Flight delay and cancellation compensation, Jet2.com ONLY

TomUK

Further to my post (#1128 - on page 57) about a five hour delay and the standard "extraordinary circumstances" letter, I have now sent a third letter to Jet2 asking for exact details of the "flight safety shortcoming" quoted as the cause of the delay.
I have also told them that armed with the copy of the bulletin handed to us by Jet2 staff at Faro Airport which clearly admits "a fault with the aircraft", I am quite prepared to take the claim to court.
Don't suppose this will have them quaking in their boots, but it is a statement of intent that will be extra evidence if a court case ensues.
Having read most of the posts on here and having looked at the extracts from court cases (including the Huzar case), I am rapidly coming to the conclusion that the airlines have got this all sewn up and positive outcomes are going to be few and far between.

Vauban

TomUK wrote: »

Having read most of the posts on here and having looked at the extracts from court cases (including the Huzar case), I am rapidly coming to the conclusion that the airlines have got this all sewn up and positive outcomes are going to be few and far between.

That's quite a pessimistic view, Tom! I hope you went through the Court Successes thread - that shows (by my reckoning) that about 90% of those who initiated legal action get compensation. But it is definitely hard work - especially with Jet2.com!

David_e

TomUK wrote: »

I am rapidly coming to the conclusion that the airlines have got this all sewn up and positive outcomes are going to be few and far between.

They won't roll over, that's for sure, but the successes thread shows just how many people have been victorious. If you have a good enough case, you just need to grit your teeth and take legal action - yourself or via a no win no fee lawyer.

costavon53

hi
2 birds have offered a total of £425 in respect of a total claim for €800 for our 7 hour fiaso last September on LS863 Mcr to San Javier
the £equivalent for the total claim would be around £690
what does the panel think? should we push a bit harder or should we take what is offered as quickly as possible::huh:

Vauban

costavon53 wrote: »

hi
2 birds have offered a total of £425 in respect of a total claim for €800 for our 7 hour fiaso last September on LS863 Mcr to San Javier
the £equivalent for the total claim would be around £690
what does the panel think? should we push a bit harder or should we take what is offered as quickly as possible::huh:

Well they're reading this, so your negotiating position is in the open.

In my view, they wouldn't make you an offer for 2/3rds of the money if they thought they could win. So I would face them down and get full amount to which you are entitled - both as a matter of principle and because it's an extra £250. But it is your choice of course!

JGJackson

Hi I'm chasing them on a delay from Newcastle to Ibiza in August 2011 where we took off on time (1:30pm) but didn't arrive at out hotel till 5am the next day via landing at Manchester at 4:30pm (fyi, about the time we should have landed in Ibiza), a second plane on the runway at 5:30pm that came back before take off and then finally a plane that took off at 11:30pm that actually got to Ibiza. Now this was a Thursday flight with more than a few stag & hen parties on it. My party was myself, my wife, my daughter and her husband with 2 boys aged 6 and 3 at the time so I'm sure you can imagine what it was like re-boarding so late after all that time in the bar/restaurant area. Also, although vouchers were given , they weren't really suitable for what was needed, certainly for the boys anyway and we spent quite a bit extra over the timeframe.

Anyway, I've had 2 letters declined because of timeframe i.e. beyond 2 years (still arguing that one because of info on this site) and the latest because of the "extraordinary circumstance which could not have been foreseen" i.e. the plane problem. But I'm determined to continue because we were told by a hostess while circling Manchester that the flight was safe and could have actually reached Ibiza but that the fix required may not have been available there immediately... Now here's the interesting part of the quote from the hstess.. it appears this plane was heading back to fulfil a contract Jet2 has/had with the Royal Mail and penalties would be imposed if it was late. So the decision was made to land in Manchester where the fix could/would be available quickly...

I'm now working out how to phrase things in my 3rd letter but it will certainly mention going via the CAA. If anyone has any advice, that would be willingly accepted also.

David_e

JGJackson wrote: »

I'm now working out how to phrase things in my 3rd letter but it will certainly mention going via the CAA. If anyone has any advice, that would be willingly accepted also.

Just send an NBA. Trying to rationalise with them is a complete waste of time.

JGJackson

Thanks David, I've just read a few more of the many comments on the Jet2 thread plus others on the other airlines' set so I will be heading down the NBA track this week I think.

One of my daughter's best friends is a solicitor so it could well be worth having a chat to him as well to get the most appropriate phrases into it!!

David_e

JGJackson wrote: »

One of my daughter's best friends is a solicitor so it could well be worth having a chat to him as well to get the most appropriate phrases into it!!

