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  #41  
Old 07.09.2017, 09:38
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Re: easyjet cancelled flight & refuse to compensate

Hi blueangel,
The excuse I was given for my cancellation was a problem with air traffic control at Manchester. I think it was really because easy jet were so late getting into Manchester that ATC had shut down outbound flights, due to the issues you mention - Terminal 3 normally closes at about 21.00 - there were no other flights scheduled after this while I was waiting around trying to get something sorted with Easyjet customer services at midnight.

My claim for my KLM flight to Basel has been rejected (after a lot of messing around with the chat service on easy jet) - they said they will not pay for a business class flight - even though it was the only one available that day and was only 22 pounds more than the normal last minute/second KLM economy class flights booked at 09.00. (I checked this for a week after my flight)

I registered with Bott and Co solicitors, but I cannot get to speak with an actual person. They want me to electronically sign their terms and conditions and send you a reminder EVERY DAY - which I will not do until I have spoken with someone. (everything is fully automated - T&Cs include a clause which say you are responsible for easyjet's costs and Botts disbursements if you lose - which could be expensive).
I have sent a mail and they said it will take up to 11 days before I receive a reply - 10 days now.

Out of the frying pan into the fire.

Here is and extract of the Ts and Cs
Anyone used EU Claim/Bott & Co?
14th Jul 13 at 9:24 PM
#1
these were highlighted in an article in the Guardian as someone to use to claim on your behalf in exchange for a 25 euro fee plus 27% of the compensation but when you're asked to sign up it's not that straightforward and could end up out of pocket whatever the outcome. here's their explanation:.

1. What do I pay if I win?
If you win your claim you pay us an administration fee of 25 euros and our charges. You pay our disbursements
in any event and on our request and the payment of disbursements is not conditional on success and is not
deferred to the end of the case. You may be able to claim from your opponent part or all of our charges and our
disbursements.

If you win overall but on the way lose an interim hearing you may be required to pay your opponents charges of
that hearing. If on the way to winning or losing you are awarded any costs by agreement or Court Order then
we are entitled to payment of those costs immediately.

2. What do I pay if I lose?
If you lose you pay your opponents charges and disbursements. You may be able to take out an insurance
policy against this risk. If you lose you do not pay our charges but you may be required to pay our
disbursements.

Ending This Agreement

3. If you end this Agreement before you win or lose you pay our charges and disbursements. We may end this
Agreement before you win or lose.

Last edited by jbrady; 07.09.2017 at 10:01.
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  #42  
Old 07.09.2017, 10:34
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Re: easyjet cancelled flight & refuse to compensate

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Hi blueangel,
The excuse I was given for my cancellation was a problem with air traffic control at Manchester. I think it was really because easy jet were so late getting into Manchester that ATC had shut down outbound flights, due to the issues you mention - Terminal 3 normally closes at about 21.00 - there were no other flights scheduled after this while I was waiting around trying to get something sorted with Easyjet customer services at midnight.

My claim for my KLM flight to Basel has been rejected (after a lot of messing around with the chat service on easy jet) - they said they will not pay for a business class flight - even though it was the only one available that day and was only 22 pounds more than the normal last minute/second KLM economy class flights booked at 09.00. (I checked this for a week after my flight)

I registered with Bott and Co solicitors, but I cannot get to speak with an actual person. They want me to electronically sign their terms and conditions and send you a reminder EVERY DAY - which I will not do until I have spoken with someone. (everything is fully automated - T&Cs include a clause which say you are responsible for easyjet's costs and Botts disbursements if you lose - which could be expensive).
I have sent a mail and they said it will take up to 11 days before I receive a reply - 10 days now.

Out of the frying pan into the fire.

Here is and extract of the Ts and Cs
Anyone used EU Claim/Bott & Co?
14th Jul 13 at 9:24 PM
#1
these were highlighted in an article in the Guardian as someone to use to claim on your behalf in exchange for a 25 euro fee plus 27% of the compensation but when you're asked to sign up it's not that straightforward and could end up out of pocket whatever the outcome. here's their explanation:.

