Cancelled flight...
Discussion
We had the kids with us and EJ couldn't fly us back until Sunday (today) at the very earliest, the kids needed to be back yesterday at the latest so we didn't really have any other choice than to book with another airline. I've filled in the forms online and dropped them an email so I will have to wait and see what they say now. Thanks for all the advice though guys, very much appreciated.
EJ T&C
2. Right to reimbursement or re-routing
Has your flight been cancelled? If so you can also obtain:
reimbursement for the part journey not made; or
reimbursement for the part or parts of your journey already made if the flight no longer serves any purpose in relation to your original travel plans, together with, where relevant, a return flight to the first point of departure, at the earliest opportunity; or
re-routing, under comparable transport conditions, to your final destination at the earliest opportunity; or
re-routing, under comparable transport conditions, to your final destination at a later date at your convenience, subject to availability of seats.
2. Right to reimbursement or re-routing
Has your flight been cancelled? If so you can also obtain:
reimbursement for the part journey not made; or
reimbursement for the part or parts of your journey already made if the flight no longer serves any purpose in relation to your original travel plans, together with, where relevant, a return flight to the first point of departure, at the earliest opportunity; or
re-routing, under comparable transport conditions, to your final destination at the earliest opportunity; or
re-routing, under comparable transport conditions, to your final destination at a later date at your convenience, subject to availability of seats.
Sheepshanks said:
Heres Johnny said:
This is probably complicated by you not waiting until easyJet flew you, Sounds like you took a refund at which point your contract with them ended, and booked elsewhere.
If they cancelled your flight and put you in a later one things would have been different.
Surely once they cancel the flight then it's game over and you're entitled to make your own arrangements.If they cancelled your flight and put you in a later one things would have been different.
It used to be that airlines' only obligation on a scheduled flight cancellation was to refund your money. You could end up being abandoned anywhere.
Edited by Heres Johnny on Sunday 20th August 15:37
Heres Johnny said:
Sheepshanks said:
Heres Johnny said:
This is probably complicated by you not waiting until easyJet flew you, Sounds like you took a refund at which point your contract with them ended, and booked elsewhere.
If they cancelled your flight and put you in a later one things would have been different.
Surely once they cancel the flight then it's game over and you're entitled to make your own arrangements.If they cancelled your flight and put you in a later one things would have been different.
It used to be that airlines' only obligation on a scheduled flight cancellation was to refund your money. You could end up being abandoned anywhere.
Edited by Heres Johnny on Sunday 20th August 15:37
so much b
ks on the thread, if they cancel the flight and you rebook there contract doesn't end. As stated the compo is decided by the reason of cancellation.
http://www.which.co.uk/consumer-rights/advice/i-ha...
''If you're travelling with an airline based in the EU or with a non-EU based airline flying from an EU airport, you're protected by the Denied Boarding Regulation.''
''Compensation for cancelled flights depends on the reason for the cancellation.
If the airline can prove the cancellation was caused by ‘extraordinary circumstances’, no compensation is payable.''
''If your booked onto an alternative flight (airlines call this rerouting) to your destination, you can claim for the delay based on your original flights arrival time.
Flight distance How late arriving Entitlement
Up to 1,500km (932 miles) More than 3 hours €250''
if they are waiting then the can claim for
'They must also offer you meals, refreshments and hotel accommodation as appropriate whilst you wait for a rearranged flight.''
ks on the thread, if they cancel the flight and you rebook there contract doesn't end. As stated the compo is decided by the reason of cancellation.http://www.which.co.uk/consumer-rights/advice/i-ha...
''If you're travelling with an airline based in the EU or with a non-EU based airline flying from an EU airport, you're protected by the Denied Boarding Regulation.''
''Compensation for cancelled flights depends on the reason for the cancellation.
If the airline can prove the cancellation was caused by ‘extraordinary circumstances’, no compensation is payable.''
