Flight delay and cancellation compensation, Jet2.com ONLY

sooty1826

Can you tell me how I go about taking het2 to court pkease and what are the results from the court hearings in Liverpool on 28/2?

111KAB

sooty1826 wrote: »

Can you tell me how I go about taking het2 to court pkease and what are the results from the court hearings in Liverpool on 28/2?

1) Read Page one and go from there
2) Liverpool results not worth concerning yourself about in respect of Jet2 - Huzar is the case for you to read up on.

sooty1826

Thanks for that I have read that article however im not sure how to progress to taking jet2 to court. Any help would be appreciated

richardw

It isn't easy and can take lots of reading and re-reading and can take up a lot of your time sotty1826, if you don't have the time consider http://www.bottonline.co.uk/how-to-claim/no-win-no-fee-solicitors

111KAB

sooty1826 wrote: »

Thanks for that I have read that article however im not sure how to progress to taking jet2 to court. Any help would be appreciated

In very basic terms you need to complete either a MCOL (probably best for an individual) or form N1 (multiple applicants) latter downloaded from the internet but this cannot be lodged via the internet. Appropriate wording has been posted previously. Whichever form you select should follow your having sent Jet2 an NBA. If all this is starting to sound difficult (and this is only the start of the procedure) as later you will need to deal with your statement, possible witness statements and a court appearance (just one if you are lucky - I had two Vauban three!) then consider using a NWNF as c 73% of something is better than nowt.

Ashcloudphil

Since 2002 when Jet2.com started to operate from my local airport I have used and continue to use their services on many occasions for business and leisure travel, I have been very satisfied with their service with the exception of one flight scheduled on 17 April 2010 when my family and I were abandoned in Nice, France. Our flight was cancelled due to a volcanic ash cloud. Over the next days, weeks and years I became increasingly aware of tactics Jet2.com had used to protect themselves from their customer’s claims, these included;

· Failure to inform passengers of their rights.

Misinterpretation, manipulation and blatant breaches of;

· Air carrier regulation (EC)261/2004.

· CAA regulations.

· Office of Fair Trading guidelines.

I am posting this to help other Jet2 passengers with their claims

OK so we were in Nice when the ash cloud caused Jet2 to cancel the flight, I checked Jet2.com’s website for updates on Friday Evening 16 April 2010 which now stated:

· Our flights scheduled for 17 April 2010 had been cancelled.

· Passengers should not travel to the airport.

· Passenger’s requiring rerouting should purchase tickets for new scheduled flights as published on the website on a first come first served basis.

· “Our liability for a claim caused by delay in your carriage by air is limited by the Montreal Convention”.

· “We appreciate some of our Jet2.com customers may have unfortunately incurred additional expense due to this extraordinary situation which was entirely outside our control. These expenses will not be reimbursed by Jet2.com”.

· An additional flight had been scheduled for Sunday 18 April. The cost of 4 tickets to Leeds was approximately 700Euros.

So they made it crystal clear that we were on our own, anything we spend on accommodation, food, refreshments and getting home via alternative transport was down to me to pay.

I bought train tickets to Leeds for 4 people, I managed to get the holiday letting agent to let us stay in the self catering apartment for another 3 days and went to Spar for shopping for food and refreshments, total bill came to;

Train fares £1033.87

Accommodation (self-catering) £526.32

Food and refreshments £263.95

Sub Total £1824.14

I get home and discover (EC)261/2004 and I write to Jet2 to complain

They replied on 23 April saying we are dealing with the claim and "we have refunded the cost of the return fares for the leg not used to your card"

The claim form arrived and was filled in and returned same day

Jet2 then write and say;

· We had been entitled to care under (EC)261/2004

· “To clarify, your claim under the Regulation against any airline is limited to:

· Meals and refreshments in relation to the waiting time

· Accommodation where a delay necessitates an overnight stay

· Transport between the airport and place of accommodation

· Two free telephone calls, telex or fax messages or emails”

· “Due to the fact that a refund for the cancelled flight was accepted we are unable to cover the costs of your alternative return travel.”

· “An extra flight was also put on for Nice.” (and then cancelled 3 times)

· “It is a requirement of the Regulation that the level of expenditure and reimbursement must be reasonable” “In this context “reasonable” means necessary expense arising from the delay or cancellation”

· We have enclosed gift vouchers to the value of £670.00 in “full and final settlement of your claim”

· We have assessed your claim and our offer - Accommodation £526.32 - Meals and refreshments £84

which is £5.25 per day per person or starvation rations

At the time other airlines, you know who you are Ryanair, were refusing to pay anything or trying to claim the circumstances were so extraordinary that the Regulation was not applicable, I considered myself lucky to be offered anything and kept the vouchers.