1. What do I pay if I win?
If you win your claim you pay us an administration fee of 25 euros and our charges. You pay our disbursements
in any event and on our request and the payment of disbursements is not conditional on success and is not
deferred to the end of the case. You may be able to claim from your opponent part or all of our charges and our
disbursements.

If you win overall but on the way lose an interim hearing you may be required to pay your opponents charges of
that hearing. If on the way to winning or losing you are awarded any costs by agreement or Court Order then
we are entitled to payment of those costs immediately.

2. What do I pay if I lose?
If you lose you pay your opponents charges and disbursements. You may be able to take out an insurance
policy against this risk. If you lose you do not pay our charges but you may be required to pay our
disbursements.

Ending This Agreement

3. If you end this Agreement before you win or lose you pay our charges and disbursements. We may end this
Agreement before you win or lose.
Yes, I had the same conclusion - it isn't no win no cost, only no win no fee from your solicitors - so I also declined the contract.
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  #43  
Old 07.12.2017, 19:16
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Re: easyjet cancelled flight & refuse to compensate

In June, I planned to travel GVA to LHR, with Swiss, late afternoon.

After two delays, the flight was cancelled and although I was able to eventually fly the same day, 5 hours late, I arrived too late for some appointments, which pissed me off.

I sent Swiss an email asking if the cancelled flight meant an entitlement to compensation. In the reply, I received they said no, because the flight was cancelled due to bad weather.

I replied, asking a couple of minor details and I never received a response. Frankly, I forgot all about it.

Yesterday, just 6 months later, I received an email from Swiss asking for my bank details (I thought it was a phishing scam) and today, I received a refund of the cost of the flight.

Thank you Swiss.
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  #44  
Old 07.12.2017, 19:23
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Re: easyjet cancelled flight & refuse to compensate

Swiss mills grind slowly.

But they do
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  #45  
Old 07.12.2017, 19:57
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Re: easyjet cancelled flight & refuse to compensate

I am still fighting. I am now in the last 8 days of arbitration through CEDR.
https://www.cedr.com
Used Resolve and Bott and Co. (after giving up up with the passing the buck and swerves of Easyjet customer (lack of) services-
July 24th until December 7th so far.

Bott and Co would take a big bit of your money and if they had to fight you are VERY liable and cannot fight for flights you had to take. Just compensation monkeys.
Resolve drags on, but takes records of the fight with Easyjet. Easyjet eventually says they will not deal with an email address that was not the booking email address. (IE Resolve), even though they replied and asked for info.
CEDR will not accept direct Resolve referals, BUT you can make a claim and include all the history and other things. If they accept your claim, then Easyjet must pay (theoretically) - I am at this stage. (was accepted - if rejected you must pay 25 quid)
Been a long time, but I am persistant.
Will see what happens.
Easyjet have signed up with CEDR to agree with their arbitration.
Fun and games
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  #46  
Old 07.12.2017, 20:01
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Re: easyjet cancelled flight & refuse to compensate

I just won a case for my wife against BA with CEDR, BA had refused to pay due to bad weather which was not true as I was able to Fly with easy jet the same evening.

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I am still fighting. I am now in the last 8 days of arbitration through CEDR.
https://www.cedr.com
Used Resolve and Bott and Co. (after giving up up with the passing the buck and swerves of Easyjet customer (lack of) services-
July 24th until December 7th so far.

