Reply To: easyJet EU261 claim (UK domestic)

[SamG]

JDB wrote:

SamG wrote:

I think you are still OK

“If a delay is at least five hours, then you are entitled to choose between being re-routed or reimbursed in the same manner as if your flight had been cancelled.”

https://www.which.co.uk/consumer-rights/regulation/denied-boarding-eu-regulation-regulation-261-2004-ec-a0gj36Y9oN79#flight-delay-assistance

The problem is that he didn’t give EasyJet the opportunity to do either of these things. Once you go off and do your own thing (which was quite understandable in this case) and don’t give the airline themselves the opportunity to put things right, you are effectively waiving your rights and can’t rely on them compensating you ex post facto. He seemingly didn’t cancel his booking or tell them what he proposed. The pax who travelled on the delayed flight the next day will get compensation if they apply, but those who elected to make their own arrangements probably won’t. There is a chance ADR might find in favour which would be luck rather than the technical position.

Indeed. I’m not sure how much airlines dig into “did you give them the opportunity” as I’m sure they all know they are generally useless at having staff on the ground/accessible by phone in these situations, especially at outstations! But you should always try and call & keep evidence