''If your booked onto an alternative flight (airlines call this rerouting) to your destination, you can claim for the delay based on your original flights arrival time.
Flight distance How late arriving Entitlement
Up to 1,500km (932 miles) More than 3 hours €250''
if they are waiting then the can claim for
'They must also offer you meals, refreshments and hotel accommodation as appropriate whilst you wait for a rearranged flight.''
The Spruce goose said:
so much bks on the thread, if they cancel the flight and you rebook there contract doesn't end. As stated the compo is decided by the reason of cancellation.
http://www.which.co.uk/consumer-rights/advice/i-ha...
''If you're travelling with an airline based in the EU or with a non-EU based airline flying from an EU airport, you're protected by the Denied Boarding Regulation.''
''Compensation for cancelled flights depends on the reason for the cancellation.
If the airline can prove the cancellation was caused by ‘extraordinary circumstances’, no compensation is payable.''
''If your booked onto an alternative flight (airlines call this rerouting) to your destination, you can claim for the delay based on your original flights arrival time.
Flight distance How late arriving Entitlement
Up to 1,500km (932 miles) More than 3 hours €250''
if they are waiting then the can claim for
'They must also offer you meals, refreshments and hotel accommodation as appropriate whilst you wait for a rearranged flight.''
Sadly I think this may also be bks on the thread, if they cancel the flight and you rebook there contract doesn't end. As stated the compo is decided by the reason of cancellation.http://www.which.co.uk/consumer-rights/advice/i-ha...
''If you're travelling with an airline based in the EU or with a non-EU based airline flying from an EU airport, you're protected by the Denied Boarding Regulation.''
''Compensation for cancelled flights depends on the reason for the cancellation.
If the airline can prove the cancellation was caused by ‘extraordinary circumstances’, no compensation is payable.''
''If your booked onto an alternative flight (airlines call this rerouting) to your destination, you can claim for the delay based on your original flights arrival time.
Flight distance How late arriving Entitlement
Up to 1,500km (932 miles) More than 3 hours €250''
if they are waiting then the can claim for
'They must also offer you meals, refreshments and hotel accommodation as appropriate whilst you wait for a rearranged flight.''
ks.The EU compensation is only available for delays boot caused by extraordinary circumstances.
I think (but am not certain) that the Airlines responsiblity to get their customer hone is less easily removed.
https://publicapps.caa.co.uk/docs/33/CAP1126%20You...
Our EasyJet flight was delayed for an hour, then four hours, then overnight. Their fault, problem with a door then crew over their hours. Huge queue at service desk to sort out accommodation; we mentioned to an airline rep that we only stayed about half an hour away and it would be just as easy for us to get a taxi home. She agreed that would be helpful to them as well, and told us to get receipts for everything. We also had to cancel a hotel at our destination, and a couple of international phone calls ensured our hire car would be held for us, rather than an expensive cancellation and re-booking.
EJ did stump up the statutory compensation, but our expense claim (just under £200 for taxis, cancelled hotel, miscellaneous food and phone calls) was bounced, because we hadn't waited around for EJ to put us up for the night - which with transport, short-notice hotel booking and meals would have come in a lot more expensive. Various other weasel excuses offered. My wife phoned up and spoke quietly and calmly to EJ, who advised her to resubmit with covering letter. Bounced again with a variety of taking-the-piss excuses. This time the phone call to EJ was a bit more forceful but they completely stonewalled her.
Now at a loss what to do. Don't want to get into bed with 'no win no fee' shower.
EJ did stump up the statutory compensation, but our expense claim (just under £200 for taxis, cancelled hotel, miscellaneous food and phone calls) was bounced, because we hadn't waited around for EJ to put us up for the night - which with transport, short-notice hotel booking and meals would have come in a lot more expensive. Various other weasel excuses offered. My wife phoned up and spoke quietly and calmly to EJ, who advised her to resubmit with covering letter. Bounced again with a variety of taking-the-piss excuses. This time the phone call to EJ was a bit more forceful but they completely stonewalled her.
