Bushey man, Adam Rubens, wins court battle against 'unreasonable' easyJet cancellation policy

Watford Observer: Bushey man, Adam Rubens, wins court battle against 'unreasonable' easyJet cancellation policy Bushey man, Adam Rubens, wins court battle against 'unreasonable' easyJet cancellation policy

A Bushey businessman has won a legal case against easyJet after challenging the airline’s sky-high cancellation fees.

Adam Rubens booked a ticket to Tel Aviv in Israel last December, but changed his mind half an hour later.

The budget airline charged the father-of-three £135 to cancel the £306 he paid for the flight and additional charges.

On top of a £30 each way flight cancellation fee and £17 credit card charge, easyJet kept the £38 baggage fee and £20 seat allocation fee.

Whilst Mr Rubens, who lives in Silverdale Road, was happy to pay the cancellation fee but he did not believe the additional charges were legally enforceable because they were not "reasonable".

The 47-year-old said: "Although the flight cancellation fee is excessive I knew that I had to pay that.

"But why should I have to pay the baggage fee and seat allocation when I could have booked them nearer the flight, which was meant to be this month.

"easyJet was not losing any money by changing those so I wasn’t prepared to pay it without a fight.

"It really got my goat, just because it was in the terms and conditions didn’t mean I was going to accept it."

Mr Rubens won his case against easyJet at Watford County Court on May 29.

Deputy District Judge Kenneth Arnold rejected easyJet's claim it was entitled to the full fees because Mr Rubens agreed to the terms and conditions.

Instead, Judge Arnold ruled easyJet's terms and conditions were "unreasonable".

He awarded Mr Rubens his £58 baggage and seat fees plus £50 legal costs.

Mr Rubens continued: "This was never about the money. It wasn’t even a crusade against easyJet. It was the principle. I was just so infuriated by the arrogance of the airline, who refused to hear my concerns because it was in their terms and conditions. I wanted to prove a point. Morally how can they do that to people?  I couldn’t let it rest.

"Too many people accept their fate because it is written in a company's terms and conditions.

"I have been contacted by many people who have agreed with me, I am chuffed to have won the case. I knew my argument was right and was resistant to being ripped off.

"All terms and conditions are subject to fairness, and I hope this sets an example."

The Watford Observer made numerous attempts to contact easyJet, however they had not responded at the time of going to publication.

Comments (4)

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2:28pm Wed 9 Jul 14

TRT says...

Ha! Excellent. I really dislike all these additional fees and charges that companies add on to headline prices. Estate agents are amongst the worse - particularly one of the ones that has an office on St. Alban's Road; they took my holding deposit after I balked at them requesting a total of four different fees on two separate occasions after I'd specifically asked them is that all the fees and deposits required. I've no objection to an itemised bill for fees, but when they keep coming up with new ones to the point where every time you leave their office you're unexpectedly £200 lighter, well it really grinds my gears. It smacks of dishonesty and sneaky underhandedness, and easyJet deserved to be slapped for that one.
Ha! Excellent. I really dislike all these additional fees and charges that companies add on to headline prices. Estate agents are amongst the worse - particularly one of the ones that has an office on St. Alban's Road; they took my holding deposit after I balked at them requesting a total of four different fees on two separate occasions after I'd specifically asked them is that all the fees and deposits required. I've no objection to an itemised bill for fees, but when they keep coming up with new ones to the point where every time you leave their office you're unexpectedly £200 lighter, well it really grinds my gears. It smacks of dishonesty and sneaky underhandedness, and easyJet deserved to be slapped for that one. TRT
  • Score: 5

2:59pm Wed 9 Jul 14

overhere says...

He should have also challenged the £17 credit card charge. In the original transaction of £300 the credit card company charge 1.75% of the amount to the retailer plus the cost of the card transaction, which for a company the size of EasyJet would be about 20p meaning that the cost to EasyJet charge should have been about £5.50 but as he attempted to cancel the original transaction none of the £5.50 would have been charged to EasyJet, only the cost of processing the cancellation "fee" for the transaction of 2x£30+£58 would be about £2.30 not £17.

I thought the EU had banned companies from charging unrealistic credit card fees?
He should have also challenged the £17 credit card charge. In the original transaction of £300 the credit card company charge 1.75% of the amount to the retailer plus the cost of the card transaction, which for a company the size of EasyJet would be about 20p meaning that the cost to EasyJet charge should have been about £5.50 but as he attempted to cancel the original transaction none of the £5.50 would have been charged to EasyJet, only the cost of processing the cancellation "fee" for the transaction of 2x£30+£58 would be about £2.30 not £17. I thought the EU had banned companies from charging unrealistic credit card fees? overhere
  • Score: 7

5:22pm Wed 9 Jul 14

Popeonarope says...

Excellent. Well done Mr Rubens!

" I knew my argument was write and was resistant to being ripped off."
WO...Right. :o)
Excellent. Well done Mr Rubens! " I knew my argument was write and was resistant to being ripped off." WO...Right. :o) Popeonarope
  • Score: 3

2:45am Fri 11 Jul 14

Honest Rog says...

Well done Mr Rubens! The fact that Judge Arnold described Easyjet's terms and conditions as "unreasonable" surely leaves the door open for further legal challenges to these sneaky charges.
Well done Mr Rubens! The fact that Judge Arnold described Easyjet's terms and conditions as "unreasonable" surely leaves the door open for further legal challenges to these sneaky charges. Honest Rog
  • Score: 3
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