Compensation for cancellation of EZY6546 on 9 June
 

On 9 June easyJet did two returns LGW-HAM-LGW: EZY6485+EZY6486 and EZY6545+EZY6546.

* EZY6485 departed LGW 12 min late and arrived at HAM 11 min late
* EZY6486 departed HAM 11 min late and arrived at LGW 1 min early
* EZY6545 should've departed LGW at 18:40, but was delayed, and due to HAM's overnight curfew, eventually moved to the next evening under a different flight number;
* Therefore, my flight, EZY6546, scheduled to depart HAM at 21:50, was postponed last-minute to 21:10 the next day under a different flight number

I opted for a full refund as per my rights, and have received it, but have also claimed cancellation compensation as the new flight number means it counts as a cancellation rather than a mere delay.

In their rejection, easyJet state ATC restrictions across Europe caused a slot delay for EZY6545, too much to suit the allowed traffic hours at HAM, thus postponing EZY6545+EZY6546 to the next evening.

However, I'm told the latest strike ended 36 hours prior, and secondly the first return on the relevant day, EZY6485+EZY6486, was barely delayed at all. So not sure this makes much sense. I asked easyJet for detailed proof of extraordinary circumstances PLUS all reasonable measures having been taken, but only got a duplicate/copy-paste of the original rejection.

What's your take on it? How likely is easyJet to be telling the truth, or, more to the point, is this likely to be genuine extraordinary circumstances?
I've heard slot delays can also be caused by things like staff shortage, which AFAIK wouldn't be extraordinary circumstances (correct me if I'm wrong).

I've preliminarily launched an OCMC (UK online court) claim which is pending a Help with Fees assessment and thus hasn't actually been issued. However, I just discovered Help with Fees doesn't absolve you from up to £10000 in legal fees if you lose, so I'm considering giving my claim to Bott & Co instead.

So again, any input would be much appreciated. Thanks in advance

My understanding is that when you apply for and accept a refund, their obligations end.

Furthermore I believe they didn't need to write anything other than that

Not in the case of cancellation. If UK261 compensation is payable for the cancellation (which depends on the reason and circumstances of the cancellation), the passenger is entitled to a full refund (or rebooking at passenger’s choice) plus any other necessarily incurred travel or subsistence expenses.

Not true. Compensation is in addition to either a refund or re-routing. So 1 out of 2 boxes ticked.

They should provide proof of extraordinary circumstances to the passenger on request. The tricky bit is, as I said: do I continue myself through OCMC or do I leave it with Bott & Co, for the reasons in my original post? If the case is too murky and thus financially risky, I'll go with the latter.

You can file a compliant with AviationADR. you will find details here: https://www.aviationadr.org.uk/how-t...asyjet-flight/

EZY is lying in 3 recent cases I had with them. Use ADR, SÖP and after that those legal mercenaries.

Is SÖP more consumer-friendly than AviationADR? Read horror stories about AviationADR blindly accepting airlines' claims and dismissing passengers' evidence to the contrary as "unofficial", with a court subsequently ruling in the passenger's favour

Not really but every case costs them 90€ and increases your chance of winning. I would thereafter also consider small claims. Just need to be a bigger pain in the ... than U2 is for its passengers.

If your court claim is allocated to the small claims track (often referred to as the small claims court) then you would not normally be responsible for legal fees if you lose. Equally, EZY would not be responsible for any legal fees if you win. For UK/EU261 claims they will usually be in the small claims track as the dispute relates to money and is worth less than £10,000.

If you use Bott & Co, their fees come out of your damages if you win.

https://england.shelter.org.uk/profe...nd_multi_track

Thanks everyone, found an excellent middle ground. Cancelled my Bott & Co claim, and my OCMC was just issued (this time Help with Fees went through immediately, without having to send my bank statement) but Bott & Co said they'll happily offer free legal advice on any defence I may receive.

Btw, if I get a Directions Questionnaire, should I consent to the Small Claims Mediation Service? I've read that courts have a favourable view of parties demonstrating willingness to settle, but I know Ryanair's solicitors, Oracle Solicitors, routinely tick "No" to that (not sure about IUNO, who represent easyJet).

Yes, always tick yes for mediation. It is free and is in the spirit of trying to save Court time.
I have had success with SCMS before.

Yes, do not bother with Aviation ADR for Easyjet claims.
Easyjet send in long defences full of irrelevant stuff and the adjudicators side with them.
I have had success with Aviation ADR twice regards Wizzair and TAP, but only because Wizzair put in a woeful defence of about a paragraph in badly written English, and in TAP's case they did not even bother to reply at all.