Now at a loss what to do. Don't want to get into bed with 'no win no fee' shower.
Not the CAA any more.
We had a claim a couple of years ago, 4 hour delay, ILS failure at Belfast, our flight was delayed from Manchester, crew over hours, undercarriage problems, thought it was cast-iron, but eventually rejected by CAA.
CAB said:
PACT (the CAA's Passenger Advice and Complaints Team) will only consider your complaint if the airline or airport involved is not a member of an approved alternative dispute resolution (ADR) body.
CABWe had a claim a couple of years ago, 4 hour delay, ILS failure at Belfast, our flight was delayed from Manchester, crew over hours, undercarriage problems, thought it was cast-iron, but eventually rejected by CAA.
I had a similar experience a couple of years ago. Evening flight delayed and then cancelled, and told to turn up at 08:00 next day for replacement flight. Turned up at 08:00 and told flight wasn't until 15:00. As we had small child with us, and didn't fancy trying to entertain said small child in an airport for that long, went over to the BA desk and got a flight back leaving in the next hour.
Easyjet paid out the overnight stay in the hotel and refunded the flight without issues. But played real hard ball about compensation (bear in mind I was out of pocket by over £500 because of the price difference in the flights). Initially they refused to pay out because they claimed we had made our own way back. After a little back and forth, I logged a claim with the CAA:-
https://www.caa.co.uk/Passengers/Resolving-travel-...
There's no charge for this, and after about 6 weeks, they ruled in my favour. Easyjet still refused to pay out, again citing my use of alternative flights, but a few posts on their Facebook page later, quoting my CAA reference, and customer services got in touch to organize payment.
Obviously I don't know the reason why your flight was delayed, but the fact that you were able to get an alternative flight suggests that it was Easyjet issue, and not exceptional circumstances. My advice to OP is, don't let Easyjet fob you off, and don't think twice about lodging a claim with the CAA.
Easyjet paid out the overnight stay in the hotel and refunded the flight without issues. But played real hard ball about compensation (bear in mind I was out of pocket by over £500 because of the price difference in the flights). Initially they refused to pay out because they claimed we had made our own way back. After a little back and forth, I logged a claim with the CAA:-
https://www.caa.co.uk/Passengers/Resolving-travel-...
There's no charge for this, and after about 6 weeks, they ruled in my favour. Easyjet still refused to pay out, again citing my use of alternative flights, but a few posts on their Facebook page later, quoting my CAA reference, and customer services got in touch to organize payment.
Obviously I don't know the reason why your flight was delayed, but the fact that you were able to get an alternative flight suggests that it was Easyjet issue, and not exceptional circumstances. My advice to OP is, don't let Easyjet fob you off, and don't think twice about lodging a claim with the CAA.
surveyor said:
Sadly I think this may also be bks.
The EU compensation is only available for delays boot caused by extraordinary circumstances.
I think (but am not certain) that the Airlines responsiblity to get their customer hone is less easily removed.
https://publicapps.caa.co.uk/docs/33/CAP1126%20You...
i haven't a clue what you are about but it was taken directly from eu law website, if it is an extraordinary circumstances flight cancellation, in the case of Christian Hazelwood vs. British Airways", the judge ruled ''"I would interpret Article 9 as obliging a carrier to pay such sum as it would have been necessary, appropriate and reasonable for the passenger to have incurred in the event of the carrier failing in its obligation under Article 9 to provide care free of charge."ks.The EU compensation is only available for delays boot caused by extraordinary circumstances.
I think (but am not certain) that the Airlines responsiblity to get their customer hone is less easily removed.
https://publicapps.caa.co.uk/docs/33/CAP1126%20You...
