Flight delay and cancellation compensation, Jet2.com ONLY

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1310311313315316384

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  • Bexybexbex
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    JPears - the numbers relate to Tyzap's post before where (I'm going to guess a he) he stated that I had 4 options.

    1. Issue MCOL
    2. Get Bott and co (or other) to take it on
    3. CAA
    4. Walk away
  • PomBear
    PomBear Posts: 172 Forumite
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    Finally getting round to filling in form N1.

    Can I just check with those who have been through the process:
    Did you use Low Fare Finder House as the defendant's address?
    Did you use their legal team's PO Box address for service of documents?
  • PomBear
    PomBear Posts: 172 Forumite
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    And, did you claim in € or £? I was going to claim in € but realised the court fee is in £ - I can't enter a total if I don't standardise to one currency.
  • JPears
    JPears Posts: 5,086 Forumite
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    Probably best to use the address they have corresponding from, especially if this is the registered business address shown at companies house.
    Claim in £ at the historical rate most favourable to you eg time of delay, current date or when you first submitted your claim.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • PomBear
    PomBear Posts: 172 Forumite
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    Form N1 now winging its way to Salford. Grateful for the help here - encouraged me to DIY it. Went with Jet2’s registered address (Low Fare Finder House) as defendant, but requested documents be served on Jet2’s legal team (correspondence address to date).

    Interesting that they completely ignored my NBA. From advice on here, what I understand is that the weather (which affected no other flights arriving or departing Thessaloniki that night - thanks Tyzap) is not something they can rely on. The weather affected the preceding flight and did not directly affect my flight. There was no runway closure or ATC restrictions on planes properly crewed / equipped. Nearly four weeks on, apart from an acknowledgment, they haven’t responded.

    Annoyed I am having to fork out £80 to issue proceedings for a claim that it doesn’t appear that Jet2 can defend. However, and I probably should be careful what I say, inferences can be made.

    Last year, family PomBear booked two holidays through them and spent a not insubstantial amount. In future, I will only ever book a flight with them if they are the only operator that offers the routes or times I need. And that would be reluctantly. I will never book another holiday through them.

    Will keep you posted. But as Vauban suggested, I might need a new hat. Whatever happens, will continue to lurk and be of help if I can.
  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    Good luck PomBear,

    We'll all be waiting for an update :)
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • Vauban
    Vauban Posts: 4,736 Forumite
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    Yes good luck from me too - do let us know how you're getting on. Bet you a pie to a pint they don't let it go to court though ...

    Don't be bounced when their lawyers start making offers: you know once they start this, they're throwing in the towel - but you might need to hold firm to get your full entitlement.
  • Bexybexbex
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    Good luck, I'm right behind you.
  • PomBear
    PomBear Posts: 172 Forumite
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    OK, so Jet2 won’t have received my N1 yet. Would have arrived with courts on Monday. But, I have (more than four weeks later), received a response to my NBA.

    It states: “I note that you argue that as weather did not directly impact your flight, that you feel compensation under the Regulation should be payable. In this respect, the language of Article 5(3) is clear - the delay must simply be ‘caused’ by the extraordinary circumstance. In this regard, Jet2.com respectfully adopts the reasoning of District Judge Gill in Gerd Giesinger v. EasyJet Airline company Ltd (unreported, 18 November 2013):

    ‘... I see no reason why one should put that qualification on the plain words “caused by”. Once you accept the meteorological conditions are extraordinary circumstances, then it seems to me that you must accept, the evidence is there... that the delay was caused by those circumstances, even if the chain of causation extends to several flights. ...”

    “As Jet2.com flights operate as a rotational pairing consisting of an outbound and inbound sector, it can be seen that the weather directly impacted our ability to operate your flight as scheduled, due to the late arrival of the outbound sector”.

    Any thoughts?

    Obviously, we know that the outbound sector was delayed due to a burst tyre requiring a change of aircraft. That aircraft was not permitted to land on runway 34 at SKG. We don’t know why, but all other aircraft except one, landed / took off successfully from Runway 34 that night. The one that didn’t, successfully landed on Runway 16. My flight attempted 16 but the tailwind didn’t come within limits. We also know that the right lainding aids need to be on the plane for a landing on 34 at night... We can assume the plane didn’t have these or the crew weren’t sufficiently trained.

    PM me if you think I need to be careful what I say - ie Jet2 not pre-emptying argument I’ll use in court.

    I am fuming over this. They will do anything to not pay out on legitimate claims. Worst company ever - a 19 hour delay with two four year olds was pretty horrendous. And given they diverted the plane to Athens at almost midnight, why did we have to wait until 5pm the following day for our return flight? Surely they could have minimised the delay by sending an aircraft from the UK? I’ve always suspected the crew were out of hours, or the plane needed maintenance.
  • JPears
    JPears Posts: 5,086 Forumite
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    Its a hearing I've not heard of before.
    And if its a County Court, its not bonding on any other judge.
    Your circumstances are different as a delay was intitated by the burst tyre and compounded by an aircraft not completelt suitable to requirements. Remind me, was the bad weather in effect at the time of the aircraft departing to arrive for your flight? So the judgement is less persuasive IMHO.
    Its scare tactics. But because of thie lengthy delay in their response, its arrived too late. I'm surprised they haven't tried the threat of court costs for making a legal claim through the courts.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
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