Easyjet hell, confused about compensation

[Zamzara]

I recently flew to Spain/Gibraltar for my step-brother's wedding. About 10 of us were booked with Easyjet from Gatwick to Gibraltar.

We were supposed to leave at 7am on Saturday 20th September, so to get there from the Isle of Wight we had to travel on Friday evening and wait at Gatwick overnight.

The flight was initially delayed by 2 hours, and then by a further 5 hours and was rerouted to Malaga. We were given £9 worth of vouchers each to buy food, but n practice some people couldn't use them as they were too tired and miserable to stand in a queue for 30 minutes.The initial reason given was staff shortage, but when we got on board we were told it was because their pilot wasn't qualified to land at Gibraltar.

A coach was then laid on to take us from Malaga to Gibraltar, about a hundred miles away. This added about a further 7 hours delay, totalling 14 hours.

As I understand it, the EU rules say that you get 400 Euros each compensation if your flight is cancelled, but not if it is delayed. I don't fully understand how the difference is defined, as I would argue what happened to us, with the destination change, made the outcome so different that the effect was the same as a cancellation.

I haven't tried to claim anything yet, as the tickets were all booked by my brother and he is still on holiday.

Does anyone know what we should expect to get? I'm prepared to go to court if necessary.

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[Thailand]

We were supposed to leave at 7am on Saturday 20th September, so to get there from the Isle of Wight we had to travel on Friday evening and wait at Gatwick overnight.

The flight was initially delayed by 2 hours, and then by a further 5 hours and was rerouted to Malaga. We were given £9 worth of vouchers each to buy food, but n practice some people couldn't use them as they were too tired and miserable to stand in a queue for 30 minutes.The initial reason given was staff shortage, but when we got on board we were told it was because their pilot wasn't qualified to land at Gibraltar.

Can't have been any fun. But I think they have fulfilled article 9, due under article 6.

Article 6
Delay
1. When an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure:
(a) for two hours or more in the case of flights of 1500 kilometres or less; or
(b) for three hours or more in the case of all intra-Community flights of more than 1500 kilometres and of all other flights between 1500 and 3500 kilometres; or
(c) for four hours or more in the case of all flights not falling under (a) or (b),
passengers shall be offered by the operating air carrier:
(i) the assistance specified in Article 9(1)(a) and 9(2); and
(ii) when the reasonably expected time of departure is at least the day after the time of departure previously announced, the assistance specified in Article 9(1)(b) and 9(1)(c); and
(iii) when the delay is at least five hours, the assistance specified in Article 8(1)(a). You could have walked out and got a refund, no good of course.
2. In any event, the assistance shall be offered within the time limits set out above with respect to each distance bracket

As I understand it, the EU rules say that you get 400 Euros each compensation if your flight is cancelled, but not if it is delayed. I don't fully understand how the difference is defined, as I would argue what happened to us, with the destination change, made the outcome so different that the effect was the same as a cancellation.

They got you to your destination, so it's definately not a cancellation. I'm only giving an opinion, I'm no expert on this....so please don't take it as gospel.

Gib is a grey area reading the regs, though I don't think it matters, as as far as I can see only article 8(1)(a) and 9(1)(a) and 9(2) apply.

If it was me I'd still write to Easyjet and set out why you were not happy, and telling them what you want.

EUR-Lex - 32004R0261 - EN

[Conniff]

I would say it was a cancellation.

A flight was booked for a 0700 departure to Gib.
You were on a flight at 1400 to Malaga.

Has no comparison, I would go for the lot.

[Thailand]

I am getting very cynical about this now, maybe Easyjet did just cancel it and moved you over to an alternative, which would clearly be a cancellation. The two different stories you got are very suspicious and commonplace when they are fibbing.

Did they change your flight number Zamzara? That would be a good start. If it was merely a re-routing I think this would apply:

Sometimes airlines are unable, for any number of reasons, to fly to the destination printed on the ticket. If your flight is diverted, the airline must get you to the destination airport on your ticket or reservation* - at no extra cost to you. Sometimes the airline may arrange buses or ask you to take a train and send in the receipt to be reimbursed. The AUC would prefer that passengers were not asked to make the initial outlay in this way, but accepts that it may sometimes be unavoidable. The important point is that it should, in the end, not cost you any extra to get to your destination. However, if the airline arranges a bus and you choose to go by other means you will have a struggle to get the airline to reimburse you.

