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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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I am in the process of applying small claims refund from

Customer Question

I am in the process of applying for a small claims refund from Easyjet under EU rule 261/2004.
The flight in question was cancelled at the departure gate, ie less than 7 days notice.
Easyjet dismissed my claim citing extraordinary circumstances(spillage of orange juice leading to crew running out of operating hours).
I managed to get a refund of the booking fee after a long and contested tele call with their customer services.
My contention is that I should be able to claim under EU 261/2004 despite the refund because:
1. As a consumer I believe I have the right to claim a refund for a service which has not been provided.
2. By dismissing my claim citing extraordinary circumstances, EasyJet accepted my right to make a claim under the rule, and not because of my refund.
3. Rule 261/2004 is an EU rule and concerns flight cancellation compensation and is entirely separate from my UK consumer rights.
4. A nice legal point would be that if the flight had been delayed , my refund would invalidate the compensation claim as the delay concerns "late arrival at the destination" , not late departure. So to claim a refund would mean that I did not travel on the flight so could not have arrived early. However, my flight was cancelled and refund or no, could never have arrived 3 hours or 3 weeks late.
Do I have a case for compensation after receiving a refund.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

For what specific loss?