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    • bels333
    • By bels333 3rd Jul 17, 9:55 AM
    • 9 Posts
    • 1 Thanks
    bels333
    Concerned over T&Cs
    I'm a bit concerned over the bit of the Bott & Co T&Cs where it says

    '2. What do I pay if I lose?
    If you lose you pay your opponents charges and disbursements. You may be able to take out an insurance policy against this risk. If you lose you do not pay our charges but you may be required to pay our disbursements.'

    Earlier on in the document it says

    'Also although we have retained the right in the Conditional Fee Agreement to ask you to pay disbursements we reasonably anticipate that we will not have to ask you to fund any such item but rather Bott and Co Solicitors Ltd will fund the disbursements on your behalf and ordinarily seek to recover these sums from the airline.'

    Is there a chance I could end out of pocket pursuing this? I was under the impression that you only pay if you win but this contradicts itself.
    • Tyzap
    • By Tyzap 3rd Jul 17, 10:48 AM
    • 864 Posts
    • 450 Thanks
    Tyzap
    I'm a bit concerned over the bit of the Bott & Co T&Cs where it says

    Is there a chance I could end out of pocket pursuing this? I was under the impression that you only pay if you win but this contradicts itself.
    Originally posted by bels333
    Hi bels333,

    I think it's all standard wording but give them a call to clarify and put your mind at rest. They are quite friendly.

    Good luck.
    Please read Vaubans superb guide.
    • Breng
    • By Breng 4th Jul 17, 11:39 PM
    • 3 Posts
    • 0 Thanks
    Breng
    I was delayed in Tenerife on 27th Jube also but not sure if we can claim as we were on a package holiday with jet2hoildays Does anyone have any help on this Sure it states somewhere it was for flights
    only and not package holidays
    • Tyzap
    • By Tyzap 5th Jul 17, 4:26 AM
    • 864 Posts
    • 450 Thanks
    Tyzap
    I was delayed in Tenerife on 27th Jube also but not sure if we can claim as we were on a package holiday with jet2hoildays Does anyone have any help on this Sure it states somewhere it was for flights
    only and not package holidays
    Originally posted by Breng
    Hi Breng,

    Flights within a package are covered by the 261 regulation as specified here...

    2.2.6. Scope of the Regulation in relation to the Package Travel Directive
    Article 3(6) and Recital 16 of the Regulation stipulate that it also applies to flights within a package tour, except where a package tour is cancelled for reasons other than cancellation of the flight.

    However, with regards to the FTS situation, please read bels333 posts, just prior to yours, as the same applies to you.

    Good luck.
    Please read Vaubans superb guide.
    • bels333
    • By bels333 5th Jul 17, 10:49 AM
    • 9 Posts
    • 1 Thanks
    bels333
    Well Jet2 have responded to me as I contacted them directly originally before going to BOtt&co to say, as I thought they would that

    'On investigation, the aircraft due to operate your flight was unable to do so as scheduled due to Air Traffic Control Restrictions, more specifically, the closure of the runway.

    After careful review, we believe the above reason constitutes an extraordinary circumstance. We also strongly maintain that all reasonable measures were taken to both prevent the extraordinary circumstances and reduce the delay. Compensation for delays caused by extraordinary circumstances are excluded under EC Regulation 261/2004.
    '

