Cancelled flight...
Discussion
Burwood said:
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
Sheepshanks said:
Burwood said:
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
Burwood said:
If the earliest possible flight available that you managed to arrange resulted in a 2+ hour delay based on the original itinerary, then yes.
I don't think that's right - you can't have both a refund AND your alternative flight paid for. You get the compensation either way.Marcellus said:
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?)
you can check distances https://www.world-airport-codes.com/distance/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?)
Sheepshanks said:
Burwood said:
If the earliest possible flight available that you managed to arrange resulted in a 2+ hour delay based on the original itinerary, then yes.
I don't think that's right - you can't have both a refund AND your alternative flight paid for. You get the compensation either way.Marcellus said:
They then agreed to pay €250 as the distance was sub 1500km! (how do I check this distance btw?)
Enter your origin and destination into www.gcmap.com.Sheepshanks said:
Burwood said:
If the earliest possible flight available that you managed to arrange resulted in a 2+ hour delay based on the original itinerary, then yes.
I don't think that's right - you can't have both a refund AND your alternative flight paid for. You get the compensation either way.Had the contract been performed as stated, the passenger would have:
a. paid the original ticket price;
b. returned home on time.
Due to the short-notice cancellation, he is entitled to re-routing or return under comparable conditions, i.e., the closest possible alternative in the same travel class etc. The closest possible alternative was not operated by Easyjet, but nothing in the regulation says that it must be. Therefore, it cost him more (but he also saved them the cost of accommodation during the extended delay). Clearly he doesn't get his original ticket price back, only the amount that the rerouting cost him.
Secondly, despite taking the closest possible alternative, he was still delayed by more than the statutory x hours (preusmably).
Had he merely been delayed on the original flight, he'd have had compensation for that and only paid the original ticket price. As it stands, he's suffered two losses - the delay and the additional expenditure, both of which the airline is liable for (absent extraordinary circumstances outside its supply chain - so things like weather, ATC, strike action - arguably excluding its own staff but probably not - failure of another airline's aircraft causing a runway closure, etc.)
Burwood said:
you can check distances https://www.world-airport-codes.com/distance/
Damn they're right 1440km 
Marcellus said:
Burwood said:
you can check distances https://www.world-airport-codes.com/distance/
Damn they're right 1440km 
Easyjet cancelled my flight to Marseille at the end of July with about 8 hours notice (our taxi was coming at 5.15 am so it was lucky we were away at 11.40pm to hear the text message come through to my wife's phone). They said we could rebook on an alternative Easyjet flight - but there were any with any availability for about 4 days.
I put in a compensation claim and Easyjet rejected it because, "We’ve reviewed your claim and we can confirm that your flight from London Gatwick to Marseille Provence was cancelled due to an Air Traffic Control restrictions." Sounds a bit vague (and copied and pasted) to me.
I put in a compensation claim and Easyjet rejected it because, "We’ve reviewed your claim and we can confirm that your flight from London Gatwick to Marseille Provence was cancelled due to an Air Traffic Control restrictions." Sounds a bit vague (and copied and pasted) to me.
Edited by Zigster on Monday 21st August 17:33
Zigster said:
I know what you mean, but I'm struggling to see how it falls under "extraordinary circumstances" which couldn't have been forseen. From a bit of googling, it seems a remarkably common excuse from Easyjet.
That's because they have identified a get out clause Might be interesting if Kapitanelangzaam is kicking around to see whether ATC declaring a slowdown is more common than it used to be though.
randlemarcus said:
Have had that discussion with KLM recently. If ATC slow the landing/takeoff rate, that's a get out of jail free card. Grudgingly seems fair.
It won't hold any water if the flight left 1hr 45m late and ticks over the 2 hour mark. Getting caught in a waiting pattern is normal.CYMR0 said:
Sheepshanks said:
Burwood said:
If the earliest possible flight available that you managed to arrange resulted in a 2+ hour delay based on the original itinerary, then yes.
