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Old Oct 5, 2021 | 4:12 am
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GandalfG
 
Join Date: Oct 2021
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Easyjet delay - EU261 - misbehaviour

This is my first post so please bear with me. It is quite a long story and I need advice on what to do.
I was booked on Easyjet flight 1827 from Manchester to Tel Aviv on the 19th September. Check-in and boarding went smoothly, everything was on time until during taxiing for takeoff the crew noticed that there was 1 infant missing from the passenger roster. This led to a few recounts with the aeroplane returning to the airport. After about an hour and a half, the crew announced that they had sorted the problem with the infant but due to the delay, the aircraft needed another technical check before takeoff and the engineer had identified a smell of smoke coming from one of the toilets with no identifiable source and as such the plane would not be flying. We were told the ground crew would arrange for us alternatives. We deplaned, went through passport control and while we were waiting for our baggage the ground crew came and told us that the flight would be rescheduled to 10:30 am the next morning (the original time was 2:45pm) Immediately, most of the passengers (myself included) explained politely to the ground crew that the alternative offered was not viable because it would have meant landing about 5:30pm and because there was a religious holiday starting the next evening at sundown (about 6:15pm) during which religious Jews cannot travel, it would have meant being stuck in the airport for the next 48 hours. We explained that there were seats available on a flight from Luton the next morning at 7:15am which would arrive with enough time. The ground crew explained that they could not put us on the flight from Luton because our flight was only delayed and not cancelled, therefore we needed to continue on our flight. They offered us a hotel overnight and kosher food, however only if we would take the flight that we had explained already that we could not.
I along with at least 50 other passengers booked the tickets from Luton and made our own arrangements how to get there (I drove down, leaving Manchester about 1AM and booked parking there)
In the meantime, Easyjet sent us all messages saying that the flight was delayed due to inclement weather. We mentioned this to the pilot who was with the ground crew in the luggage hall and he was incensed about it and told us he would make sure the airline would change the categorisation of the delay.
We did not receive any message about the new time of the flight.
Whilst sitting on the plane in Luton, I called customer services (which open at 7am) to explain that because the new schedule was not possible for me, I would not be taking the alternative offered and they cancelled my ticket for a full refund. I was careful to explain that the alternatives offered were unsuitable and that is why I could not take the flight)
The flight from Luton was uneventful and arrived on time and we managed to get to our destination with about an hour and a half remaining before sundown.
I made a claim for compensation for the delay and easyjet replied that due to me not having taken the alternative offered , I am not due any compensation.
I have since heard that the alternative offered did not fly, but I have been unable to verify that information. I cannot find the flight on the Flight history in Flightwaware.
I personally know quite a lot of the people that were on the original flight and many of the people that were on the return flight that evening EZY 1828 which was laso delayed and then unable to be flown by the religious Jews booked on it.
I therefore want to know a few things.
1. Did the flight fly on the 20th in the morning? (there was a later scheduled flight on the 20th with the same flight number)
2. Are we eligible for compensation? (Easyjet management are definitely aware that religious Jews do not fly at these times as the EZY2085 from Luton was not scheduled for that day due to arriving too late and they do not fly on the dates of the religious holidays as they know the demand is too low)
The question of compensation revolves around a few issues.
1. Is a 20 hour delay considered a delay or a cancellation?
2. Is the airline required to provide a viable alternative? (can they reschedule any delayed flight to an inhospitable time in order to save themselves compensation for those that cancel)
3. Can the airline be penalised for trying to fob us off with inclement weather business? (I assume they cant as most likely they didnt use it to save themselves any money)
Anyone who can help me with any of the details, I would be really grateful. I am thinking of getting together a group of at least 100 people from the two affected flights to make the clam together as I assume we can reduce costs that way.
GandalfG is offline