Every Mistake Went the Same Way
A cancelled easyJet flight, a regulation that is admirably clear, and four decisions that were all wrong in the same direction. I got most of the money back. What I want to talk about is what it cost to get it.
A few weeks ago Lucy and I were lucky enough to go to a wedding at the top of a category 3 climb, overlooking a lake in northern Italy. Cyclists will know precisely what that means, and will also know that the view at the top is usually worth it. Everybody else can take it as a long way up a narrow road. The wedding was wonderful.
The journey home was ruined by easyJet.
The text message arrived at 16:49. The flight was due to leave Milan Malpensa for Malaga at 19:20. That is two and a half hours' notice, which under European law is both late enough to owe compensation and early enough that we were still in a taxi rather than at a gate.
What follows is not really a complaint about a cancelled flight. Aircraft break and crews run out of hours, and easyJet accepted from the outset that this one was cancelled for crew reasons, which is to say not for anything outside its control. The regulation anticipates all of that. It is one of the clearer pieces of consumer law in Europe, it has been in force since 2005, and easyJet publishes its own summary of it.
The complaint is about what happened next, over seven weeks and five letters, and about the single pattern running through all of it.
Four decisions
There were four substantive decisions in this case. Here they are in order.
The compensation was assessed at €125 per passenger. The correct figure was €250: the distance is 1,487 kilometres, which easyJet itself confirmed, and that falls in the band easyJet itself publishes. The halving was achieved by treating Barcelona — where we were offered a flight to, and from which we arranged our own onward travel — as our final destination. Malaga was the final destination. It is on the ticket.
I challenged that. The decision was maintained, in terms, as correct “based on our policy”, without engaging with the point.
I challenged it again, this time quoting easyJet's own Notice of Rights back at it. On the third attempt the figure was corrected to €500 in full, and paid.
The expenses decision reimbursed €500.27: meals, and the replacement Barcelona–Malaga flight I booked and paid for myself that evening, including the extra-legroom seats that matched the original booking. It refused the hotel — €198.36 for the night of 6 to 7 September — on the ground that it was a private arrangement booked after the flight disruption took place.
Why that last one cannot be right
Read the refusal again, because it is the most interesting document in the file.
Every expense under Article 9 of Regulation 261/2004 is by definition incurred after the disruption. The right to care is created by the cancellation. A rule that accommodation must be arranged before the event that makes it necessary would empty the provision of all content, which is presumably why no such rule exists.
And the same decision, on the same page, reimbursed a flight I had also booked myself, also after the disruption, also that evening, from the same airport. A reason that did not prevent reimbursement of the flight cannot support refusal of the hotel. The two cannot both stand, and one of them is a cheque that already cleared.
Reimbursed. Replacement flight, Barcelona to Malaga. Booked by me, after the cancellation, on the evening of 6 September. €490.12.
Refused. Hotel, Barcelona airport. Booked by me, after the cancellation, on the evening of 6 September. €198.36. Reason given: a private arrangement booked after the flight disruption took place.
easyJet's own published policy says that where an overnight stay becomes necessary it will provide a hotel and transport to it, and that where it cannot arrange that itself it will reimburse reasonable expenses against itemised receipts. No accommodation was offered or arranged. Neither the cancellation message nor the cancellation email mentioned the right to care at all. The invoice has been supplied twice.
The pattern
Here is the thing I keep returning to, and it is not the money.
Four decisions. Every one of them wrong. Every one of them wrong in the same direction. Not one arithmetic slip in my favour, not one generous reading, not one instance of easyJet discovering it owed me more than I had asked for.
Errors that are genuinely random do not all point the same way. When every mistake favours the same party, you are not looking at a series of mistakes. You are looking at a setting.
I want to be careful here, because I cannot see inside the process and I am not alleging that anybody set out to cheat me. It does not require that. A system staffed by people working to templates, under time pressure, with a default of declining anything that does not fit the template cleanly, will produce exactly this distribution without a single person intending it. The bias lives in the design, not in the staff. That is in some ways worse, because there is nobody to persuade.
What makes it work is that each individual decision is small enough not to be worth fighting. €125 a head. €198.36. Figures chosen, or arrived at, at precisely the level where a reasonable person decides that their evening is worth more than the dispute.
The silence
I challenged the hotel refusal on 25 September and asked for a reply within fourteen days. That period expired on 9 October. Nothing arrived. Not a holding reply, not an acknowledgement, not a refusal. Nothing.
