Jump to content


Getting compensation from Easyjet - are the Civil Aviation Authority any use?


Markas81
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4189 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I've been reading around a lot of threads involving people with similar stories to mine. I'd be interested in people's views on how we may progress a dispute with Easyjet. In particular, about third parties who may help, such as the CAA.

 

We had a flight from Turkey to London Gatwick cancelled upon arrival at Dalaman airport last July. I still have no idea why as there were no easyjet staff to explain, they simply asked turkish airport staff who spoke hardly any english to break the news. As such, they were not capable of booking us onto alternative flights and we found a seat on another airlines plane, about 6 hours later.

 

I've subsequently noticed that our booking records show that Easyjet had transferred our name onto another Easyjet flight that left turkey about a day after we did. I don't know how this came about as we never had the chance to discuss changing flights with EJ.

 

I am aware of our rights to compensation under EU laws, except under exceptional circumstances. No such circumstances have been provided. However, they consider we are not entitled to compensation as, under the terms and conditions, we must notify easyjet if we do not wish to accept an offer of an alternative flight. (Even, it seems, if we are not informed of this offer!) Incidentally I haven't seen this in ther Ts&Cs.

 

Having seen that EJ staff seem to pay no attention to correspondence trails and change their arguments as they see fit, we have informed the Civil Aviation Authority, who consider we have a case. Unfortunately, they advise they are exceptionally busy due to the ash cloud backlog. They do not seem to be in any hurry to reply.

 

Should I be pushing the Civil Aviation Authority? Or is there another organisation that may be able to assist? It seems the only way to get anywhere is to threaten court action - is this the only way to actually get someone onto our case?

Link to post
Share on other sites

I've been reading around a lot of threads involving people with similar stories to mine. I'd be interested in people's views on how we may progress a dispute with Easyjet. In particular, about third parties who may help, such as the CAA.

 

We had a flight from Turkey to London Gatwick cancelled upon arrival at Dalaman airport last July. I still have no idea why as there were no easyjet staff to explain, they simply asked turkish airport staff who spoke hardly any english to break the news. As such, they were not capable of booking us onto alternative flights and we found a seat on another airlines plane, about 6 hours later.

 

I've subsequently noticed that our booking records show that Easyjet had transferred our name onto another Easyjet flight that left turkey about a day after we did. I don't know how this came about as we never had the chance to discuss changing flights with EJ.

 

I am aware of our rights to compensation under EU laws, except under exceptional circumstances. No such circumstances have been provided. However, they consider we are not entitled to compensation as, under the terms and conditions, we must notify easyjet if we do not wish to accept an offer of an alternative flight. (Even, it seems, if we are not informed of this offer!) Incidentally I haven't seen this in ther Ts&Cs.

 

Having seen that EJ staff seem to pay no attention to correspondence trails and change their arguments as they see fit, we have informed the Civil Aviation Authority, who consider we have a case. Unfortunately, they advise they are exceptionally busy due to the ash cloud backlog. They do not seem to be in any hurry to reply.

 

Should I be pushing the Civil Aviation Authority? Or is there another organisation that may be able to assist? It seems the only way to get anywhere is to threaten court action - is this the only way to actually get someone onto our case?

 

Stick with the AUC (the complaints arm of the CAA which I assume is what you mean) and be patient. They will eventually get an answer to you. There is no other organisation that can assist in the same way.

 

A few questions to you though:

 

Did you try to contact EJ at all during your time at Dalaman airport? Via phone, email, or the EJ website? If you have not indicated to the airline what your wishes were once the flight was cancelled they would have placed you on the earliest available flight to your destination. Did you tell the airline at the time or subsequently that you had made alternative arrangments?

 

You might also wish to post your question on www.flightmole.com

Link to post
Share on other sites

Easyjet were completely unavailable to passengers and airport staff on the night of the incident, there was no way to contact them. The turkish staff simply handed out a standard leaflet stating that we could either accept a re-routed flight (this is what i thought the staff were on hand to do although this never happened, presumably they can't arrange this unless they talk to easyjet) or go with someone else and get a refund.

 

We didn't contact them afterwards as we were never made aware of a need to, i couldn't see anything about this in their terms and conditions. We only discovered they had put us on another flight by chance later on but this became their excuse for compensation. We persisted and they went on to offer a small reimbursement, although this doesn't even cover the cost of the ticket without taxes, so I'm not sure what that's based on.

 

I would like to hear from someone in authority other than Easyjet that this is genuine grounds for refusing compensation. It seems unfair to refuse because we failed to decline an offer we never knew they would make to us. Obviously going down the legal action route is going to be costly, whereas the AUC presumably should not. My only concern is that they have too much work to cope with after the volcanic ash cloud - the more time passes the more you wonder what they are doing with the inquiry. Perhaps all i can do is chase for an update.

Link to post
Share on other sites

Easyjet were completely unavailable to passengers and airport staff on the night of the incident, there was no way to contact them. The turkish staff simply handed out a standard leaflet stating that we could either accept a re-routed flight (this is what i thought the staff were on hand to do although this never happened, presumably they can't arrange this unless they talk to easyjet) or go with someone else and get a refund.

 

We didn't contact them afterwards as we were never made aware of a need to, i couldn't see anything about this in their terms and conditions. We only discovered they had put us on another flight by chance later on but this became their excuse for compensation. We persisted and they went on to offer a small reimbursement, although this doesn't even cover the cost of the ticket without taxes, so I'm not sure what that's based on.

 

I would like to hear from someone in authority other than Easyjet that this is genuine grounds for refusing compensation. It seems unfair to refuse because we failed to decline an offer we never knew they would make to us. Obviously going down the legal action route is going to be costly, whereas the AUC presumably should not. My only concern is that they have too much work to cope with after the volcanic ash cloud - the more time passes the more you wonder what they are doing with the inquiry. Perhaps all i can do is chase for an update.

 

Firstly, if you didn't fly with EJ on your return flight then you are entitled to a full refund for that flight. The AUC is the 'authority' and you should be guided by them but this will take time. All complaints are logged at the AUC and you will eventually receive a response from them. If you do chase the AUC I would leave it 3 months following their first acknowledgement to you.

 

Other than the AUC, the only authority would be a county court judge. Dependent on whether you deem it worth the investment of your time plus persistence and no little patience then the small claims track offers a relatively inexpensive route to justice. Issue, allocation and hearing fees may come to £250-300 all up which are recoverable from the defendant if you win. If you lose you would have to pay the limited costs of the airline - £50 each to barrister, solicitor and witness plus their travel costs to court so the court route is not that costly.

 

You might like to investigate whether you have access to legal expenses cover via your household contents insurance policy. Many people don't realise that this benefit is bundled into this policy and would enable you to take advantage of a legal helpline as well as having a solicitor appointed to conduct your case for you, saving you the court fees I have noted above.

 

Have you yet written to EJ asking for the reason for the flight cancellation? What have they replied with? What was the date/flight number of your cancelled flight?

 

Make sure that you have read and re-read EC 261/2004 as well as the Wallentin-Hermann ECJ judgement (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62007J0549:EN:HTML) to understand actually how little airlines can get away with in the event of a cancellation.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...