Forums › Other › Flight changes and cancellations help › Next step after easyJet rejects duty of care claim › Reply To: Next step after easyJet rejects duty of care claim
It’s the same as any complaint to anyone before proceeding to arbitration, ombudsman for the industry concerned, or especially legal action (such as MCOL). Similar would be for, say, a chargeback or especially a Section 75 claim.
Basically before taking it beyond interacting with the entity you’re complaining to, you need to show you gave them an opportunity to resolve it and that you were reasonable. What that takea isn’t usually strictly specified but broadly, any of the following 3 will be enough :
1. You tried to resolve it with them for 8 weeks, whether or not they ignored you, just made it difficult or kept refusing;
2. You asked/tried 3 times and did not get satisfaction;
3. They’ve said they won’t deal with it any further, said they refuse to deal with it (or it’s not them), or said/confirmed (you can ask them to confirm) they’ve given their final answer.
Moneysavingexpert dot com is a good source of info on this sort of thing (though they have been slightly inaccurate on EU261 detail).
If the company ia finger-pointing and saying someone else is responsible (eg Virgin tickets you on ANA then ANA cancels your flight and they each point to each other as responsible for rerouting you or both deny responsibility), then address all further correspondence and any official complaint or MCOL to both (or all, if more than 2 companies) jointly. No To one and Cc the other. Both on the ‘To’ line. And Dear Virgin then next line Dear Ana then the body of your email or letter, for example. The adjudicator or ombudsman or court should sort out which of them is responsible….You don’t care but you are not going to leave a gap where if you mcol or complain about one company the other party is not there to have judgment made to give you what you want too if it’s them and not the other one.
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