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri...
quoted again
''In the event of flight cancellation or denied boarding, the passengers concerned have the right to:
reimbursement of the cost of the ticket within seven days or a return flight to the first point of departure or re-routing to their final destination;
care (refreshments, meals, hotel accommodation, transport between the airport and place of accommodation, two free telephone calls, telex or fax messages, or e-mails);
compensation totalling:
€250 for all flights of 1,500 kilometres or less;
€400 for all intra-EU flights of more than 1,500 kilometres, and for all other flights between 1,500 and 3,500 kilometres;
€600 for all other flights.''
''In the case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07) of 22 December 2008,[6] the European Court of Justice in Luxembourg ruled on the interpretation of Article 5 of the regulation relating to cancellations, specifically paragraph 3 which states:
An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.''
Edited by The Spruce goose on Monday 21st August 10:10
mdglen said:
I had a similar experience a couple of years ago. Evening flight delayed and then cancelled, and told to turn up at 08:00 next day for replacement flight. Turned up at 08:00 and told flight wasn't until 15:00. As we had small child with us, and didn't fancy trying to entertain said small child in an airport for that long, went over to the BA desk and got a flight back leaving in the next hour.
Easyjet paid out the overnight stay in the hotel and refunded the flight without issues. But played real hard ball about compensation (bear in mind I was out of pocket by over £500 because of the price difference in the flights). Initially they refused to pay out because they claimed we had made our own way back. After a little back and forth, I logged a claim with the CAA:-
https://www.caa.co.uk/Passengers/Resolving-travel-...
There's no charge for this, and after about 6 weeks, they ruled in my favour. Easyjet still refused to pay out, again citing my use of alternative flights, but a few posts on their Facebook page later, quoting my CAA reference, and customer services got in touch to organize payment.
Obviously I don't know the reason why your flight was delayed, but the fact that you were able to get an alternative flight suggests that it was Easyjet issue, and not exceptional circumstances. My advice to OP is, don't let Easyjet fob you off, and don't think twice about lodging a claim with the CAA.
I can also echo this advice. Emirates delayed my flight for 12 hours and ruined my trip. They also refused to return my checked-in bag which prevented me from taking another flight. The utter pricks knew there was a fault with the door for 8 hours but they made everyone check in and when they 'had' everyone just where they wanted they told us the news. They refused to pay up. The CAA had a word with them and viola. Airlines will decline the initial claim out of hand citing extraordinary circumstances' however unless it's an act of god like bird strike or a volcano, they are bang to rights. Easyjet paid out the overnight stay in the hotel and refunded the flight without issues. But played real hard ball about compensation (bear in mind I was out of pocket by over £500 because of the price difference in the flights). Initially they refused to pay out because they claimed we had made our own way back. After a little back and forth, I logged a claim with the CAA:-
https://www.caa.co.uk/Passengers/Resolving-travel-...
There's no charge for this, and after about 6 weeks, they ruled in my favour. Easyjet still refused to pay out, again citing my use of alternative flights, but a few posts on their Facebook page later, quoting my CAA reference, and customer services got in touch to organize payment.
Obviously I don't know the reason why your flight was delayed, but the fact that you were able to get an alternative flight suggests that it was Easyjet issue, and not exceptional circumstances. My advice to OP is, don't let Easyjet fob you off, and don't think twice about lodging a claim with the CAA.
The Spruce goose said:
surveyor said:
Sadly I think this may also be bks.
The EU compensation is only available for delays boot caused by extraordinary circumstances.
I think (but am not certain) that the Airlines responsiblity to get their customer hone is less easily removed.
https://publicapps.caa.co.uk/docs/33/CAP1126%20You...
i haven't a clue what you are about but it was taken directly from eu law website, if it is an extraordinary circumstances flight cancellation, in the case of Christian Hazelwood vs. British Airways", the judge ruled ''"I would interpret Article 9 as obliging a carrier to pay such sum as it would have been necessary, appropriate and reasonable for the passenger to have incurred in the event of the carrier failing in its obligation under Article 9 to provide care free of charge."ks.The EU compensation is only available for delays boot caused by extraordinary circumstances.
