Dispute with EasyJet

[joncombe]

Moderator note - posts #1 - #7 originally in this thread.

Since there are a few experts on here I wonder if I could ask for some help for a dispute I'm having with EasyJet?

I booked a 1-way flight from London Luton to Inverness, along with 5 days car hire with Europcar (also booked with Easyjet at the same time) for 8th July 202 departing at 9:40 and paid by credit card on flight no EZY153.

On 19th June 2020 Easyjet sent me an email telling me of "Important changes to your upcoming easyJet flight" telling me that there has been an "update" to my flight and the changes include a change to the departure date, departure airport and flight time. The booking was updated to flight EZY863 departing from London Gatwick on 9th July (1 day later) at 10:45.

The email said if I was not happy with the change I switch to another flight or request a voucher (no mention of a refund) by calling 0330 365 5000. Unfortunately the booking on the Easyjet website had been "amended" as if the new flights were those I originally booked. There was no "manage disruption" button and and amends seemed to be charged. However in any case I didn't want an amend as Easyjet wern't operating any flights from any London airport to Inverness on the date (the original flight was cancelled, though they never said as much). .

I tried multiple times to contact Easyjet on that number either getting a message they were too busy to take my call and to call back another time (after which the call cut off) or I held on for over an hour before giving up.

I sent them an email saying I did not accept the changes and requested a refund. I only got sent back an FAQ in response. I also filled in their refund form, providing the details and requesting a refund. They did not reply until after both flights were scheduled and denied the refund claiming the flight still ran. I raised a complaint too, which was never responded too.

So I had made every attempt to contact Easyjet to make it clear I did not accept the change and wanted a refund.

I have since raised a dispute with my credit card company (American Express) who did a charge back. However EasyJet have objected and provided evidence. I have again dispited this with Amex but suspect I will be going around in circles since the letter said they had accepted the evidence Easyjet provided and reversed the chargeback. The evidence is from their booking system (Amadaeus?) showing the flight details of the Gatwick booking and claiming I was a "no show". This is true because I didn't accept the change and the original flight was cancelled. However the evidence also shows the original booked flights from Luton to Inverness, which does provde the flight they claim I "no showed" for is not the one I booked.

They never offered any refund for the lost days car hire either.

It is my understanding that if the flight is cancelled (as identified by the flight no changing) the customer is entitled to a refund to the form of payment used to make the booking (not a voucher). Easyjet did not offer this and made themselves impossible to contact to tell them I did not accept the change (though I filled on all the forms on their website, sent emails etc).

Can anyone suggest how I can resolve it further? I don't want to lose the money.

I believe the EU legislation means I should get a refund here and as it was a package (included car hire) I believe the package conditions state this is the case too. I'd consider a change in departure airport and date to be a "significant" change.

Ideally I was after anything from the CAA or the EU I could quote to the credit card company and airline pointing out they were obliged to offer a refund and did not do so here? I also believe they were obliged to offer a choice of replacement flights too in this case (not just pick one for me without the ability to change it).

Any help appreciated and sorry this might not be entirely relevant to this thread but I don't know where else to go for help and know there are a lot of knowledge and helpful people here.

 

[jfollows]

I'm not an expert, so I guess you're going to have to persevere and send letters etc.

I see (https://forums.moneysavingexpert.com/discussion/6118476/easyjet-cancellations-and-refunds/p91) comments about similar things, so perhaps it helps to know that you're not alone:

I'm afraid this is a trick Easyjet are using to try to avoid giving refunds. They cancel the original flights and move you to flights that are still running (even if from a different airport or on a different date), without asking you. Then they claim your booking has been "amended" to a new flight (but don't give the option to request a refund and make you call them to request a voucher, but on a number that is not answered because they are "too busy"). Then when the flight they "amended" you onto ran they claim they are not liable for a refund.

I got money back from my card issuer after they pulled this trick on me. Per Civil Aviation Authority rules if a flight is cancelled (identified by the flight number changing) they are obliged to offer the consumer the option to change flights or to take a refund however they are not doing the latter and not really the former (since it appears Easyjet decide to choose the replacement flights for you).

There is no way in my mind that a 09:40 EZY153 Luton-Inverness flight on 8/7/2020 can be "rescheduled" or "amended" to a 10:45 EZY863 Gatwick-Inverness flight on 9/7/2020 and I expect that eventually you'll get your money back, but not without some effort on your part.

 

[jfollows]

Thanks jfollows. The post you quoted from moneysavingexpert.com is actually also mine! But there are others on there with the same issue.

