EASY JET - EU carrier yes or no ?

[The Phantom]

Like so many other people I am in a dispute with Easy jet over a cancelled flight
of which they did not inform us in advance. We were only told at the airport at check-in that the flight was cancelled, because they "forgot" to tell us. All other passengers on that flight were informed in advance and re-booked on the next flight 1 day later. As we were not told this next flight was fully booked by that time and the following one 2 days later was also cancelled. This meant we could only travel 3 days later and incurred repeated travelling costs to the airport, not to mention our holiday being cut short by 3 days.
I have written to Easy jet holding them responsible for costs etc but did not receive a reply (so far)
I have spoken to a solicitor who has advised m that under a EU regulation
Regulation (EC) 261/2004

we may be able to claim compensation for the cancellation as we travelled from a EU airport (Bristol). But another condition for this regulation to be effective is that the carrier must be a EU carrier.
Is Easy Jet still a EU carrier ? I have noticed that their main address is now in SWITZERLAND - paradise country for companies that do not want to come under stringent European laws and regulations as Switzerland is not part of the EU
Any ideas on this please ?

[rjstott]

I don't see anything in the regulation about an EU carrier. Here are some of the definitions:
(a) "air carrier" means an air transport undertaking with a valid operating licence;
(b) "operating air carrier" means an air carrier that performs or intends to perform a flight under a contract with a passenger or on behalf of another person, legal or natural, having a contract with that passenger;
(c) "Community carrier" means an air carrier with a valid operating licence granted by a Member State in accordance with the provisions of Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers(5);
The key criteria is that one end of the flight must be in an EU state.

However, it is likely that because you were not informed of the cancellation that the defined payments do not cover the costs and loss you incurred in which case you are pursuing a breach of contract albeit supported by the referenced EU Regulation. So you can get as a minimum the compensation provided for in the regulation but because they didn't even offer you that a court would likely support a much higher award.

[The Phantom]

I checked on the CAA website and under cancellation it states
"This page lists the rights of air passengers under Regulation (EC) 261/2004 when a flight is cancelled. It only applies to those passengers flying from an EU airport or from an airport outside the EU to an EU airport on an EU carrier" So they are putting in the EU carrier bit. Maybe I should phone them and clarify that, but Easy Jet is also still registered under their Luton Easyland Address where I have written to to hold them legally responsible for my losses &compensation, but they have not had the courtesy to reply so far. So depending on whether that Easyland is a legal address for their company , then that would make them an EU carrier I suppose if they are still registered in the UK.
But you are of course correct about breach of contract, as it clealry states in their terms of carriage that they will make any reasonable effort in contacting you if they have to cancel a flight. In our case they made no attempt whatsoever, so they are in breach of their terms of carriage to start with
I have put that into my letter as well
But if they do reply (who knows whether they ever will) I suppose they will find some sort of loop hole they will try to worm out of and I was trying to gather as much information as possible , as I intend to take the matter to a small claims court if they do not offer me anything or reply to my letter

[rjstott]

I think this EU carrier bit is misleading. Easyjet are an EU carrier if the definitions I posted apply, it doesn't matter whether they are an EU based company. So this legislation applies to all airlines which fit the definition. By all means check it out but the regulation was specifically created to avoid any get out.

In any case unless it is suggested as a defence why worry about it?

[Overdrawn]

Hello Nicole99

Not sure how much use my post will be to you but I can offer you the following information:

Many cancelled flights have been as result of the previous management making a mess of the crew numbers and working hours and so there has been insufficent crew to man the flights. This situation has been handed to the present CEO Andy Harrison (address a letter to him personally at the Luton address) It is costing approximately 7 million pounds to sub-charter some of these flights.

EasyJet are an EU carrier, however EasyJet Swiss ARE NOT.

In the case of flights being cancelled due to operational reasons you are entitled to:
A refund or
Re-booking on another flight if available
Accomodation is not provided, however any hotel costs incurred while awaiting this re-scheduled flight are claimable (up to a limit) but only retrospectively from EasyJet customer Services (which as we all know from the other posts on this forum are appauling)
They will not refund for the "lost" nights at your destination hotel or for the fact that your holiday has been cut short. Nor will they refund for your expenses for travel to/from the airport - pretty pathetic considering profits are estimated to be up 40% this year.

