Claiming for EC261 Compensation - Booked alternative flight
I was due to travel with easyJet (in July 2017) but my flight was delayed once I arrived at the airport. The flight eventually departed 6 hours late - easyJet confirmed the delay was 6 hours and 7 minutes. I enquired with easyJet about an alternative but none was offered, so I managed to book with an alternative airline from the airport.
After checking EC261 I made a claim for the 250 EUR compensation. easyJet initially told me the claim was successful but then never paid it and told me it clearly states I have to have boarded the flight. I can see no reference to this in either their terms or EC261. It only says I had to be present for check in, which I was (although I had checked in online so not sure how to prove this). Are they wrong in denying the claim?
Additionally, am I also entitled to claim a refund for the cost of the flight?
Best Answer
Interpreting the Europa.eu site, Easyjet is wrong in denying the claim. Whether you boarded or not is inconsequential to the delay, of 6 hours and 7 minutes, that occured.
It is stated
If you arrived at your final destination with a delay of more than 3 hours, you are entitled to compensation, unless the delay was due to extraordinary circumstances.
In the absence of 'extraordinary circumstances' You are entitled to claim The 250 EUR compensation.
Separately, unless Easyjet offered you re-routing, you are entitled for the reimbursement of your ticket.
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How do I claim compensation from EU261?
Passengers are only entitled to claim under the law if the delay or cancellation was within the airline's control. EU Reg 261 requires airlines to compensate passengers when flight delays or cancellations result in passengers reaching their final destination more than three hours later than originally scheduled.Can you claim compensation if your flight is Cancelled?
Claim compensation for a cancelled flight You're legally entitled to get compensation if the cancellation is the airline's responsibility and both the following apply: the replacement flight delays your arrival by 2 or more hours. your flight was cancelled less than 14 days before departure.What happens if an airline refuses to pay compensation?
In the event an airline refuses to acknowledge your claim, you need to seek legal advice or file a complaint with the airport's authority. However, you need to understand the reasons for the denial of the claim. Sometimes the extraordinary circumstances are legitimate.How do I ask for airline compensation?
Because the U.S. doesn't require airlines to compensate passengers for delays or cancellations, your best option is to contact the credit card company that you booked your flight with. Contact your credit card company and notify them of your intent to file a claim within the required time frame.How to Claim Compensation for Overbooked Flights
More answers regarding claiming for EC261 Compensation - Booked alternative flight
Answer 2
Eligibility
From EC261, to be eligible for any of the following.
Article 3
...
- Paragraph 1 shall apply on the condition that passengers:
(a) have a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in Article 5, present themselves for check-in... [on time]
Unless you checked in Majorca, or have good evidence you that you discussed matters with check in staff who agreed to you invoking your 8.1(a) rights, you might have trouble claiming this. For the rest of this answer, I will assume you checked in and didn't invoke your 8.1(a) rights until the five hours had elapsed.
Original Flight Refund
I'm going to tackle your second question first: Can you get a refund on your cancelled flight? Yes. From EC261:
Article 6
Delay
- When an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure:
...
passengers shall be offered by the operating air carrier:
...
(iii) when the delay is at least five hours, the assistance specified in Article 8(1)(a).
...
Article 8
Right to reimbursement or re-routing
- 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;
Compensation
As for whether you're also entitled to compensation, I'm not so clear. Other sources are contradictory on this. But let's look at it. From the interpretive guidelines for EC261:
3.3.2. ‘Long delay’ at arrival
The Court has ruled that a delay at arrival of at least three hours gives the same rights in terms of compensation as a cancellation (30) (for more details see Section 4.4.5 on compensation).
This is where the right to compensation for a delay comes from - you won't find it in the regulations themselves!
Given the following:
- You had a 5+ hour delay on departure
- From Article 6.1(iii) and 8.1(a), you're entitled to cancel for a full refund
- Neither 6.1(iii) or 8.1(a) entitle you to compensation
- The interpretive note finds that a "delay at arrival" is equivalent to a cancellation
- However, you (not the airline) cancelled the booking, so you never arrived, so you never faced a delay; you also don't fall under the category of having had your flight cancelled involuntarily
- (Also note that 6.1(iii) doesn't invoke 8.1(b), so you had no right to rebooking, so you probably can't try and invoke your arrival time on your personally re-booked flights as evidence of a delay).
So it doesn't look promising for compensation, I'm afraid. But I'm not a layer and YMMV.
New Flight Refund
Continuing from above:
- 6.1(iii) only invokes 8.1(a) - the right to a refund on your original flight
- The right to rebooking is contained in 8.1(b), which is not invoked in your case
- So EasyJet had no obligation to rebook you
- So you don't have any basis to claim a refund of your rebooking from them, under EC261. You could try on the grounds that "it would be good customer service", but this is EasyJet.
So a refund of your new flight also looks unlikely.
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
Images: cottonbro, Selmon Bajramaj, Yan Krukov, Nguyen Hung