Bott and Co would take a big bit of your money and if they had to fight you are VERY liable and cannot fight for flights you had to take. Just compensation monkeys.
Resolve drags on, but takes records of the fight with Easyjet. Easyjet eventually says they will not deal with an email address that was not the booking email address. (IE Resolve), even though they replied and asked for info.
CEDR will not accept direct Resolve referals, BUT you can make a claim and include all the history and other things. If they accept your claim, then Easyjet must pay (theoretically) - I am at this stage. (was accepted - if rejected you must pay 25 quid)
Been a long time, but I am persistant.
Will see what happens.
Easyjet have signed up with CEDR to agree with their arbitration.
Fun and games
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  #47  
Old 07.12.2017, 20:05
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Re: easyjet cancelled flight & refuse to compensate

I once caught a plane from GVA to Stansted. Plane was 5h late, and landed at Newcastle due to heavy snow all over England. We then spent another 5h on the tarmac in the plane. Spent the night on the floor of the airport, and caught a train to London the following day. Train was late. Tubes weren't running so a taxi across London then another train. A 90 minute journey turned into a 29 hour one.

1. No-one complained, as the snow was no-ones fault.
2. Easyjet refunded all extra costs.
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  #48  
Old 07.12.2017, 20:10
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Re: easyjet cancelled flight & refuse to compensate

Lucky you. I was hoping for something similar. Flight cancelled in Manchester. Told no flight for 3 days and to find any flight to Switzerland.
5 months later still fighting.
Luck of the draw.
But I have learned a lot
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  #49  
Old 15.12.2017, 05:26
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Re: easyjet cancelled flight & refuse to compensate

By coincidence not having read this thread recently, I logged a case today with CEDR for the same flight you and I were not on from Manchester to Basel. The worst thing about that flight was being held hostage in Manchester airport for a further 2 hours until we were finally let out by the police.

Do let me know if CEDR got anywhere!
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  #50  
Old 15.12.2017, 08:47
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Re: easyjet cancelled flight & refuse to compensate

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being held hostage in Manchester airport for a further 2 hours until we were finally let out by the police.
???
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  #51  
Old 15.12.2017, 20:43
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Re: easyjet cancelled flight & refuse to compensate

The flight was cancelled a little over 2 hours after scheduled departure time (scheduled departure was 18.50). Next step was to leave the airport because the next available flights weren't until the next day.

The procedure in UK airports to return from airside to landside is typically that you need to be escorted back. I've done this 5 or more times and typically it's airport staff that do this.

However, on this occasion I was told we had to wait for Easyjet to make someone available. Which they did not do. We were trapped and unable to leave the airport. They have a desk airside at Manchester T1 which was periodically manned. I tried reasoning with them, I tried shouting, and then out of desperation I called Manchester Airport Police and explained the situation i.e. that a plane load of passengers were being prevented from leaving the airport. Subsequently it was the police who escorted us landside at about 23.30.

I happened to meet that one Easyjet lady who was on the desk that night as I had my boarding card checked a couple of weeks ago. She said that I brought back memories to her - not good memories. "Funny that", I said
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  #52  
Old 15.12.2017, 20:54
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Re: easyjet cancelled flight & refuse to compensate

Strange airport. In ZRH it is fairly simple to get out again, similar FRA and TXL.

But good to know if I ever get stranded in manchester
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  #53  
Old 16.12.2017, 12:37
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Re: easyjet cancelled flight & refuse to compensate

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By coincidence not having read this thread recently, I logged a case today with CEDR for the same flight you and I were not on from Manchester to Basel. The worst thing about that flight was being held hostage in Manchester airport for a further 2 hours until we were finally let out by the police.

Do let me know if CEDR got anywhere!
They have given easyjet 15 days to respond. On monday this expires.
Will keep you informed on the CEDR process.
The Manchester exit process was a fiasco.
I had a bag checked in also. Full of fresh pies.
All crushed.
They had not even been near the plane.
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  #54  
Old 16.12.2017, 13:59
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Re: easyjet cancelled flight & refuse to compensate

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I had a bag checked in also. Full of fresh pies.
All crushed.
Isn't that to be expected when checking in such a bag?
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  #55  
Old 16.12.2017, 14:38
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Re: easyjet cancelled flight & refuse to compensate

They were in tin biscuit boxes. Packed by my
mum.