Please keep us updated.

[The Phantom]

In the case of flights being cancelled due to operational reasons you are entitled to:
A refund or
Re-booking on another flight if available
Accomodation is not provided, however any hotel costs incurred while awaiting this re-scheduled flight are claimable (up to a limit) but only retrospectively from EasyJet customer Services (which as we all know from the other posts on this forum are appauling)

They will not refund for the "lost" nights at your destination hotel or for the fact that your holiday has been cut short. Nor will they refund for your expenses for travel to/from the airport - pretty pathetic considering profits are estimated to be up 40% this year.

This sounds like something Easy Jet would be telling people, but according to the EU law / regulation quoted above, cancellation (unless due to very severe and extraordinary circumstances beyond the arlines control / airline has to prove this) a compensation payment is due to the passengers affected. The amount depends on distance and the time frame after which travel could re-commence. (up to or over 2 hrs)
I don't think Easy Jet is beyond or above this law, no matter what they state in their paperwork or tell people ? There are also some other statutory things passengers of cancelled flights are entitled to, no matter what the airline says.
Interestingly, on our return trip (from a German airport) in front of the Easy jet check-in desks the Airport authorities have put a large information sign, advising passengers to ensure they are handed a written statement of their rights in case of delays or cancellations to ensure they are aware of their legal entitlements. No such information sign was at Bristol airport ?!
I think a problem with these EU laws and regulations is that nobody knows about them and carriers that have to adhere to them are busy not to tell you if they can help it
As we were four persons travelling that day Easy Jet should pay compensation of 250 Euro per Person plus our incurred expenses
By not informing us of the cancellation they are in breach of their own terms of carriage anyway
This is what the EU regulation states by the way
http://www.caa.co.uk/default.aspx?ca...90&pageid=4408

[Overdrawn]

Originally Posted by Nicole99

This sounds like something Easy Jet would be telling people

The above (albeit basic) information that I posted is not what EasyJet are telling "people" it is in fact what they are telling their staff - pilots to be precise. Granted, pilots may not have the best knowledge of laws and regulations in this particular field but are told the basics of what the company will/will not compensate for etc.

I really wish you the best of luck with your case and hope that you keep us informed of your progress, I'm sure that some of the people in the more senior roles within Easyland could learn a thing or two from reading these forums

[The Phantom]

Hmm, I think it is worrying that Easy jet still seems to close its eyes regarding current legislation, but there is no if and but, if they operate as a EU carrier hen they have to abide by the EU laws as outlined which means they will have to pay cancellation and delay compensation as outlined by law and not as outlined intheir
paperwork as any legislation will supercede their terms of contract
But to be honest if I hadn't phoned a solicitor I would have never known about this law.
I would have probably believed Easy Jet and thought they managed to put all the necessary disclaimers into their papers to leave me standing in the rain, but that is not so at all
Knowledge is always Power I suppose

[KerryB]

I'm having the same problem claiming from EasyJet, my 6.50pm flight from Stansted was cancelled at the last minute and we were re-routed to Gatwick by taxi to stay in a hotel till the next available flight at 4.40am the next morning (yawn).

Thanks, I've found all the info on this site really helpful and i'm thinking of sending a "Letter before Action" My only concern is that because the holiday was booked through LastMinute.com there is no actual contract between me and EasyJet and I was under the impression that there had to be a contract? Do I need to take action with Lastminute.com instead? Would be glad of any further advice??????

PS sorry if this has already been covered but I've searched around and can't find it.

kerry

[The Phantom]

Hmm, we booked directly with Easy Jet, so we were Easy Jets customers
In your case you may have to go through the actual operator Last Minute . com, depending on what their small print says in case of cancellations ?
You may want to get some legal advise from a solicitor to know exactly where you stand ? I get free legal advise and assistance through my union, don't know if you have access to something similar ?