OK, that's interesting, but there is some inconsistency then - my guess is that your original post to moneysavingexpert.com was made earlier when you thought you were getting your refund from Amex but now you've found out that because EasyJet has disputed this and provided "evidence" this is no longer the case?

I suspect you need to continue to pursue this with Amex, as you are doing, but if this doesn't lead to your refund then I'm not sure what's next, which is what you're asking the forum I think?

 

[joncombe]

OK, that's interesting, but there is some inconsistency then - my guess is that your original post to moneysavirngexpert.com was made earlier when you thought you were getting your refund from Amex but now you've found out that because EasyJet has disputed this and provided "evidence" this is no longer the case?

Exactly that. After approximately 1 month Amex asked me for evidence. I provided it. Now another month or so later, they have reversed it.

I suspect you need to continue to pursue this with Amex, as you are doing, but if this doesn't lead to your refund then I'm not sure what's next, which is what you're asking the forum I think?

Well ideally I was after some laws I could quote that a refund should be provided here and wasn't - or that the service offered (a flight on a different date, from a different airport) was significantly different than booked (consumer rights act?)

 

[packermac]

Since there are a few experts on here I wonder if I could ask for some help for a dispute I'm having with EasyJet?

I booked a 1-way flight from London Luton to Inverness, along with 5 days car hire with Europcar (also booked with Easyjet at the same time) for 8th July 202 departing at 9:40 and paid by credit card on flight no EZY153.

On 19th June 2020 Easyjet sent me an email telling me of "Important changes to your upcoming easyJet flight" telling me that there has been an "update" to my flight and the changes include a change to the departure date, departure airport and flight time. The booking was updated to flight EZY863 departing from London Gatwick on 9th July (1 day later) at 10:45.

The email said if I was not happy with the change I switch to another flight or request a voucher (no mention of a refund) by calling 0330 365 5000. Unfortunately the booking on the Easyjet website had been "amended" as if the new flights were those I originally booked. There was no "manage disruption" button and and amends seemed to be charged. However in any case I didn't want an amend as Easyjet wern't operating any flights from any London airport to Inverness on the date (the original flight was cancelled, though they never said as much). .

I tried multiple times to contact Easyjet on that number either getting a message they were too busy to take my call and to call back another time (after which the call cut off) or I held on for over an hour before giving up.

I sent them an email saying I did not accept the changes and requested a refund. I only got sent back an FAQ in response. I also filled in their refund form, providing the details and requesting a refund. They did not reply until after both flights were scheduled and denied the refund claiming the flight still ran. I raised a complaint too, which was never responded too.

So I had made every attempt to contact Easyjet to make it clear I did not accept the change and wanted a refund.

I have since raised a dispute with my credit card company (American Express) who did a charge back. However EasyJet have objected and provided evidence. I have again dispited this with Amex but suspect I will be going around in circles since the letter said they had accepted the evidence Easyjet provided and reversed the chargeback. The evidence is from their booking system (Amadaeus?) showing the flight details of the Gatwick booking and claiming I was a "no show". This is true because I didn't accept the change and the original flight was cancelled. However the evidence also shows the original booked flights from Luton to Inverness, which does provde the flight they claim I "no showed" for is not the one I booked.

They never offered any refund for the lost days car hire either.

It is my understanding that if the flight is cancelled (as identified by the flight no changing) the customer is entitled to a refund to the form of payment used to make the booking (not a voucher). Easyjet did not offer this and made themselves impossible to contact to tell them I did not accept the change (though I filled on all the forms on their website, sent emails etc).

Can anyone suggest how I can resolve it further? I don't want to lose the money.

I believe the EU legislation means I should get a refund here and as it was a package (included car hire) I believe the package conditions state this is the case too. I'd consider a change in departure airport and date to be a "significant" change.

Ideally I was after anything from the CAA or the EU I could quote to the credit card company and airline pointing out they were obliged to offer a refund and did not do so here? I also believe they were obliged to offer a choice of replacement flights too in this case (not just pick one for me without the ability to change it).

Any help appreciated and sorry this might not be entirely relevant to this thread but I don't know where else to go for help and know there are a lot of knowledge and helpful people here.

Everything you say is true but airlines around the world, not just the UK are not/have not been following the rules. Keep trying but be prepared for it to be a long haul (no pun intended) and that any airline may end up folding (even those that claim to be healthy) before you get your money if the pandemic gets a lot worse over the winter.