Last edited by jbrady; 16.12.2017 at 15:12.
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  #56  
Old 16.12.2017, 22:19
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Re: easyjet cancelled flight & refuse to compensate

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I once caught a plane from GVA to Stansted. Plane was 5h late,........ and caught a train to London the following day. Train was late. Tubes weren't running so a taxi across London then another train. A 90 minute journey turned into a 29 hour one.
1. No-one complained, as the snow was no-ones fault.
2. Easyjet refunded all extra costs.
I wonder if you made a complaint to the Division that handles complaints within
EU Authorities and related regulations, where there is compensation for delays on the part of Flight Companies?
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  #57  
Old 20.12.2017, 23:15
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Re: easyjet cancelled flight & refuse to compensate

Last Thursday evening I received an SMS telling me that my wife and my flight to Venice the following day was cancelled due to strike action by Marco Polo baggage handlers and Italian ATC.

So I asked, online, for a refund for my flight.

After discussions with my wife, we decided to get the train, so on my way home from work, I went into the travel centre at SBB and bought two single tickets to Venice for the following day. For rather more than the cost of our flights.

I took a photo of the tickets + receipt and uploaded it to the form EasyJet give for expenses.

I received notifcation today that EasyJet were refunding the money I'd paid for the tickets + luggage, and were paying us for the additional cost of travel.

As a result, our only disadvantage was that the journey to Venice took us a a few hour s longer than we planned. All very easy and quickly resolved. when it wasn't even their fault.
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Old 21.12.2017, 01:26
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Re: easyjet cancelled flight & refuse to compensate

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Last Thursday evening I received an SMS telling me that my wife and my flight to Venice the following day was cancelled due to strike action by Marco Polo baggage handlers and Italian ATC.

So I asked, online, for a refund for my flight.

After discussions with my wife, we decided to get the train, so on my way home from work, I went into the travel centre at SBB and bought two single tickets to Venice for the following day. For rather more than the cost of our flights.

I took a photo of the tickets + receipt and uploaded it to the form EasyJet give for expenses.

I received notifcation today that EasyJet were refunding the money I'd paid for the tickets + luggage, and were paying us for the additional cost of travel.

As a result, our only disadvantage was that the journey to Venice took us a a few hour s longer than we planned. All very easy and quickly resolved. when it wasn't even their fault.
Similar thing happened to a friend who was staying with me last weekend. Her Easyjet flight from Basel to Brussels was cancelled at about 21:00 (about two hours after the scheduled departure time) and the first available one was three days later, so she travelled back by train the next morning instead. Easyjet have now confirmed that they will cover the cost of both the flight and the train.
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Old 21.12.2017, 02:08
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Re: easyjet cancelled flight & refuse to compensate

I used Bott & Co a while back and was quite happy with them. I'd rather not have to use them at all but that's budget airlines for you!

Anyway, I was concerned about the same passages as some of you and received this in an email from them at the time. I hope that clarifies some points for some of you.

Quote:
Allow me to provide you with some explanations and guarantees :-



∑ The maximum exposure to you is 25% + VAT of your compensation plus £25 administration fee per passenger. This is only paid in the event that you are successful.

∑ In the event the claim is not successful no monies are paid.

∑ 95% of the terms and conditions are not applicable to more than 98% of our clients. Unfortunately we are required to have them in the event that we have to issue court proceedings.

∑ If the airline deny liability and court proceedings are required 3 things can happen to your claim Ė a small claims case, fast track or multi track case.

∑ More than 98% of our cases have been allocated to the small claims track.

∑ We pay our own Disbursements which are the court issue fees, if unsuccessfully this cost is absorbed by Bott & Co.

∑ In the event that the case is allocated to the small claims track there is no provision within the rules for the Defendant to recover their costs from us if we lose. So even if we lose, we donít have to pay anything.