    I have spoken to Bott and have forwarded the information on to them. Really can't see us winning this one but will wait to hear what they say!
    • Justice13075
    • By Justice13075 5th Jul 17, 11:02 AM
    • 911 Posts
    • 408 Thanks
    Justice13075
    I don't think Bott would take it on if they didn't think they had a chance of winning. They might know something we don't
    • bels333
    • By bels333 5th Jul 17, 3:55 PM
    • 9 Posts
    • 1 Thanks
    bels333
    Yes thats the impression I got too but we will see! I will keep you all posted
    • loukeal
    • By loukeal 9th Jul 17, 3:08 PM
    • 6 Posts
    • 0 Thanks
    loukeal
    hi i am looking for a little advice. we were delayed in March with jet2 in lanzarote. we wrote to jet 2 and they said we were not entitled to anything so I wrote to CAA who then passed my complaint to the CAA in Spain who have wrote to me and said jet2 have to pay out. so my question really is how long will it take for jet2 to pay out and contact me?
    • Tyzap
    • By Tyzap 9th Jul 17, 4:12 PM
    • 864 Posts
    • 450 Thanks
    Tyzap
    hi i am looking for a little advice. we were delayed in March with jet2 in lanzarote. we wrote to jet 2 and they said we were not entitled to anything so I wrote to CAA who then passed my complaint to the CAA in Spain who have wrote to me and said jet2 have to pay out. so my question really is how long will it take for jet2 to pay out and contact me?
    Originally posted by loukeal
    They won't, is the short answer.

    You have gone about this the long way by contacting the CAA and then AESA, both are unable to force J2 to pay you.

    What are the circumstances leading to your claim? we can then asses it and advise further.

    Please read Vaubans guide, google and download it, for lots of info and advice.

    Good luck
    Please read Vaubans superb guide.
    • NoviceAngel
    • By NoviceAngel 9th Jul 17, 4:19 PM
    • 1,847 Posts
    • 559 Thanks
    NoviceAngel
    hi i am looking for a little advice. we were delayed in March with jet2 in lanzarote. we wrote to jet 2 and they said we were not entitled to anything so I wrote to CAA who then passed my complaint to the CAA in Spain who have wrote to me and said jet2 have to pay out. so my question really is how long will it take for jet2 to pay out and contact me?
    Originally posted by loukeal
    EDIT - Tyzap has had his weetabix (other ceareals available) I'm far too slow in the garden with a glass of Chardonnay lol

    But I'll leave my answer here anyway -


    Hi loukeal,

    Jet2 can completely ignore any order from the AESA.

    So you will have to start by writing again to Jet2 with a NBA- all explained in Vaubans guide, but what was the reason for J2 refusing compensation and if you tell us a bit more about the flight we can give you our opinion on whether you have a valid claim under EC261/2004
    Last edited by NoviceAngel; 09-07-2017 at 4:22 PM. Reason: Quick as ever Tyzap
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!
    If I've helped you, please help us HERE!
    • Tyzap
    • By Tyzap 9th Jul 17, 4:51 PM
    • 864 Posts
    • 450 Thanks
    Tyzap
    EDIT - Tyzap has had his weetabix (other ceareals available) I'm far too slow in the garden with a glass of Chardonnay lol
    Originally posted by NoviceAngel
    At least we're on the same page, if not beverage
    Please read Vaubans superb guide.
    • loukeal
    • By loukeal 9th Jul 17, 5:57 PM
    • 6 Posts
    • 0 Thanks
    loukeal
    Hi,

    we boarded jet2 flight from lanzarote to newcastle in march. everything was fine we got on the plane, doors were closed, seatbelts on and then the pilot told us actually we were not going anywhere as there was a problem with portuguese airspace. I complained to JET2 because they knew before we boarded that we were not going anywhere for at least 3 hours. The whole time that we sat on tarmac we were offered 1 small glass of warm water.
    • Tyzap
    • By Tyzap 9th Jul 17, 6:28 PM
    • 864 Posts
    • 450 Thanks
    Tyzap
    Hi,

    we boarded jet2 flight from lanzarote to newcastle in march. everything was fine we got on the plane, doors were closed, seatbelts on and then the pilot told us actually we were not going anywhere as there was a problem with portuguese airspace. I complained to JET2 because they knew before we boarded that we were not going anywhere for at least 3 hours. The whole time that we sat on tarmac we were offered 1 small glass of warm water.
    Originally posted by loukeal
    Okay, thanks for the further information.

    It will all hinge on exactly what the 'problem' with Portuguese air space was. A quick on line search revealed nothing and AESA have said you had a valid claim so this could just be another 'red herring' thrown up by J2 in an effort to put you off.