 

[jfollows]

Sorry I can't give you the answers you need directly, but perhaps you could engage someone like https://www.bottonline.co.uk/flight-delay-compensation/airlines/easyjet (they're based in Wilmslow, where I live, but I've no connection to them in any way other than knowing roughly where their office is) to sue EasyJet for return of your money? The claim will include the fees of the solicitor as well, and although you probably won't get any more money as a result at least you'll know that EasyJet will have to pay out more than if they'd not contested your initial claim. I know there's no entitlement to compensation from the flight change, but you could probably claim for compensation for your time & effort pursuing the case also.

EDIT - PS You should also sue them for your hire car costs as well if you do so, I don't see why not!

PPS If I bought a train ticket from Wilmslow to London for tomorrow but had it replaced by a ticket from Stafford to London for a different day I would hardly be happy, would I? I can't imagine a rail company doing this, but airlines try it on don't they?

 

[Urobach]

I tried multiple times to contact Easyjet on that number either getting a message they were too busy to take my call and to call back another time (after which the call cut off) or I held on for over an hour before giving up.

As others have said to persevere, my experience of phoning easyJet was 3 and a half hours before someone picked up (and that was to use a flight voucher!). If you can stomach listening to the same 10 or so songs over again, stick the phone on speaker keep near you and watch TV or something. They'll pick up.... eventually....

 

[joncombe]

The problem was I was trying (and failing) to contact Easyjet *before* the flight departed and it's now too late with that.

I have again contacted American Express and they have re-opened the dispute.

I have also raised a complaint with them because it's clear that no one read the documents I had uploaded to the dispute (as they requested), which show the emails I sent to Easyjet and their response. I also submitted their online refund request and this was denied on the basis the flight wasn't cancelled (presumably referring to the amended flight not the original one which most certainly was cancelled).

The response Easyjet sent to American Express states

"Easyjet is not refunding bookings where flights where operating as normal but the customer chose not to fly due to their own coronavirus concerns. They could have made full use of their purchase and as such our usual terms and conditions apply (Section 5 - Refunds).

If the cardholder was unable to use these flights due to other restrictions outside of Easyjets control then this does not entitle then to a refundvia the chargeback process as easyjet has fulfilled it's obligations agreed to at the time of purchase. We can provide them with a letter to claim frm their insurance should they wish to contact our customer services.

We will not accept a chargeback for this transactions. Please ensure we are not debited

Additionally the cardholder did not contact our Customer Service team or initiate an online cancellation for this booking prior to the flight departing and up until this date. Please see the attached screenshot from easyjet Airline Managment System as evidence that the flights paid for did take place and could have been used by the cardholder should they have chosen to board the aircraft".

Well what can I say! I'm fuming. I didn't choose not to travel due to "own coronavirus concerns" - I was not able to contact them and give a reason so this is made up.

The flight I booked was not "operating as normal" it was cancelled. They did not "fullfill their obligations agreed to at time of purchase" because the flight I booked did not operate.

However the bit that annoys me most is the statement that I did not contact our Customer Service team or initiate an online cancellation for this booking.

I did both of those things, and I submitted proof of that to American Express along with the response (to both) from Easyjet. So this is simply an outright lie and I am annoyed that it's clear that no one from American Express actually seems to have looked at any of the documentation that I supplied and have simply taken what Easyjet said as correct.

However the evidence Easyjet provide also show the booked flight differs from the one they provided a screenshot of! So I don't think they can have looked at that either.

 

[FQTV]

I’ll be honest that I’m slightly surprised that AmEx hasn’t pursued this more diligently; they’re normally very good with this kind of thing and err on the side of the cardmember, so I wouldn’t let this lie with them either.

However, easyJet does subscribe to an independent ‘Alternative Dispute Resolution’ service itself, at:

Resolve a company or trader dispute - CEDR

We can help you to resolve your dispute with a company or trader when you have exhausted their complaints procedure.

www.cedr.com

If the car rental made the original booking a ‘package’ under the terms of relevant legislation, then you should have additional rights in law as well.

So, before you go down the ADR route, check the terms at:

https://www.easyjet.com/en/terms-and-conditions/package-bookings

If these applied to your original booking, then I’d suggest sending a ‘letter before action’ by SignedFor post, and give them the requisite notice period.