[StudentInDebt]

KerryB, regardless of your contract with Lastminute it is the operating carriers' responsibility to enact EU Regulation 261/2004.

Did you have to pay for the cost of the transfer and hotel room or was this organised by the airline? Were you paid compensation? You say that you are preparing to send an LBA, have you already contacted Easyjet asking them to resolve the matter? Did you continue with the package that you had booked?

[KerryB]

Hi Studentindebt,

Yes we did have to pay £120 for the cost of transfer to Gatwick and also the hotel (£180). Easyjet advised us of this without asking who we had booked the flight through. We travelled from Gatwick and continued with the package we had booked through Lastminute. As yet we have received no compensation from Easyjet, in-fact we haven't even received a response other than the automated one.

[The Phantom]

I have spoken to the CAA on their telephone helpline and they say it takes Easy Jet on average 8 weeks (!) to acknowledge a letter from a customer. So they say I have not really been waiting that long (4 weeks since my first letter almost 2 since second letter) considering it is Easy Jet I wrote to....
I rest my case
I will wait the deadlines I have given them in my letters and then pursue through the courts

[Brick Driver]

I used to work for a company call Servisair at Bristol who handle all easyjet operations at that airport. I'm not taking sides in this but I will do my best to provide you with information.

First off, why was your flight cancelled? What was the reason given? Under this EU regulation airlines only have to compensate in certain situations. If the cancellation is out of the airlines control, i.e. weather, air traffic control, airport operations they do not have to compensate.

Secondly, you would have flown to Berlin on an Easyjet Switzerland (that was the case when I worked there a year ago) aircraft not an Easyjet UK aircraft. Easyjet base nine aircraft at Bristol but the Berlin flight is operated by an aircraft based at Berlin and registered in Switzerland. Ironically the flight to Geneva is operated by a UK aircraft.

Interestingly, on our return trip (from a German airport) in front of the Easy jet check-in desks the Airport authorities have put a large information sign, advising passengers to ensure they are handed a written statement of their rights in case of delays or cancellations to ensure they are aware of their legal entitlements. No such information sign was at Bristol airport

These ARE displayed on ALL check in desks, ALL ticket desks, ALL boarding gates and the main information desk at Bristol. The airport authority and the DOT religiously check this.

Send a Data Protection request to easyjet. This will contain proof of them trying to or not trying to contact you. I should imagine that they would have sent an email to the address you supplied when you booked rather than telephone or write to you.

As I have said, I am not taking sides but providing some information. I will also try and answer any questions you have.

[The Phantom]

All we were told is that the flight was cancelled for operational reasons
The check in personnel was not only particularly unconcerned but also quite rude
They said that was all they were told. I doubt this will qualify for "exceptional" reasons beyond their control.
Our flight was not to Berlin but to Hamburg, we were however told we could go to Berlin instead which we of course declined . Alternatively the Easy jet staff suggested we could go around the terminal and ask some other airlines whether they would take us to Hamburg instead (we would have to pay for that !) - at that point I could understand why EasyJet satff takes self defense lessons as part of their training
Nowhere at the Bristol airport where any signes advising us that we should ask for written statements of our rights if our flight was cancelled. If I understand the law correctly Easy jet should have provided it to us without being asked anyway
The signs in Hamburg airport are clearly visible at the Easy jet check in desks

Anyway to start with Easy Jet is in breach of their own terms of carriage by not making any attempt to informing us of the cancellations

[The Phantom]

PS : of course I will not chase EasyJet to proove they contacted us. That is up to them if they decide to file a defense at court
They told us they never made any attempt to contact us, they didn't know why, probably "forgot", so that is good enough for me. Why chase them for proof ?
Why waste more of my time ? We surely didn't change our e-mail address and never got an e-mail from them, they didn't phone or write and that is what they told us. So why pursue this any further ?

[Brick Driver]

How far in advance were other passengers contacted? Operational reasons is usually a crew member calling in sick, a flight that has been delayed at some point (which could be out of the airlines control) or technical issues with the aircraft. The more you can get from the airline to back you up the better. So if you have proof that they did not attempt to contact you you will have a stronger case against them.

Best of luck anyhow.