Easyjet Gibraltar cancelled flight. No hotel or meals refunded. CEDR failed.
Aug 31, 2018, 4:23 pm
#1
Original Poster
Join Date: Aug 2018
Posts: 7
Easyjet Gibraltar cancelled flight. No hotel or meals refunded. CEDR failed.
Hi,
Flight from Gibraltar to UK was cancelled in April 2018. 4 of us involved. New flights arranged for 2 days later from Malaga.
I arranged for 2 nights in hotel for 4 people and a car to get to Malaga.
On return I submitted expenses to Easyjet.
Easyjet eventually paid for the car, but refused to pay for the hotel and meals and gave reason as the hotel had "not been booked through their disruption portal"
I wrote to Easyjet and asked for my money and waited the prescribed number of days and then made a claim via CEDR.
Easyjet submitted their reason now as "This is a flight to/from Gibraltar "
I have just heard from the CEDR adjudicator that my claim has failed, as Gibraltar does not fall within EU261 due to Spain's claim of sovereignty.
I have 14 days to accept or reject the decision.
I am interested in the note 'or some other legal basis' on the decision letter page 1. I have ringed it.
Does this mean that the claim could be supported by the Montreal Convention if EU261 is no good in this case ?
Or do I just give up and try the insurance company ?
Any comments appreciated
andytw
Flight from Gibraltar to UK was cancelled in April 2018. 4 of us involved. New flights arranged for 2 days later from Malaga.
I arranged for 2 nights in hotel for 4 people and a car to get to Malaga.
On return I submitted expenses to Easyjet.
Easyjet eventually paid for the car, but refused to pay for the hotel and meals and gave reason as the hotel had "not been booked through their disruption portal"
I wrote to Easyjet and asked for my money and waited the prescribed number of days and then made a claim via CEDR.
Easyjet submitted their reason now as "This is a flight to/from Gibraltar "
I have just heard from the CEDR adjudicator that my claim has failed, as Gibraltar does not fall within EU261 due to Spain's claim of sovereignty.
I have 14 days to accept or reject the decision.
I am interested in the note 'or some other legal basis' on the decision letter page 1. I have ringed it.
Does this mean that the claim could be supported by the Montreal Convention if EU261 is no good in this case ?
Or do I just give up and try the insurance company ?
Any comments appreciated
andytw
Sep 1, 2018, 7:50 am
#3
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
EC 261/2004 simply does not cover your ticket, e.g. departing Gibraltar. There is an express exclusion from the Regulation.
Montreal Conventiuon? Doesn't HMG see GIB-UK as a domestic hop? Perhaps Spain might be quite willing to step in and argue your case ! (not really).
If the deadline under your travel insurance has not yet passed, I would file this claim with them. Many policies have a short notice period even if a claim is never filed. Best to have that in mind while tussling with a carrier and others over EC 261/2004 in any form.
Montreal Conventiuon? Doesn't HMG see GIB-UK as a domestic hop? Perhaps Spain might be quite willing to step in and argue your case ! (not really).
If the deadline under your travel insurance has not yet passed, I would file this claim with them. Many policies have a short notice period even if a claim is never filed. Best to have that in mind while tussling with a carrier and others over EC 261/2004 in any form.
Last edited by Often1; Sep 1, 2018 at 8:28 am
Sep 6, 2018, 11:28 am
#5
Original Poster
Join Date: Aug 2018
Posts: 7
Sep 10, 2018, 2:56 am
#6
Original Poster
Join Date: Aug 2018
Posts: 7
