Flight delay and cancellation compensation, Jet2.com ONLY

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  • JPears
    JPears Posts: 5,086 Forumite
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    NW1965 - in short, !!!!!!!!e
    Send an LBA requesting detailed information of the safty short coming. When it gets to court they will have to prove it.
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  • bob123
    bob123 Posts: 46 Forumite
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    edited 26 January 2013 at 8:35PM
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    Hi all
    Ive cross posted this on the general thread but have brought it over to this one as its specific to Jet 2

    I was delayed by over 3 hours on a chartered return flight from Saudi to Gatwick. I wrote to Jet2 and they have replied with the following.

    "...On investigation extraordinary circumstances led to the delay of your flight...moreover specifically the delay was caused by an unexpected flight safety shortcoming, consequently there is no compensation on this occasion."

    I doubt this is true as asking the staff on the day, i was told they were using a new checkin system which was very slow and each check in was taking over 10-20 mins. We were still checking in beyond the departure time.

    Reading above, i gather people recommend contacting J2 for more information? I wondered whether this was a waste of time? Or perhaps copy the letter to the CAA? Or just proceed with a NBA?
  • richardw
    richardw Posts: 19,458 Forumite
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    Perhaps ask them to provide proof of 'extraordinary circumstances' in accordance with article 5.3 of EU Reg EC 261/2004.
    Posts are not advice and must not be relied upon.
  • northwest1965
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    [FONT=&quot]How would this be as a reply? Should I head the letter - Notice Before Action?[/FONT]
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    [/FONT]

    [FONT=&quot]Thank you for your reply. You are stating that the delay was caused by extraordinary circumstances, namely a flight safety shortcoming.
    [/FONT]


    [FONT=&quot]Please could you provide specific information as to what the safety shortcomings you refer to were?[/FONT]

    [FONT=&quot]
    [/FONT]

    [FONT=&quot] Article 5(3) of Regulation (EC) 261/2004 states that “extraordinary circumstances” may be regarded as covering only circumstances which are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond the actual control of that carrier on account of its nature or origin. Air carriers are confronted as a matter of course in the exercise of their activity with various technical problems to which the operation of those aircraft inevitably gives rise. The resolution of a technical problem which comes to light during aircraft maintenance or is caused by failure to maintain an aircraft must therefore be regarded as inherent in the normal exercise of an air carrier’s activity and cannot therefore constitute as such an “extraordinary circumstance” within the meaning of Article 5(3) of the Regulation.[/FONT] [FONT=&quot] [/FONT]
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    [/FONT]

    [FONT=&quot] [/FONT]
    [FONT=&quot]If there is no response to this letter within 14 days, then I shall have no alternative, than to take legal action (or do I say contact the CAA for further assistance.??)[/FONT]
    Loved our trip to the West Coast USA. Death Valley is the place to go!
  • bob123
    bob123 Posts: 46 Forumite
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    My reply
    [FONT=&quot]Thank you for your letter dated 17/1/13[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]I would be grateful if you could provide more details as to what the ‘extraordinary circumstances’ were that delayed the flight? More specifically, what exactly were the flight safety shortcomings? I would bring to your attention article 5(3) of 261/2004 when stating the reason. [/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]I am confused by this statement as my conversations with the flight staff on the day contradict your reasons given. I am also aware that you have refused to give other customers further details of the ‘extraordinary circumstances’. I have written to the Civil Aviation Authority asking them to investigate the matter and their findings will be used in any future legal proceedings.[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]Should you not provide the requested evidence, or if the evidence provided is insufficient, I will start legal proceedings against Jet2[/FONT]

    It kinda says im doing everything rather than doing one thing at a time. You would probably have to contact the CAA anyway as it would give you an indication as to the reasons behind the delay if J2 withhold evidence. Who knows, it might be an appropriate reason and then issuing proceedings wouldnt be a good idea.
  • Paulatfixby
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    We had a flight from LBA to Faro in 2011. When we had boarded we were delayed due to smoke in the cockpit. Techicians came and 'fixed the problem'. We took off, but half an hour later we returned to LBA and, as we landed, fire engines were racing along the runway. After examination we taxied to the very far part of LBA and bused back to the terminal.
    We were delayed for 41/2 hours and then boarded another plane. Whilst in the airport we were given a letter stating we could claim £7 for food and drink from the stewardess when on the plane. We were not told anything else. When we eventually boarded there was no food left when the stewardess came to us. She stated we could have obtained food in the airport. I told her we were not told that and had complied with Jet2 instructions in the letter. I am diabetic, my grandaughter was 3 yrs of age and my mother in law 87 yrs. We had nothing to eat until the following day due to arriving at Faro after midnight.

    I have sent a letter (yesterday) claiming for delay compensation, but reading the blogs, was the flight cancelled and would such a fault come within the EU regulations.
  • northwest1965
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    [FONT=&quot].[[/FONT]QUOTE]

    Now corrected for you!

    Thank you so much!
    Loved our trip to the West Coast USA. Death Valley is the place to go!
  • tweetster
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    I received the reply from Jet2 stating the usual "extraordinary circumstances/unexpected flight safety shortcoming" nonsense. I have started composing an NBA but not sure if I should mention if I will be contacting the CAA - not even sure if I should be contacting the CAA?? Also, checked the MCO website and it states that it's not advisable to issue proceedings against a PO box address, as you will not be able to enforce proceedings against this type of address. Can anyone shed any light on these issues?
  • Weemac
    Weemac Posts: 132 Forumite
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    I have also just received a reply eventually from Jet2 today giving the "extraordinary/unexpected flight safety shortcoming" reply - take it this must be a standard reply as many of us have received this. Just wondered where I go from here?

    Jet2's customer service complaints dept seem a bit confused with dates though as their first sentence in their letter was "Thank you for your letter received by us on 27th June 2010" (this was the date of our delayed flight and I sent my letter to them on 15th November 2012!) and then they say "I was very sorry to read that your flight on 27th June 2012 was delayed". If they can't even get the dates right what chance is there for them to deal to with complaints properly??!!

    I would appreciate any advice as to what I do now regarding my complaint. Thanks
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  • northwest1965
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    Weemac wrote: »
    I have also just received a reply eventually from Jet2 today giving the "extraordinary/unexpected flight safety shortcoming" reply - take it this must be a standard reply as many of us have received this. Just wondered where I go from here?

    Jet2's customer service complaints dept seem a bit confused with dates though as their first sentence in their letter was "Thank you for your letter received by us on 27th June 2010" (this was the date of our delayed flight and I sent my letter to them on 15th November 2012!) and then they say "I was very sorry to read that your flight on 27th June 2012 was delayed". If they can't even get the dates right what chance is there for them to deal to with complaints properly??!!

    I would appreciate any advice as to what I do now regarding my complaint. Thanks

    You could send something similar to the one I am sending in post 59 - thanks to Centipede
    Loved our trip to the West Coast USA. Death Valley is the place to go!
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