I was squashed in my seat by an overweight plane passenger and want a refund. I don’t care if people think I’m fat-shaming, how is this fair? SALLY HAMILTON has the solution

On a recent flight from Faro to Luton with easyJet, I couldn’t sit comfortably in my seat due to the large size of the passenger next to me. The airline apologised but refused to refund my fare.

I’m sure there will be many who might see this as fat-shaming, but the fact of the matter is that I paid for a seat in which I couldn’t sit properly. This is an issue that the airline industry must fix. I think the least it could offer me is the £110 cost of the seat I couldn’t properly use.

A.E., High Wycombe, Bucks.

Sally Hamilton replies: By coincidence, a couple of days after receiving your request for help, I was on an easyJet flight to Geneva and witnessed a passenger of a large build being politely asked by a steward to move from her booked seat next to other passengers into a row of three seats all to herself. From what I could tell, this was achieved without fuss or inconvenience to the customer.

In your case, such seat switching was not an option as the flight was full. You had to endure a difficult two hours and 50 minutes, spending much of the time standing at the back of the plane.

You told me how understanding the stewards had been about your predicament, offering free drinks to help make up for the inconvenience.

They mentioned the only criterion for a passenger to be allowed in a particular seat is for them to be able to do up their seat belt. But you described to me how your neighbour only managed to fasten theirs after much huffing and puffing and that they undid it even before the seat belt light was switched off – and it remained undone until the landing process. They also raised the arm rest on their chair, enabling them to spread further into your space.

'I couldn’t sit comfortably in my seat due to the large size of the passenger next to me,' writes A.E. from High Wycombe

‘I couldn’t sit comfortably in my seat due to the large size of the passenger next to me,’ writes A.E. from High Wycombe

You said the steward logged your complaint at the time and showed sympathy, and you also sent me a photo in which your neighbour’s torso and leg invaded your seating area, forcing you to squash to one side.

When you complained to customer service, easyJet again expressed sympathy but refused a refund. It said it took feedback ‘very seriously’ and told you the situation would be looked at in further review in order to ‘enhance the travel experience for all our passengers’.

Like you, I didn’t feel words were enough as you booked a seat and had expected to be able to use it. Being uncomfortable on a flight to the point of not being able to sit in the space for most of the journey is not acceptable. If the seating had been broken and caused discomfort, it would have been possible to claim a refund or request a flight voucher. I believe the same should apply in your scenario.

I asked easyJet to reconsider your request for reimbursement, but it stuck to its guns, explaining how strict rules mean that passengers in emergency exit seats (where you and your neighbour were sitting) must be able to use a normal seat belt to be there. This implied it believed your neighbour was not particularly large.

Generally, individuals of a larger size request extension seat belts – but if they do this, they are not permitted to be in the exit row.

Despite this, easyJet offered a £50 voucher as a gesture of goodwill. A spokesman said: ‘We are sorry for A.E.’s experience on his flight. We suggest to customers who require the use of more than one seat for personal comfort to purchase this in advance of travel as we cannot guarantee additional seats will be available on the day of travel, and we ensure that the second seat will never be more expensive than the first.’

This guidance puts the onus on the larger customer (or any customer needing extra space, such as someone with a broken leg) to take action, which clearly didn’t happen in this case. I can see their point of view, though. Who wants to pay for an extra seat when any spare one on the day would be allocated for free? But perhaps the greater question is this: shouldn’t airlines be making seats bigger so all passengers can be comfortable?

Anyway, I thought the £50 voucher fell short and I repeated my argument to easyJet that a ticket price refund would be more appropriate. This time I forwarded the photo clearly showing your neighbour’s limbs encroaching on your space. This seemed to force a change of heart.

A spokesman confirmed: ‘As a further gesture of goodwill, we would be happy to refund A.E. the price he paid for his seat.’

Marks & Spencer package mystery 

On April 21, I ordered four items online costing £102.50 at Marks & Spencer. This was just before the cyber-attack.

I received three items, but not the fourth – a £25 top. Until recently my account showed the top as ‘awaiting dispatch’. Now it has disappeared. I have tried to contact M&S on various e-mail addresses to no avail. In store, I was given a number for customer service… which got me through to a robot that did not understand my situation.

I am frustrated I cannot talk to a human. I no longer want the top but would like a refund.

V.P., Hampshire.

Sally Hamilton replies: Many customers will have sympathy for Marks & Spencer after its cyber-attack in April. It is estimated to have cost the company £300million because it was unable to take online orders for several months.

You were sympathetic up to a point, but three months after ordering you had run out of patience. Somehow, your pre-hack order managed to get lost in the chaos.

Your main irritation was being unable to explain your issue to the chatbots – something many readers suffer from when trying to get a message across about a non-standard problem with a company. If you had been able to speak to a human on the phone, I’m sure your query would have been sorted within minutes.

I contacted an employee at M&S on your behalf and am pleased to say another human member of staff soon phoned you and has processed your refund.

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