    Try putting your flight details into a couple of online flight checkers such as at Bott online. If they say it's a valid claim you can read up on using a NWNF solicitor, DIY. I don't think J2 have subscribed to an ADR provider.

    Good luck.
    Please read Vaubans superb guide.
    • loukeal
    • By loukeal 9th Jul 17, 6:35 PM
    • 6 Posts
    • 0 Thanks
    loukeal
    computers had gone down in Portugal? i have checked on bott and they say the same as aesa 400 euro per passenger. my point more than anything with jet2 was that they knew we weren't going anywhere for that length of time so why board us?? and not offer us anything to eat! we weren't even allowed to buy anything!
    • Tyzap
    • By Tyzap 9th Jul 17, 6:56 PM
    • 864 Posts
    • 450 Thanks
    Tyzap
    computers had gone down in Portugal? i have checked on bott and they say the same as aesa 400 euro per passenger. my point more than anything with jet2 was that they knew we weren't going anywhere for that length of time so why board us?? and not offer us anything to eat! we weren't even allowed to buy anything!
    Originally posted by loukeal
    I don't normally defend J2 so this goes against the grain.

    It would be impossible to know how long the computers would be down I imagine.

    When similar problems happen, all the airlines want to be in a 'ready to go position' as soon as clearance is given. If you were all wandering around the departure lounge you could add another hour to your delay.

    So far as not being supplied with food and drinks, that is inexcusable. The regulations state that the airline has a duty of care to supply both after 2 hour of delay. Sat on a hot plane makes this all the more essential. You should have been supplied as required and as per the regs.

    Had you been inside the terminal you could buy, and then claim back from J2, unfortunately as you were trapped, so to speak, you had no option.

    The best way to complain about this flagrant disregard of both the passengers and the regs, is to contact the CAA who regulate such things.

    Good luck.
    Please read Vaubans superb guide.
    • NoviceAngel
    • By NoviceAngel 9th Jul 17, 7:25 PM
    • 1,847 Posts
    • 559 Thanks
    NoviceAngel
    I would abviously agree with Tyzap, the only thing I would suggest is to issue the NBA - Its an awkward one, because ATC restrictions are a genuine EC - if the NWNF solicitors will take it on - might be worth going down that route. The DIY route although desirable might be tricky....

    All the best, with whatever you decide ...
    Last edited by NoviceAngel; 09-07-2017 at 7:38 PM. Reason: Typo - Cant spell 'Would' - too much Chardonnay
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!
    If I've helped you, please help us HERE!
    • loukeal
    • By loukeal 9th Jul 17, 9:11 PM
    • 6 Posts
    • 0 Thanks
    loukeal
    the only reason I claimed was on the fact that they failed duty of care?? thanks for all your advice
    • NoviceAngel
    • By NoviceAngel 9th Jul 17, 9:50 PM
    • 1,847 Posts
    • 559 Thanks
    NoviceAngel
    the only reason I claimed was on the fact that they failed duty of care?? thanks for all your advice
    Originally posted by loukeal

    Jet2 have a history when it comes to payouts and duty of care, that's why some of us that have beat the system and also some of us have lost still hang around helping others, keep fighting my friend, you'll get there ......
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!
    If I've helped you, please help us HERE!
    • thriftyspender
    • By thriftyspender 14th Jul 17, 4:21 PM
    • 16 Posts
    • 2 Thanks
    thriftyspender
    Deja Vu
    Sounds just like my own recent complaint. No acknowledgment after 2 letters with all requested information sent to that address. Jet2 have really gone down in my estimation now. Here's to a successful escalation.
    • Breng
    • By Breng 15th Jul 17, 12:00 AM
    • 3 Posts
    • 0 Thanks
    Breng
    Breng
    I have also had same reply from jet2 rejecting flight delay claim for flight from Tenerife

    I have also gone to Bott & Co same as previous post and am a little concerned re possible charges if it loses

    We will see how it goes - fingers crossed
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