It will certainly be useful to have acceess to a (free) solicitor if Jet2 decide to defend but for the NBA and the court claim, I'm not sure it requires a particular turn of phrase. It's very much about the basic facts in the first phase.

Good luck!

AUDLEY_RESIDENT

Having just had success in winning my Monarch claim, I took up another claim with Jet2 last year starting on 4/9/13 asking for compensation for flight LS810 5-4-12 FROM MALAGA TO MANCHESTER. Flight arrived 6 hours late and landed at East Midlands and a coach was then laid on to take passengers to Manchester. I copied the letter on this site stating EU 261/2004 and the Sturgeon case. Usual letter back from Jet2 stating their investigation 'extraordinary circumstances' led to the delay. I then sent another letter on the 17th September (used one of the templates from this site) and explained that their letter had insufficient detail for me to understand whether the reason complies with Article 5.3 and copied the articles of 5(3) of Regulation 261/2004 and gave them 14 days to reply or I would take the matter to court. They never came back with anything, so on the 30/12/13 I wrote to them saying I had heard nothing and was taking this to court - and raised the case online via MCOL. I got a letter back from them on the 2-1-14 saying they were sorry to note that they were unable to resolve my claim and the were reviewing my correspondence. On the 7th January they thanked me for my letter received on the 31-12-13 and they were sorry that I had not received correspondence sent to me on the 24/9/13. They enclosed a copy of the letter I had not 'received' in relation to my claim for compensation under EU REG 261/2004. The copy letter read:
Thank you very much for your further letter received on the 18th September 2013. I was sorry to read you were disappointed with our previous response and I have subsequently reviewed your file. I have noted you comments that you believe technical faults cannot constitute an extraordinary circumstance under EU REG 261.2004 and your reference to case Wallentin-Hermann v Alitalia - Linee Aeree Italiane (the Wallentin-Hermann decision). If I may clarify that the regulation does not define extraordinary circumstances. However, technical faults can, depending on the individual facts surrounding the delay, constitute extraordinary circumstances. The Wallentin-Hermann decision to which you refer confirms this. Havinv completed a thorough investigation of your delayed flight, I can confirm that you flight was delayed due a Flap fault (the spelling mistakes are theirs not mine) to the aircraft scheduled to operate your flight. This fault occurred in flight, constituting an extraordinary circumstance which could not have been foreseen and was outside of Jet2.com;s actual control. As we have explained above, we do not accept that this is a correct reading of the judgment in Wallentin-Hermann v Alitalia and this is not the interpretation that the County Courts have adopted in over 90% of claims for compensation against Jet2.com that have reached trial date. We believe our conclusion is fortified by a recent publication by a working group of the National Enforcement Bodies (NEBs) which are responsible for the enforcement of Reg (EC) 261.2004, of a non-exhaustive list of matter that they consider to be extraordinary circumstances. Paragraph 25 of the List confirms that the NEBs consider 'Failure or necessary or required aircraft systems (for example the cooling system, avionics system, flight control system, flaps, slats, rudders, thrust reverser, landing gear) either immediately prior to departure or in-flight (where those systems had been maintained in accordance with the required maintenance programme)' constitute extraordinary circumstances. This has been published on both the European Commission and CAA's websites. For ease of reference, please find the relevant website link below:
(AS A NEWBIE I CANNOT POST THE LINK WHICH STARTS WITH EC.EUROPA.EU TRANSPORT THEMES PASSENGERS AIR DOC NEB-EXTRAORDINARY-CIRCUMSTANCES-LIST.PDF)
As we have explained the delay to your flight was caused by a Flap Fault, which occurred in flight. We believe that, in accordance with para 25 of the NEB LIST your delay was caused by an extraordinary circumstance. We also firmly believe that as in over 90% of claims that have reached trail to date, the Court will agree that Jet2.com could not have avoided the delay, even if all reasonable measure were taken. We can therefore only maintain that our previous response was correct and as your delay was the result of extraordinary circumstances no compensation is payable on this occasion. Thank you once again for taking the time to write to us. I hope to have clarified our position and also hope despite this experience, we can welcome you back to travel with us again in the future - Kate Parking Customer Service Advisor.
As you advised in my dealings with Monarch, that Jet2 were not as easy to deal with - I have now passed my claim over to Bott & Co in Wilmslow to defend. What is anyone else's take on this response (which I never received until January 2014) Non of my letters ever mentioned Wallentin-Hermann case, so I don't know why they mentioned that I have referred to this in my letters? Also I have NEVER EVER HAD A FAILED LETTER TO MY HOUSE - funny that their September reply never got to me! Case issued by Northampton CC on the 10-1-14 and deemed served on the 15-1-14 although BIRD & BIRD replied back to the court on the 14-1-14 for 28days to file a defence. I