*The main exception to this would be if a flight was disrupted to avoid war or civil strife

http://www.caa.co.uk/default.aspx?ca...90&pageid=4432

I would still write to Easyjet, then the AUC. I would also read the Montreal convention. If you think you have a case obviously you could win in court.

Good luck with this.

[Zamzara]

Thanks for the info.

Another question I have is if we turn out not to be entitled to the fixed compensation, can we claim actual losses under general consumer laws? The terms and conditions obviously exclude all liability, but as such terms generally have no effect, is there a statutory exemption for airlines?

[FordAnglia]

It may be worth checking the flightmole forum Flight Mole Forum which discusses these matters in more depth and look at claims that other passengers have made against EasyJet and other airlines for cancellation and delay

[Thailand]

Totally agree, It's always my first port of call. Hugh & crew certainly know their apples. I just wish the site was bigger, but they certainly know how to rubbish an 'extraordinary circumstance' claim. Not relevant to this this thread...but worth knowing.

[Zamzara]

Well the situation so far is I wrote to them asking for €400, and quoted the case of Harbord.

They initially seemed to be cooperating, admitted that the flight had been canceled, and asked for the names of the other people on the flight.

But then they wrote back saying the disruption was due to extraordinary circumstances and that I would receive nothing, but they didn't even bother to say what the extraordinary circumstances were!

So today I've sent a LBA, and unless they give in first we'll see if they turn up in court to explain these 'extraordinary' circumstances.

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[scaniaman]

Well Zamzara, if you don't get any joy from easyjet, report them to the Civil Aviation Authority. They have a customer complaints section and will investigate for you. Email Phill.Pearce@caa.co.uk, and he shall respond.
Regarding these EU rules,and €400 compensation, can anyone tell me what the timescale is when a flight is cancelled. ie has it only to be a short time before take off, or can it be several days/weeks?

[MARTIN3030]

Have a look here

http://www.caa.co.uk/default.aspx?ca...ype=68&gid=355

[Zamzara]

Their response to my letter before action was a resending of the same 'extraordinary circumstances' letter, with a few words changed near the end. The letter is obviously just a canned response and shows they haven't even looked into the circumstances.

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[Folkiedave]

In my experience companies like this only take any notice one the summons has been received. Good luck.

[Conniff]

There is now a new address to send complaints about airline problems and compensation claims to:

passengersrights@ec.europ a.eu

This is an office set up for exactly the things you are complaining off.

Also have a look at this:

http://ec.europa.eu/transport/air_po..._poster_en.pdf

There is no space between the 'p' and the 'a' in the europa of the email address, the forum inserted that.

[Zamzara]

I don't want to complain though. Easyjet have clearly stated they are not interested. Does that body have the power to award compenation, and do I have to use them rather than going to court?

[Zamzara]

Right I've just found out it is a criminal offence under the Civil Aviation Regulatons 2005 (2005/975) to fail to pay the prescribed compensation.

Therefore I have also complained to the AUC and asked them to take action, but unless they assure me they can get the compensation paid as well, court action starts Monday morning.

[Zamzara]

N1 has been issued.

Also was quite please to see this today.

[Zamzara]

Easyjey have been taking me for a fool and trying to get me to sign a waiver/confidentiality agreement/statement of non-liability. I told them no. Being muppets, they admitted the full claim to the court anyway but still haven't paid.

I have now received a CCJ against them for £385 to be paid forthwith. I'm about to write and say that unless they pay very quickly, they can expect the bailiffs.

I'm also instigating a further criminal complaint for misleading actions under the Protection from Unfair Trading Regs 2008.

[Folkiedave]

Superb - keep going and let us know how you get on.

[Zamzara]

They eventually paid up in full the same day I asked the court for a warrant of distress. The court were able to refund the fee for that.

The CAA say they are investigating, TS haven't responded, pretty much as expected.