Maximise your Avios, air miles and hotel points

Forums Other Flight changes and cancellations help easyJet EU261 claim (UK domestic)

  • Bill 177 posts

    I was sat on board when we were advised the steps would be re-attached and that there was a problem with the reverse thrust on one of the engines.
    The pilot said that reverse thrust was 100% required due to the short runway in IOM. He explained that in the very unlikely event of an aborted take off the reverse thust would be used to stop the plane.

    The captain said that Easyjet Ops had an engineer ready to fly to the IOM to fix the fault but he wouldn’t have sufficient time, due to a night curfew in IOM for noise abatement reasons. The captain said even if the engineer arrived in IOM and fixed it the plane would be able to depart.

    Flight was as follows:

    Isle of Man to Liverpool EZY642

    Departs: Sat 26 Feb 2022 20:00
    Arrives: Sat 26 Feb 2022 20:40

    All passenger received an email as follows:
    We’re pleased to let you know that we’ve now confirmed the new details for your overnight delayed flight.
    Your new flight details:
    Your new flight number is 9642 and your flight will now depart on 27-02-2022 at 11:00 local time

    The flight actually departed 12:52 and landed 13:18

    Note that they add a “9” to the start of the flight number for overnight delayed sectors and auto rebook passengers.

    Whilst sat on the Easyjet flight on Saturday evening, as soon as the captain informed us of the overnight delay I booked the following on Sat 26/02/2022 20:45.

    Alternative flight that I booked:

    Loganair
    Flight LM0693
    Isle Of Man To: Manchester
    Date: 27 Feb 22
    Depart: 09:30
    Arrive: 10:20

    So, I was a no show for the Easyjet flight on Sunday 27 Feb.

    I have asked Easyjet for the following:

    1) £220 EC261 compensation (Decision pending)
    2) £87.70 alternative transportation (Expenses claim has been rejected)

    Can anyone confirm that I am definitely entitled to the Compensaiton and also whether my expense claim is valid (even thought they have already rejected it). The expense clai was rejected due to: “easyJet flights were available within 24 hours of your disrupted flight”

    • This topic was modified 54 years, 6 months ago by .
    Lady London 2,141 posts

    Irrelevant objection from Easyjet. You needed to get home that night. All sorts of reasonable reasons for this in terms of who knows what or who needed you to be there the same day/evening as booked.

    I think you should really have informed EZ you were not going to be on their alternative flight offering. As you did need to travel at the same time or as close as possible and could not wait for the following day.

    You should probably also have requested EZ to book you onto an alternative flight ie given them the opportunity to book you onto an alternative flight at as near as possible the same time and mentioned the availability of the Loganair. EZ would of course have refused but you really should have given them the opportunity.

    If it was complete chaos, long queues, impossible to get to speak to anyone etc, in any dispute ypu should mention these factors. Plus of course short time available to try to speak to someone at EZ before the only other flight as reasonably close to your cancelled flight as possible was scheduled to depart. I imagine Easyjet reps were overwhelmed sorting out hotel accommodation for stranded passengers too. So practically you might not have been able to reach EZ in the time available.


    @Sam
    G would know if letting EZ know you wouldn’t be on the alternative flight is obligatory or just a sensible courtesy.

    Mechanical problems are not.an exceptional circumstance so I am guessing you are owed compensation.

    What do others think?

    Bill 177 posts

    The flight on 26 Feb was the last flight of the day. There were no alternatives either on easyJet or another carrier. I booked the first flight on Sunday morning. The first flight operated by easyJet to any destination on Sunday was in fact the 9642 for which I did not check in

    SamG 1,683 posts

    Your flight was cancelled so I believe you are entitled to a reroute “under comparable transport conditions at the earliest opportunity” which the flight you booked seems to have met the definition of. If Easyjet did not offer that then they owe you the flight cost as a refund. Easyjet can have whatever internal rules they want but doesn’t replace your rights

    Easyjet is a ticketless airline so I’m not sure letting them know you wouldn’t have been on the flight would have achieved much but is usually a good idea where possible

    • This reply was modified 54 years, 6 months ago by .
    Lady London 2,141 posts

    ****Just typed a further few paragraphs here in reply to Bill’s further information.

    The.system has completely ignored it when submitted
    My reply painstakingly typed, has just disappeared.
    Also the system decided I wasn’t logged in. (Strange, since I’d already posted the earlier response above and was definitely logged in to do that).

    Logged back in again, and seen that while I was typing a further reply to Bill, Sam G has replied.

    The system has definitely lost replies before when someone else posted to the same thread meanwhile.

    And no idea why it should decide I’m not logged in when I’ve been typing a reply – which can only be done if ypu’re logged in.

    I may not be one of the glitterati HfP readership as I am not typing on an i-Thing but it’s not possible to one finger type it all again on my Android.
    ******

    Bill 177 posts

    Compensation claim for £220 rejected as well now.

    I’ve sent it to ADR

    Bill 177 posts

    ADR have accepted my case and passed it on to the airline

    Bill 177 posts

    The airline is defending the claim, so i would be grateful if someone could clarify my next steps.

    To recap: I claimed expenses of £87.70 and EU compenation of £220 due to an overnight delay. My Easyjet flight to Liverpool was the last flight of the day to anywhere from IOM and I booked the first flight on the following day which was Loganair to Manchester at 0930. The rescheduled easyjet flight was scheduled to depart at 1100. ATD was 1244. I was a no show for the rescheduled Easyjet flight.