∑ In the event that the case is allocated to the fast/multi track there is a provision for the Defendant to recover their costs. The two cases we have had allocated to the fast/multi track so far have been a case with over 110 passengers on one flight (claim more than £50,000) and the other case was a complicated point of law. Neither of those instances are applicable to your claim so I consider it hugely unlikely that will happen to your claim.

∑ If a claim is allocated to the fast/multi track we will purchase an insurance policy, at our own expense and completely free of charge, which will pay the Defendantís costs if we lose. You would be completely protected.

∑ Bott and Co pay all court fees for you and our 25% + VAT plus £25 charge covers you for all work, including representation at final hearing.



Unfortunately the document must be worded in such a manner because of the principle in English Law that the costs are actually yours to recover rather than ours. That document allows us to claim our costs (which only occur if we litigate) directly from the Defendant on your behalf, meaning we donít have to bother you.



I do hope that provides you with clarification you seek.
No affiliation to Bott & Co. Used them and claimed a few grand for a family holiday delay when TUI said F. off
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Old 22.02.2018, 00:54
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Re: easyjet cancelled flight & refuse to compensate

I won at last - CEDR are bril. They really look at all the details.
This is a bit long - but it will give you an insight on how to beat Easyjet. First you have to go through the easyjet complaints process then resolver. It took 8 months. You could probably do it more quickly if you were only claiming the cancellation compensation - mine was more complicated.