On 10 October I sent a letter before action. It set out the four points above, asked for payment of €198.36 or confirmation that this was easyJet's final response, and gave fourteen days. It said what would happen otherwise: a complaint to ENAC, the Italian enforcement body designated under Article 16, the flight having left Malpensa; and a claim under the European Small Claims Procedure in the courts of Malaga, as the place of arrival of the contracted carriage, against easyJet Europe Airline GmbH as operating carrier. For €198.36 in accommodation, €60 in additional dog boarding as a consequential loss, interest and costs.
That deadline expired on 24 October. Nothing arrived then either.
So both of those things are now happening. This piece was written in the gaps between ENAC's online complaint form and Form A of the European Small Claims Procedure — the latter a genuinely well-made document, clear about what it needs and why, which I had not expected to be completing over a hotel bill.
The channel that answers
Somewhere in the middle of this I also posted about it on X, tagging easyJet, on the reasonable theory that a public channel sometimes moves faster than a private one.
It worked, briefly. Somebody replied. It was prompt, it was sympathetic, and it asked me for details.
I sent the details. That was the last I heard.
No follow-up. No case reference. No connection to either of the two cases already open, which were in the meantime continuing to go wrong in the usual direction. The reply existed, and then it stopped existing, and the thing it was replying about carried on exactly as before.
Which tells you what that channel is for. It is not a route to resolution. It is a visible demonstration that somebody noticed, performed in front of an audience, and complete the moment the audience has seen it. It exists to make people feel heard. It does not exist to hear them.
The part I could not have invented
The public post did have one concrete consequence, though I doubt it was the intended one.
On the afternoon of the day I sent the letter before action, I received an email from an address at a free webmail provider, signed by an Escalation & Response Supervisor, apologising for the frustration caused by my flight cancellation and the additional hotel expenses, and referring to the €198 I was owed.
It was a phishing attempt, and a reasonably well-aimed one. Somebody knew there was an open dispute and roughly what it was worth, and the only place either of those facts was public was X. Complaining in the open is how you get noticed. It turns out it is also how you get farmed.
So I did the responsible thing and forwarded it to easyJet's published phishing address.
It bounced. The address, I was informed by the mail server, only accepts messages from people in its organization or on its allowed senders list, and your email address isn't specified.
I have read that sentence a number of times. An address published by easyJet so that customers can report fraud committed in its name, configured to accept mail only from easyJet employees. It is not malice. It is a firewall rule that somebody applied to a mailbox without asking what the mailbox was for. But it is a very exact small picture of the whole thing: a process that is correct in its parts and useless at the thing it exists to do.
What it actually cost
Let me total this up honestly, because the outcome is not a bad one.
I recovered €500 in compensation, in full, after three attempts. I recovered €500.27 in expenses. Both are paid and I have no complaint about the amounts. What remains outstanding is €198.36 and a reserved €60.
Against that: five substantive letters, a reading of the regulation, a reading of easyJet's own published policy so that I could quote it back, two document bundles, a calculation of the great-circle distance to establish which compensation band applied, and seven weeks. Call it a working day, spread thin, by somebody who is comfortable with regulatory texts and had the invoices filed.
I am unusually well equipped for this. I do compliance for a living. I have the receipts because I always have the receipts. I was not going to give up over €198 as a matter of temperament, which is a luxury, not a virtue.
Most people are not in that position, and the process does not seem to be designed on the assumption that they are. Everyone who shrugged at €125 a head because the first answer sounded official kept €125 a head less than the law gives them. The regulation is strong. The enforcement of it is almost entirely delegated to the stubbornness of the individual passenger, which is a strange way to run a right.
The point
I did not write any of this down because €198.36 matters. It does not, particularly. I am writing it because I still have not been paid, and because a deadline I set in writing has now passed in silence for the second time. The first was a fortnight that ended on 9 October. The second was a fortnight that ended on 24 October. Both were reasonable, both were explicit about what would follow, and neither produced so much as an acknowledgement.
I wrote it down because of the direction. One wrong decision is an error. Two is bad luck. Four, each of which required me to cite easyJet's own published wording back to it before it was corrected, and each of which failed in the same direction, is a system doing what it does. Nobody has to be acting in bad faith for that to be true, and no individual I dealt with was anything other than polite.
The regulation already works. The documents were never in dispute. What stood between me and the right the law gives me was nothing more than the quantity of effort required to assert it — and that quantity is, I suspect, the only variable anybody is actually managing.

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