I don't think that's right - you can't have both a refund AND your alternative flight paid for. You get the compensation either way.Had the contract been performed as stated, the passenger would have:
a. paid the original ticket price;
b. returned home on time.
Due to the short-notice cancellation, he is entitled to re-routing or return under comparable conditions, i.e., the closest possible alternative in the same travel class etc. The closest possible alternative was not operated by Easyjet, but nothing in the regulation says that it must be. Therefore, it cost him more (but he also saved them the cost of accommodation during the extended delay). Clearly he doesn't get his original ticket price back, only the amount that the rerouting cost him.
Secondly, despite taking the closest possible alternative, he was still delayed by more than the statutory x hours (preusmably).
Had he merely been delayed on the original flight, he'd have had compensation for that and only paid the original ticket price. As it stands, he's suffered two losses - the delay and the additional expenditure, both of which the airline is liable for (absent extraordinary circumstances outside its supply chain - so things like weather, ATC, strike action - arguably excluding its own staff but probably not - failure of another airline's aircraft causing a runway closure, etc.)
Heres Johnny said:
CYMR0 said:
Sheepshanks said:
Burwood said:
If the earliest possible flight available that you managed to arrange resulted in a 2+ hour delay based on the original itinerary, then yes.
I don't think that's right - you can't have both a refund AND your alternative flight paid for. You get the compensation either way.Had the contract been performed as stated, the passenger would have:
a. paid the original ticket price;
b. returned home on time.
Due to the short-notice cancellation, he is entitled to re-routing or return under comparable conditions, i.e., the closest possible alternative in the same travel class etc. The closest possible alternative was not operated by Easyjet, but nothing in the regulation says that it must be. Therefore, it cost him more (but he also saved them the cost of accommodation during the extended delay). Clearly he doesn't get his original ticket price back, only the amount that the rerouting cost him.
Secondly, despite taking the closest possible alternative, he was still delayed by more than the statutory x hours (preusmably).
Had he merely been delayed on the original flight, he'd have had compensation for that and only paid the original ticket price. As it stands, he's suffered two losses - the delay and the additional expenditure, both of which the airline is liable for (absent extraordinary circumstances outside its supply chain - so things like weather, ATC, strike action - arguably excluding its own staff but probably not - failure of another airline's aircraft causing a runway closure, etc.)
Burwood said:
Wrong. Law of Tort. If you don't know jack then please don't muddy the water
How long have you been delayed for if you've not flown with the original carrier and decided to make alternative plans?From citizens advice:
If you don’t take the flight
The airline legally has to give you all of the following:
a full refund for the flight
a full refund for other flights from the airline that you won’t use in the same booking, eg an onward or return flight
if you’re part-way through a journey, a flight back to the airport you originally departed from
food and drink
access to phone calls and emails
accommodation if you’re delayed overnight, as well as journeys between the airport and the hotel
They took the refund.
Edited by Heres Johnny on Monday 21st August 21:18
Heres Johnny said:
If they don't fly you there, you've not been delayed, you've not travelled with them. Compo is only when the flight they put you on is more than 2 hours after the flight it should have been,
It isn't a tort claim as the poster below you suggests: there's a clear contract that is governed by specific EU Regs (that will be incorporated into domestic law) and that specify particular remedies for breach of that contract. However, BA disagrees with you as to whether it's liable to pay for both replacement tickets and delay compensation: they have spent £50m or so settling both sets of claims following their recent outage.
http://www.independent.co.uk/travel/news-and-advic...
CYMR0 said:
Heres Johnny said:
If they don't fly you there, you've not been delayed, you've not travelled with them. Compo is only when the flight they put you on is more than 2 hours after the flight it should have been,
It isn't a tort claim as the poster below you suggests: there's a clear contract that is governed by specific EU Regs (that will be incorporated into domestic law) and that specify particular remedies for breach of that contract. However, BA disagrees with you as to whether it's liable to pay for both replacement tickets and delay compensation: they have spent £50m or so settling both sets of claims following their recent outage.
http://www.independent.co.uk/travel/news-and-advic...
Ps.. others claim its tort, not me.
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