If they do not respond, then you can make a claim against them online through the courts system (Money Claim Online):

Make a court claim for money

How to take legal action if someone owes you money (small claims court), how much it costs, what happens next. Includes information from withdrawn guidance EX303, EX304, EX306, EX321, EX325 and EX350.

www.gov.uk

 

[joncombe]

I’ll be honest that I’m slightly surprised that AmEx hasn’t pursued this more diligently; they’re normally very good with this kind of thing and err on the side of the cardmember, so I wouldn’t let this lie with them either.

Yes me too. I have had disputes before and always found them excellent, but it does seem to me in this case they simply didn't read any of the correspondence I sent, which is disappointing.
[/quote]

However, easyJet does subscribe to an independent ‘Alternative Dispute Resolution’ service itself, at:

Resolve a company or trader dispute - CEDR

We can help you to resolve your dispute with a company or trader when you have exhausted their complaints procedure.

www.cedr.com

Yes not sure where I stand with this but worth ago. I did raise a complaint to Easyjet back in July, but did not get a response (at all). And I believe you have to have tried to resolve the complaint with the airline first, so not sure if getting no response to a complaint is enough.

If the car rental made the original booking a ‘package’ under the terms of relevant legislation, then you should have additional rights in law as well.

Yes, I got an ATOL certificate attached to the booking.

So, before you go down the ADR route, check the terms at:

https://www.easyjet.com/en/terms-and-conditions/package-bookings

If these applied to your original booking, then I’d suggest sending a ‘letter before action’ by SignedFor post, and give them the requisite notice period.

If they do not respond, then you can make a claim against them online through the courts system (Money Claim Online):

Make a court claim for money

How to take legal action if someone owes you money (small claims court), how much it costs, what happens next. Includes information from withdrawn guidance EX303, EX304, EX306, EX321, EX325 and EX350.

www.gov.uk

Yes, great find thanks. These make it clear they should have offered a refund and given 7 days to accept/reject the changes, which they did not do. The terms they sent AMEX were the flight only ones (probably because it would look more favourable to them).

 

[crablab]

I have had disputes before and always found them excellent, but it does seem to me in this case they simply didn't read any of the correspondence I sent, which is disappointing.

I would suggest it's probably because they are overwhelmed with similar requests

I would recommend not doing anything until you have concluded the dispute process with Amex. If they're not doing a good job, you should raise a complaint and if necessary take it to the FOS. From experience, if you do go outside the chargeback process it will essentially close off that avenue.

Note: I am experienced in Mastercard Dispute Resolution, but I don't have knowledge of Amex rules and they're structured differently.

Worth noting that the chargeback process has stages with strict time limitations, and it's also not repeatable. So if you do terminate the process early, that's final.

Again, I don't know specific Amex rules but for Mastercard you'd have a chargeback right under 4853 for goods/services not provided. As the contract has materially changed (and you don't not accept restrictive terms that required you to unilaterally accept these changes), the merchant must offer you an alternative you're happy to accept, or a refund. You're not obligated to accept the alternative.

 

[joncombe]

I spoke to American Express and they have put it back for review but the sticking point seems to be that I have stated the flight was cancelled and the documentation I submitted (which is from Easyjet) claims it was amended. I have explained that the flight numbers on their evidence and the amended booking differs. However they told me that is a legal matter and they can only asses the claim on the evidence provided.

Therefore is there any way I can prove the flight was cancelled. Does it get logged in any sort of "official" system anywhere?

 

[FQTV]

I spoke to American Express and they have put it back for review but the sticking point seems to be that I have stated the flight was cancelled and the documentation I submitted (which is from Easyjet) claims it was amended. I have explained that the flight numbers on their evidence and the amended booking differs. However they told me that is a legal matter and they can only asses the claim on the evidence provided.

Therefore is there any way I can prove the flight was cancelled. Does it get logged in any sort of "official" system anywhere?

In theory, it should show on Flightradar24, but you'd need a premium subscription. There is a seven day free trial option, however:

Live Flight Tracker - Real-Time Flight Tracker Map | Flightradar24

The world’s most popular flight tracker. Track planes in real-time on our flight tracker map and get up-to-date flight status & airport information.

www.flightradar24.com

Silver gets you 90 days' history and Gold gets 365 days'.

 

[joncombe]

Sorry hadn't had chance to update this thread yet but another member has very kindly sent a screenshot from Flightradar that shows the flights operating with this number going back to the date in question, so I will add that to the dispute and see if it helps.


-- Update 28/10/2020 --

Thanks for the help here. Just had confirmation from American Express that they have reviewed the evidence both parties supplied again and upheld the dispute in my favour, so the money will be credited to my account again and the case is now closed.