A Sunday Times Money reader has forced an airline to pay compensation for cancelled flights by threatening legal action.
John Williams, 61, from Eastbourne, East Sussex, suffered two cancellations by Easyjet, for flights from Faro in Portugal to London in September last year.
The airline agreed to rebook him on alternative flights and cover hotel and food costs while he waited.
However, it refused to pay more than £1,300 compensation that he and his wife, travelling with him, were entitled to under European Union (EU) rules, which states that airlines are obliged to pay compensation, as well as refund or rebook flights, if there was a delay that could have been avoided.
The Sunday Times has received more than 250 reader complaints about airlines refusing to pay claims over the past six weeks, with many potentially flouting consumer protection laws that were introduced by the EU in 2004.
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Williams, a retired investment banker, had travelled to Portugal to attend a 60th birthday party. He was due to fly back from Faro on September 6. On arriving at the airport he was informed his flight had been cancelled, but was not told the reason.
Easyjet agreed to rebook them on a flight leaving two days later. It agreed to pay for food and hotel costs while he waited — an obligation under EU rules. However, the second flight was also cancelled and he eventually flew back on September 10 on a third flight.
Williams made a claim for compensation of €400 for himself and his wife for each of the two cancelled flights — a total of €1,600 (£1,354). Easyjet refused to pay saying the cancellations were due to “extraordinary circumstances.”
Airlines are not obliged to pay compensation if the delay was due to circumstances beyond its control, such as a general strike or severe weather.
The compensation is paid on a sliding scale — from €125 per person if the length of the flight was up to 1,500km and the delay was for up to two hours; up to €600 per person if the distance was more than 3,500km and the delay more than four hours.
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Williams filed a case in Eastbourne County Court to seek clarity over the reason for the cancellations. The judge ordered Easyjet to pay the compensation for the first flight after it failed to submit a defence in time. It was also forced to pay £75 costs. The airline later admitted that the cancellation was due to an oil leak.
A court session to rule on the second cancellation was due later this month, but last week, Easyjet agreed to pay the remaining €800 in vouchers or €400 in cash. Williams accepted the former. He said: “It’s extraordinary that I had to go to court for the airline to admit why the flight had been cancelled.”
Easyjet did not respond to requests for a comment.