Over the next few years I became more and more convinced that Jet2 had stiffed me for the cost of train fares and food/refreshments, then in 2013 the European court clarified Reg 261 and I decided to check how they had dealt with my claim.

I did not have the letters any more so filed a freedom of information request with Jet2 for copies, they ignored it!

I filed a complaint with the Information Commissioners office who persuaded Jet2 to send me the information requested

I looked through it and checked against (EC)261?2004 and found that I should have been offered a choice of a "refund or rerouteing" not simply notified weeks later that a refund had been processed, then a statement that because I had accepted the refund, I was not entitled to the cost of return travel by train

In addition I found that there is no provision in (EC)261/2004 for expenses incurred to be refunded with vouchers

So I had been stiffed!

I wrote to Jet2 who replied;

As I had accepted the vouchers in 2010 Jet2.com were unable to assist further and “it would have been reasonable for you to have contacted us if you were unhappy with the offer made to you as a substantial amount of time has now elapsed”.

So I file a claim with MCOL and at 3PM on the last day permissible they submit their defence prepared by a firm of solicitors Bird & Bird of London.

"There is a disturbing trend among some law firms advising airlines in the UK that claims for reimbursement of accommodation or subsistence expenses incurred following a breach by an airline of its obligations under Regulation 261/2004 should be brought under the Montreal Convention (and therefore subject to the limitations and exclusions of that Convention) rather than under Regulation 261/2004 itself. The reasoning seems to be based on two arguments:
1) the absence of a 'private cause of action' under Articles 8 and 9 of Regulation 261/2004.2) the exclusivity of the Montreal Convention for matters within its remit;
from flightmole.com/forum/

Their defence requested that the court is “accordingly invited to strike out the claim and enter judgment for the Defendant on its own initiative” “on the basis that the Claimant’s claim has no real prospects of success and/or is likely to obstruct the just disposal of these proceedings.”

The reason given (in 15 sections) is that the applicable law is the Montreal convention and not (EC)261/04 and that under this law my claim is time barred and therefore cannot succeed and;

In addition, Jet2 (Bird & Bird) defence state “Regulation 261/2004 (under which this claim is made) does not create a free standing private law cause of action and/or confer a right to compensation for its breach. “

The defence as prepared by Bird & Bird has been signed by Jet2 as a statement of truth, yet Bird & Bird on their own website say;

“there have been a number of referrals to the ECJ on the Regulation” (261) “and related points. One such referral involved limitation periods for claiming under the Regulation. KLM refused to pay compensation to an air passenger whose flight had been cancelled on the basis that the claim was time barred – the action was brought 4 years later. KLM argued that the 2 year time limit pursuant to Article 29 of the Warsaw Convention applied and therefore the claim was out of time. The ECJ held that neither the Warsaw Convention nor the Montreal Convention was relevant for determining the limitation period under the Regulation. It would be determined by the law of each member state. Therefore, an air passenger claiming in England for flight delays or cancellation has 6 years to bring an action.”

twobirds.com/en/news/articles/2013/regulation261-practice-ecj-grand-chambers-decision-sturgeon0213

I love the way Solicitors are happy to argue black is white to one customer and then white is black to another depending on which side of the argument they find themselves
Finally Jet2 (Bird & Bird) defence states that the claim can not succeed because I accepted the vouchers in full and final settlement of my claim, despite the letter contains misleading and incorrect advice re (EC)261/2004, breaching my rights under the Regulation, fails to offer any other options and fails to notify me that their is a regulatory body I can complain to as they are obliged to include, which in my opinion makes this an unfair contract.[FONT=&quot]

I have today filed a "reply to defence" and I ask the court to reject this request and to consider rejecting either the whole defence submitted or significant sections of the defence submitted.

I will keep readers posted as I go[/FONT]

Glw1

Just to update I am trying to use a NWNF lawyer as all the legal jargon is so confusing. Hoping I can get a lawyer in Scotland to take this on for me. Bott & Co say they can't for reasons given......(not that the claim isn't valid). Will keep all posted on progress :cool:

anniegetyourgunh

My husband and I were delayed 6hours 56minutes on a Jet2 flight from Paphos to Leeds Bradford on 25th September 2013. We have submitted a claim via the county court but this has been put on hold by Court as Jet2 are awaiting the outcome of an appeal relating to a previous judgement made against them in a case where the circumstances are the same. If Jet2 lose the appeal then they will settle our claim if not we can then proceed with our claim. Should we wait or should we claim via a different route?

Caz3121

You need to have a good read of this thread http://forums.moneysavingexpert.com/showthread.php?t=4384707 and post on there if you have any unanswered questions

JPears

BUMPED (and very quiet on this thread)
Roll on Huzar!