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Forums Other Flight changes and cancellations help Delay compensation – not travelling

  • gustavo 56 posts

    Hello, my flight yesterday from Marco Polo Venice to Gatwick was severely disrupted early on the day and we decided to book another flight to return home with BA. The flight from easyjet didn’t get cancelled but arrived more than 3 hours without me and my partner. Am I eligible to claim compensation?

    Explanation on why chose to fly with ba last minute: our initial flight to Venice was disrupted for hours on Thursday and got cancelled and we had to arrange a different flight on the next day because there was nothing else on easyjet. We feared yesterday the issue could be the same, so we booked a RFS with BA whilst tickets were available given there was also a film festival yesterday there. Also I spoke with the desk at the airport and there was no way to cancel the ticket and I was already checked in.

    I believe I will put my claim in but not sure if I have got chances.

    Thanks for your help.

    SteveR 44 posts

    I can’t see you getting anything.

    It was not as though the flight was cancelled & Article 8 would come into play.

    Easyjet was under an obligation to feed & water you & if the flight arrived more than three hours late, then compo would probably have been payable

    But you never checked in.

    Lady London 2,112 posts

    No compo you didn’t check in.

    I was particularly gutted that I didn’t have the brains to check in a few years ago anyway, to a last leg Helsinki to St Petersburg, of a very long-haul. Plans had changed and by the time it was scheduled to take off I was on my way to London on Finnair.

    I later found out it was 5 hours delayed and knew I had missed a trick. Still not made St Petersburg and who knows now, when I will?

    gustavo 56 posts

    I don’t know what you mean by check-in as is normal check-in I did that but I didn’t actually use my boarding pass to go through security. I’ll try to make a claim.

    JDB 4,504 posts

    Neither I, nor the two posters above, can understand the basis upon which you propose to claim delay compensation x 2 for a flight you didn’t actually travel on. Even checking in is not sufficient – you actually need to be on board the delayed flight to be eligible for compensation. Are you also planning to ask for a refund and the BA rerouting costs? Please do enlighten us.

    Lady London 2,112 posts

    Easyjet are weasels.

    What reason did they give for delay then cancellation of your outward flight from Gatwick?

    Do you have proof that on your outward flight, after it was cancelled, you gave them the opportunity to reroute you? Did you speak to them, or try to speak to them? or did you go online identifying yourself in their app or website and search for an acceptable replacement flight? With Easyjet in particular ypu must be “seen” to have given them the opportunity.

    Did they offer you hotel accommodation at Gatwick? Did you ask them? You would be entitled to this if needed. Or if you went home until an alternative flight and returned for a flight that had been found, you should claim travel expenses from the airport to your home (as that is your accommodation replacing a hotel if you have a home here) as you are entitled to transport to and from accommodation under.duty of care. If you used your own car I suggest 45p per mile as that is the rate allowed by the Inland Revenue as
    true cost (they may have increased tbis) so should be an acceptable rate to claim if you don’t have public transport tickets to claim.

    Re your return I agree ypu have been treated badly but again you must be careful. At what point did you abandon the Easyjet flight? How late was it, or how late had you been told it waa going to be, at that point? Others may know specifically, but I would say the flight should have been known to be at least 2 hours late, and preferably 3 hours late, before you can say it was due to the delay that you abandoned it and took a different flight.

    The same questions about did you state to Easyjet you needed to travel as close to your booked timing as possible as their delay developed, with a request to them to reroute you on another airline that could meet this timing? before you decided tp go ahead with the BA flight. I am not saying Easyjet’s answer to any of these questions would have been yes, but you need to be able to say you gave them the opportunity before you went ahead, finally, with your own arrangements.

    If you were checked in for the flight (eg online the day before or on the day) then I don’t believe technically you would always have to have gone through security before making your own arrangements. Thus is because like I was in Helsinki, you could already be airside from another flight.

    What you could have done was to call Easyjet if you had already checked in and ask them to offload you from the flight. It’s possible an Easyjet sales desk or checkin desk might also have been able to do it depending on the country and airport. That way you might have made it easier to at least secure a refund if you weren’t on the return flight : so can’t claim on the basis of delay, and if you didn’t give them the chance to reroute you timely as close as possible to the time you had booked and still needed to travel before you decided to follow the backup arrangement you’d made for a flight with BA. Now I believe you can be refused even a refund.

    I suggest to make a separate claim for each leg, the outward leg for compensation and any duty of care expenses, and the return leg explain how very anxious you were to return timely due x… , explain you incurred costs of rerouting yourself and ask for a goodwill refund (not much chance but ypu never know).

    Depending on the reason for flight cancellation, I’d think you have a better chance of compensation for the cancellation of the outward flight (£220). Airlines do sometimes lie and change their reaeons for delay after the event, so read the notes you took about what they said at thw time, and be prepared to persist with a claim. I suggest you have a look at the various threads in the Flight Cancellations and Changes section here on HfP especially the few on Easyjet.

    gustavo 56 posts

    Thank you for all comments and especially @LadyLondon for the thorough reply. I will clarify a few things.

    The flight that was cancelled was from Gatwick to Venice. They mentioned on the app it wasn’t their fault as Gatwick Airport asked Easyjet to delay the flights. Easyjet then cancelled about 15 flights or so on that day and told us we would be able to book hotel and flight to continue our journey. I called Easyjet and they didn’t have a suitable flight with them, so I found a RFS with BA and booked it myself. Because the flight was actually cancelled on the day, I was able to get a refund for that flight. My flight with BA was cheaper than the flight with Easyjet so I left it as is. It did say explicitly on the app the cancellation wasn’t Easyjet’s fault.

    For the flight from Venice to Gatwick, I did speak to quite a few people on the ground and they said there was a film festival and flights before my journey were fully booked. There was no sales desk, but there was a desk that could amend flights and I spoke to them. They said there wasn’t a way to cancel the flight and I did check on no-show penalties and the person advised me there weren’t any penalties, but I would end up just losing the ticket. We then decided to not risk it as it was around 3pm and the flight was already delayed from 8pm to 11pm, fearing the flight could end up being cancelled and due to the film festival we could be stuck there. The flight wasn’t cancelled and did arrive 3 hours after, but I wasn’t on it. I was advised by the sales desk I might be able to claim back taxes as I didn’t fly with Easyjet.

    I understand my claim might not have a basis, so that’s why I wanted to ask in this forum. We had to come back to the UK and we were aware we could end up just losing the ticket but the risk of being stuck there was greater.

    Lady London 2,112 posts

    You can defnitely claim back taxes for any flight you didn’t fly,at least under law in the UK. Departing the UK it tends to be more and from Europe it’s often bvugge*r all though.

    I would make a point of it, as “someone who knows” told me Easyjet knows perfectly well, that they are not entitled to keep taxes for any flight you don’t actually fly ( for whatever reason) but their practice is not to refund unless you ask for it.

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