I think (but am not certain) that the Airlines responsiblity to get their customer hone is less easily removed.
https://publicapps.caa.co.uk/docs/33/CAP1126%20You...
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri...
quoted again
''In the event of flight cancellation or denied boarding, the passengers concerned have the right to:
reimbursement of the cost of the ticket within seven days or a return flight to the first point of departure or re-routing to their final destination;
care (refreshments, meals, hotel accommodation, transport between the airport and place of accommodation, two free telephone calls, telex or fax messages, or e-mails);
compensation totalling:
€250 for all flights of 1,500 kilometres or less;
€400 for all intra-EU flights of more than 1,500 kilometres, and for all other flights between 1,500 and 3,500 kilometres;
€600 for all other flights.''
''In the case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07) of 22 December 2008,[6] the European Court of Justice in Luxembourg ruled on the interpretation of Article 5 of the regulation relating to cancellations, specifically paragraph 3 which states:
An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.''
Edited by The Spruce goose on Monday 21st August 10:10
Taken from the actual legislation. - http://eur-lex.europa.eu/legal-content/EN/TXT/?uri...
Article 5
Cancellation
1. In case of cancellation of a flight, the passengers concerned shall:
(a) be offered assistance by the operating air carrier in accordance with Article 8; and
(b) be offered assistance by the operating air carrier in accordance with Article 9(1)(a) and 9(2), as well as, in event of re-routing when the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight, the assistance specified in Article 9(1)(b) and 9(1)(c); and
(c) have the right to compensation by the operating air carrier in accordance with Article 7, unless:
(i) they are informed of the cancellation at least two weeks before the scheduled time of departure; or
(ii) they are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; or
(iii) they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.
2. When passengers are informed of the cancellation, an explanation shall be given concerning possible alternative transport.
3. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
4. The burden of proof concerning the questions as to whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air carrier.
And
Article 8 (Article 7 deals with the amount of Compensation)
Right to reimbursement or re-routing
1. Where reference is made to this Article, passengers shall be offered the choice between:
(a) - reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant,
- a return flight to the first point of departure, at the earliest opportunity;
(b) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; or
(c) re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats.
2. Paragraph 1(a) shall also apply to passengers whose flights form part of a package, except for the right to reimbursement where such right arises under Directive 90/314/EEC.
3. When, in the case where a town, city or region is served by several airports, an operating air carrier offers a passenger a flight to an airport alternative to that for which the booking was made, the operating air carrier shall bear the cost of transferring the passenger from that alternative airport either to that for which the booking was made, or to another close-by destination agreed with the passenger.
3. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
The Spruce goose said:
i haven't a clue what you are about but it was taken directly from eu law website, .....
I love it when people quote this stuff, as if mentioning it to a travel firm will immediately make them grovel at your feet.It's a bit like SoGA and the new CRA - they're great in theory but enforcing them against a supplier who doesn't play ball is an entirely different matter.
BA initially refused to pay me the €400 when they delayed our flight by 24 hours for their IT failure back in May, citing that "it was beyond their control", they'd already picked up the tab for Taxis, Hotel, restaurant, car parking etc but refused the "COmpensation"
So I asked for them to clarify how "the failure of the BA IT System caused by a BA Employee/Contractor as confirmed by the BA Chairman on " was beyond the control of BA and if they were responsible for the delay why had they already paid all my expenses caused by the delay.
They then agreed to pay €250 as the distance was sub 1500km! (how do I check this distance btw?)
So I asked for them to clarify how "the failure of the BA IT System caused by a BA Employee/Contractor as confirmed by the BA Chairman on " was beyond the control of BA and if they were responsible for the delay why had they already paid all my expenses caused by the delay.
They then agreed to pay €250 as the distance was sub 1500km! (how do I check this distance btw?)
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