    Quote from the defense:
    The Regulation provides no right to compensation pursuant to Article 7 of the Regulation for a delayed flight.
    As the Passenger did not travel on the delayed Flight, it is denied that they suffered a delay on arrival of 3 or more hours in reaching their final destination.
    In short, the Airline maintains that it is not liable to pay compensation and or alternative flight expenses to the Passenger pursuant to the Regulation and or easyJet terms and conditions of carriage

    NorthernLass 8,260 posts

    Surely you’re claiming for cancellation, not delay, therefore EJ is barking up the wrong tree?

    Bill 177 posts

    Surely you’re claiming for cancellation, not delay, therefore EJ is barking up the wrong tree?

    Indeed. My flight was 642. The re-arranged flight was 9642.

    “The Airline admits that the flight was delayed overnight (OND). It operated on 27 February 2022 with a revised flight number EZY9642 to avoid conflicting call signs”

    The airline has not mentioned Article 8 in their defence.

    This bit in their defence made me laugh

    “The Airline denies that it is liable to pay compensation pursuant to Regulation (EC) No.
    261/2004 (the “Regulation”) or otherwise as the Flight does not fall within the scope of the
    Regulation on the basis that it was not delayed on arrival at its final destination by 3 or more
    hours”

    I now need to add comments to the ADR.

    What’s the best thing to write please?

    • This reply was modified 54 years, 6 months ago by .
    JDB 4,643 posts

    While it seems rather unfair, I think EasyJet may be technically correct and this is a delay not a cancellation. In this specific instance, I don’t think adding the ‘9’ to the flight number helps as this is standard to avoid flight number clash. Once you make your own arrangements and also don’t advise EZY what you are doing or cancel your booking, you are trading away your rights for convenience. Technically, as you were not on the delayed flight the next day, you weren’t delayed so compensation not due. I’m not sure that Article 8 is engaged, particularly when the delayed flight was only expected to be 90 minutes after the one you booked and was to a different destination.

    SamG 1,683 posts

    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

    JDB 4,643 posts

    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.

    • This reply was modified 54 years, 6 months ago by .
    Lady London 2,141 posts

    Whatever he did the delay getting home was always going to be more than 5 hours. So this was the same as a cancellation – based on the link provided by SamG and the case mentioned towards the end – especially as the passengers were in all cases forced to travel the following day.

    If it’s treated as a cancellation due to the delay over 5 hours and even the same airline could only offer a flight the following day then there are no exceptional circumstances exempting the airline ftom paying compensation as the airline is responsible for its mechanical problems.

    The flight the passenger rerouted onto arrived notably earlier and very much closer to the originsl landing time. I presume there was a good reason why the failing airline was not able to be reached when the next available flight was taken instead. After 5 hours the passenger was entitled to choose to reroute on the next available flight as in the link preovided by SamG.

    A reroute doesn’t have to be a perfect reroute. Faced with what at the time we were told was a cancellation and being given a different flight number leaving not even early the following day and well over 5 hours delay I woukd have immediately rerouted myself home by a sooner way. LPL and MAN would be equally convenient to a lot of people, I wouldn’t see any difference between that and switching from Heathrow to Gatwick.

    And contacting anyone from Easyjet at the airport prob impossible due to queues. Rudeness in not informing them you’re not taking a flight they held a seat for you on without asking you, is not illegal. First I’ve heard about the “9′ and I wouldn’t have noticed it. I’d have just regarded it as sn unsatisfactory rerouting on a different flight I didn’t want and tried to get home asap.

    Easyjet may be able to weasel out of it as JDB says but to me the essence is that this delay was effectively a cancellation and even presented as such by the way Easyjet wrote the email.

    Lady London 2,141 posts

    PS take a look at the case in SaG’s link and quote it esp if it says +5hrs delay=cancelkation or anything similar

    Lady London 2,141 posts

    PS take a look at the case in SamG’s link and quote it esp if it says +5hrs delay=cancellation or anything similar

    I take it you had no hotel expenses? If so then those and any transport to snd from hotel are also claimable under duty of care (separate part and also claimable as well as compo)

    SamG 1,683 posts

    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

    Bill 177 posts

    ADR said “no” to the expenses and compensation. They deemed it not to be cancelled but delayed overnight.

    AXA insurance held via Platinum card declined my claim saying the claim is recoverable from other sources.

    I’ve emailed AXA saying no other source is going to pay me anything. Other than a refund for the flight so I have asked AXA to review my travel inconvenience claim.

    Lesson learnt for the future !

    JDB 4,643 posts

    ADR said “no” to the expenses and compensation. They deemed it not to be cancelled but delayed overnight.

    AXA insurance held via Platinum card declined my claim saying the claim is recoverable from other sources.

    I’ve emailed AXA saying no other source is going to pay me anything. Other than a refund for the flight so I have asked AXA to review my travel inconvenience claim.

    Lesson learnt for the future !

    You didn’t by any chance pay for the tickets on BAPP so you could claim on the travel inconvenience insurance?

    Bill 177 posts

    Amex Platinum

    Bill 177 posts

    Today I got a call back from AXA informing me the claim would be paid “as a gesture of goodwill”. I decided not to debate that comment. So they’re paying me the £87.80

    • This reply was modified 54 years, 6 months ago by .
  • You must be logged in to reply to this topic.

The UK's biggest frequent flyer website uses cookies, which you can block via your browser settings. Continuing implies your consent to this policy. Our privacy policy is here.