive, poor times.
    So ATC are letting Air France through?

    I believe there may be some sort of quota system for French national airlines but not 100% sure.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • ferriswheeljunky
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    Hi all,

    I'm new here and was hoping to get some advice! I've had a quick search of the guides and forums but haven't managed to find anything on my specific issue.

    Basically, my easyjet flight from Rome to Bristol was cancelled back in May due to air traffic control strikes. I found out about this shortly before my outbound flight, and managed to get easyjet staff at Bristol to book me onto an alternative flight back to Gatwick (there were no more Bristol flights for days, so this was the only option that would get me back in time for work). They told me to book my Gatwick-Bristol transport myself, and claim it back from them.

    I did some investigating in the departure lounge, and discovered that, because my new flight got into Gatwick after 11pm, there were no transport options available until the following morning. When I landed in Rome I explained the situation to the easyjet staff there, and they told me I could also book a hotel at Gatwick and get it reimbursed.

    I duly booked a Travelodge at Gatwick and a train to Bristol, and tried to claim it back from them. The train claim went through fine. But my hotel claim was rejected because they apparently had a hotel portal available that I should have used. Unfortunately, this was the first I'd heard about a hotel portal, so I replied and explained that I had been following instructions from easyjet staff, who hadn't mentioned a portal.

    Now easyjet have come back with a different issue: "The claim you made for Hotel is a private arrangement which was booked before/after the flight disruption took place. Though we understand that you have incurred expenses, however under the guidelines of EC261/2004, we do not cover any pre and post flight arrangements." (This seems directly contradictory to their previous line, but never mind...)

    I can see from EC 261/2004 that they're not explicitly obliged to provide accommodation unless the flight *departure* is a day later than scheduled [arts 5(1)(b) and 9(1)(b)]. Whereas my overnight delay was *after* the replacement flight had arrived, but *before* they had successfully re-routed me to my final destination.

    Does anyone have any experience with an issue like this? Under arts 5(1)(a), 8(1)(b) and 8(3), they were certainly obliged to re-route me to Bristol "under comparable transport conditions". Does this really include my sitting in the public area of Gatwick from 11pm to 6am? I'd be really grateful to know if there's any precedent on this!

    Many thanks for any advice! :)
  • JPears
    JPears Posts: 5,086 Forumite
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    Tyzap wrote: »
    I believe there may be some sort of quota system for French national airlines but not 100% sure.
    And the strike was cancelled. Almost every airline except Ryanair and easyJet had flights into Marseille.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • JPears
    JPears Posts: 5,086 Forumite
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    Ferris, I would advise you, that under reg 261/2004, you probably are due reimbursment of the hotel costs as they are obliged to get you to your original destination which clearly is not Gatwick.
    If your rerouted journey had got you to Bristol and no transport then that's not EJs concern.
    Send another communication pointing out the required obligations of EJ. Make it an NBA so you can go to court without any further.letter tennis.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • Banfy2212
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    Hi....Looking for some help/guidance.
    I was in Bilbao in March and the return flight back to Bristol was cancelled, I accept this happens, however the next flight back was 4 days later on the following Thursday. I managed to switch to the next flight to Bristol easy enough; however it was from Barcelona!

    I booked 2 flights to Barcelona that afternoon and incurred a cost of €320. At first, they rejected the claim but when challenged them stating the next flight 4 days later they sent me an e-mail saying they "had" paid that amount & I should send them my receipts for meals and incidental travel. I stated that there were no incidentals for food and travel.

    Despite repeated non-responded to e-mails I am still waiting for the money. Phone calls simply just increase my phone bills as they are not answered.

    Any ideas from anyone who may have been in a similar situation on where I can take this now?
  • jpsartre
    jpsartre Posts: 4,085 Forumite
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    JPears wrote: »
    Ferris, I would advise you, that under reg 261/2004, you probably are due reimbursment of the hotel costs as they are obliged to get you to your original destination which clearly is not Gatwick.


    I agree that's the spirit of the regulations. However, as worded, the right to a hotel when overnight acccomodation is required only materializes when the new flight is the next day which wasn't the case here.
  • jpsartre
    jpsartre Posts: 4,085 Forumite
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    Banfy2212 wrote: »
    I booked 2 flights to Barcelona that afternoon and incurred a cost of €320. At first, they rejected the claim but when challenged them stating the next flight 4 days later they sent me an e-mail saying they "had" paid that amount & I should send them my receipts for meals and incidental travel. I stated that there were no incidentals for food and travel.


    Wouldn't your cost of getting to BCN be incidental travel? That being said, I don't see anything in EU261 that would obligate the airline to cover your cost of getting to BCN. This is a situation where you would have been better off rerouting to, say, London and then making your way to Bristol from there.
  • ferriswheeljunky
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    jpsartre wrote: »
    I agree that's the spirit of the regulations. However, as worded, the right to a hotel when overnight acccomodation is required only materializes when the new flight is the next day which wasn't the case here.


    Thanks for the replies, both! Yes, what I'm worried about is whether easyjet can rely on the letter of the Regulation here. It seems mad that they would have been obliged to put me up for a night in Rome, but could just abandon me at Gatwick overnight in the middle of the journey they're supposed to be arranging... But maybe that is in fact the case!



    My understanding is that my next step would be to take the claim to CEDR - is that right? If so, I'd be reluctant to shell out the fee unless I'm pretty confident of my case.


    Thanks again! :)
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