Independent Redress Scheme for Air Passengers
ADJUDICATOR’S DECISION 528425 JBrady v Easyjet Date of Decision: 18 February 2018
Passenger(s): JBrady
Flight: EZY1811 from Manchester Airport (MAN) to Euro Airport Basel Mulhouse Freiburg (BSL) on 24 July 2017 (“the Flight”)
Agreed facts
• The passenger was booked on the Flight and presented himself for boarding.
• The Flight was cancelled.
Issues in dispute
• The passenger claims €250 for the cancellation to the Flight.
• The passenger claims £505 for the cost of a replacement additional flight
• The airline submits that the Flight was cancelled due to extraordinary circumstances such that it
has no obligation to pay compensation.
Decision making principles
• In order to succeed in a claim against an airline, passengers must prove on a balance of probabilities that they are owed compensation under Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 (“Regulation 261”) under the Convention for the Unification of Certain Rules for International Carriage by Air (“the Montreal Convention”), or that they have some other legal entitlement to compensation.
• The airline will not have to pay compensation where it can prove that a delay or cancellation was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
• I have carefully considered all of the issues raised and the documents provided. Both the passenger and the airline should be reassured that if I have not referred to a particular issue or document, this does not mean that I have not considered it in reaching my decision.
Reasons for decision
1. There are 2 contentious issues in this case: firstly, whether the passenger is entitled to the fixed compensation afforded by Regulation 261; and secondly, whether the passenger is entitled to the cost of his replacement flight. I will deal with each of these in turn.
(i) Fixed compensation
2. The airline argues that it is not liable to pay the fixed compensation afforded by Regulation 261 because the Flight was cancelled as a result of an Air Traffic Management decision that delayed a previous sector and resulted in it being impossible to conduct the Flight before the curfew deadline at BSL. It seeks to rely on Article 5 of Regulation 261, which provides a defence if the airline can establish that the cancellation was “caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken”.
3. There are two aspects to the defence. Firstly, whether or not the cause of the cancellation was an extraordinary circumstance. Secondly, whether the cancellation could have been avoided with all reasonable measures.
4. In this case, the airline relies on a screenshot of the aircraft leg memo that states:
CANXD AIRPORT EXTEN REFUSED
PRIMARY REASON OF DELAY ATC SLOT ON EZY1801
Flight EZY1801 was, apparently, a preceding sector operated by the aircraft in question on the same day.
5. The burden of proving the cause of the delay and the facts necessary to satisfy the Article 5(3) defence lies on the airline. Having considered its evidence, I am not satisfied that it has proven on the balance of probabilities that the cancellation was caused by an air traffic management decision or that the cancellation could not have been avoided with all reasonable measures. In particular:
a. There were clearly more than one reasons for the delay, given the reference in the aircraft leg memo to the ATC slot being the “primary reason”. No information has been given as to these other reasons, whether they would be regarded as extraordinary circumstances or whether the ATC slot delay alone would have resulted in the Flight being cancelled.
b. The length of the ATC slot delay is entirely unclear.
c. The airline has not stated when flight 1801 was scheduled to operate or how many sectors before the Flight it took place. This is important to know when trying to ascertain whether the effects of the ATC slot delay could have been mitigated with all reasonable measures.
d. The airline has adduced no information whatsoever to put the entry “ATC slot” into context. I do not know, for example, whether there was a delay as a result of an air traffic management decision, whether the aircraft had simply missed its slot and needed to wait for another or whether the real reason why the aircraft did not take off on time was an event unrelated to air traffic management. Merely citing the letters “ATC” in a contemporaneous log is not enough to satisfy the test.
6. Accordingly, I find that the passenger is entitled to the fixed compensation allowed under Regulation 261.
(ii) The cost of the replacement flight
7. In addition, the passenger has claimed for the cost of a replacement flight. I accept his evidence that the airline was unable to re-route him for at least 4 days and told him that he ought to make his own arrangements. I also accept that the airline suggested that he should travel to London and take the Eurostar. By these actions, the airline failed in its duty under Regulation 261 to offer re-routing under comparable transport conditions.
8. Under Regulation 261, if an airline fails to offer re-routing to a passenger’s final destination and the passenger makes her own arrangements by booking seats on another flight, the passenger is entitled to be reimbursed the cost of booking those seats. That is clear from the Interpretative Guidance of the European Parliament and the European Council dated 10 June 2016 that expressly states that the airline “must reimburse the costs for the flight borne by the passenger where the air carrier does not comply with its obligation to offer re-routing” (page 13). It is also evident from the judgment of the Court of Justice of the European Union in McDonagh v Ryanair Ltd (C-12/11) in which it was held that passengers are entitled to have their costs reimbursed if an airline fails to comply with its duties under Regulation 261 (paragraph 51).
9. The passenger booked an alternative flight for 25 July 2017 at a cost of £505. He states, and I accept on the balance of probabilities, that the only replacement flight available was via Amsterdam in business class. In that regard, he has provided a letter from the Flight Centre in Manchester in support.
10. In circumstances where, as I have found, it was not possible for the passenger to obtain a cheaper ticket, it would be entirely inappropriate to find that he ought to contribute towards the cost of his repatriation. I also note that that would be inconsistent with the good practice recommended by the Interpretative Guidance at page 14 that states, “re-routing should be offered at no additional cost to the passenger, even where passengers are re-routed with
another air carrier or on a different transport mode or in a higher class or at a higher fare than the one paid for the original service”.
11. Moreover, I reject any suggestion that he acted unreasonably in failing to wait for the next economy class ticket in light of his evidence that it would only have been £25 cheaper and would have delayed him by a further few days, during which time he would have run out of insulin and missed a hospital appointment. Given that he would also have incurred further hotel accommodation costs that would have had to be borne by the airline, his actions were probably to the airline’s benefit and mitigated their loss.
12. For those reasons, I also award the passenger the cost of his replacement flight in full
Decision
• The passenger’s claim succeeds in full.
• I direct the airline to pay the passenger the total sum of €250 plus £505 in compensation.
• The conversion rate from Euros to Pounds Sterling shall be in accordance with the exchange rate
published on the European Central Bank website on the first working day of the month in which this decision is issued.
xxxxxxl
xxxxxl Adjudicator

Last edited by jbrady; 22.02.2018 at 02:22.
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