Flight delay and cancellation compensation, Jet2.com ONLY

Randlers

Hi all,

I've been following the guidance on here and after the ruling submitted my claim again to 2birds. After a letter saying they'd deal in order of time dated, we've now received a letter rejecting our claim because the airport (LIverpool) shut at 1am. Our flight should of left at 8.10pm and it was delayed to a technical fault and by the time they found an alternative plane it was after 1am when Liverpool closed. They kept us hanging around the airport until after midnight and then transported us to hotels around Lanzarote where we stayed the night and flew out later the following day.

I do beleive that this is still 2birds responsibilty as they were already 5hrs late before Liverpool shut. To be honest I'm just totally amazed that they have come up with this and wondered if anyone else has had such a laughable rejection.

My next action is to respond to their letter or should I just take to court now???

Thanks in advance for support

Vauban

I agree. You were already delayed by the time the airport closed. (Which in any case is still the responsibility of the airline). Just write your NBA and start court action - details in my guide if not yet read.

Tyzap

This is an update from Bott & Co recently sent to their claimants. It gives an insight it what is going on behind the scenes and how hard they are still pushing to get this mess sorted out.

Flight Delay Claims Update

Hi,

We’re writing to let you know how claims are progressing with the airlines.

As we explained in our previous emails, we wrote to all of the airlines asking them to settle outstanding claims following the Supreme Court decisions. Here is where things stand with individual airlines at the moment:

Thomson & Thomas Cook
Negotiations are still progressing well with these airlines. Please keep in mind that there are a significant number of claims with both Thomson and Thomas Cook so it may take some time to review them all but we are doing all we can to get these cases paid out in time for Christmas.

Virgin Atlantic & Easyjet
We have processed a number of settlements already with both these airlines and we’re continuing to resolve outstanding claims, so we are pleased with the progress made so far.

British Airways
Since we last wrote to you British Airways have contacted us acknowledging our previous correspondence. We have seen a number of settlements and we are pleased with the progress made so far.

Monarch
On Monday 1st December 2014 we held a conference call with Monarch’s in-house legal team to get some reassurance that they are reviewing claims as quickly as possible. We wanted them to commit to reviewing a fixed number of claims per week going forward, however unfortunately Monarch were unwilling to provide any such commitment.

Monarch explained that they are prioritising claims where court proceedings have been issued and where the courts have written to them asking them to explain why their defence should not be ‘struck out’ (if a defence is struck out it means the other side automatically wins their case). Unfortunately this reactive, rather than proactive, approach means it’s difficult to see how Monarch will be reviewing the bulk of claims in a timely manner.

We have therefore put Monarch on notice that if we do not see a significant improvement by Monday 8th December 2014 then we will be pushing ahead with court proceedings.

The obvious advantage to issuing court proceedings is that Monarch then have a fixed deadline for dealing with a given claim, otherwise they automatically lose the case.

We hope for Monarch’s sake that they will demonstrate over the coming week their commitment to settling passengers’ claims without any further unnecessary delays.

We will update you again next week with information on Monarch’s progress.

Norwegian Air
Since we last wrote to you, Norwegian Air has contacted us acknowledging our previous correspondence. We are now in talks with the airline and have started the negotiation process. We will update you as soon as we have reached a final agreement for paying out.

Other airlines
If your airline isn’t listed above that means they have not responded to our letter. If your claim is against an airline not mentioned above, we will have contacted the court directly, asking them to remove the hold on your case so that we can pursue it through the court system.

Cases already at court
We have seen literally hundreds of orders from the court asking the airlines to show within 28 days why they have not yet settled claims. We are making a diary note of all of these cases and intend to ask the court to find in our favour if the airlines do not respond.

We are aware that some airlines are requesting that cases be put on hold once again until the decision of a Dutch case (van der Lans V KLM) is announced. We disagree with this completely. We have already contacted the court on behalf of our clients in cases where this has happened asking the court not to delay further and to apply the Huzar/Dawson judgments. We expect the court to list one of these cases for a hearing to make a ruling on the issue and we will provide you with an update as soon as possible on this matter.

Ryanair, Jet2.com, FlyBe and WizzAir have asked us to agree that their cases be placed on hold pending a court decision on van der Lans v KLM. We can confirm that we have not agreed to this and will not agree to this until we get a ruling from the Court telling us otherwise.


Cases not at court
If we are in negotiations with an airline we are currently not issuing court proceedings against them. This is to allow them time to complete the review of all cases and we firmly believe this is the best way to settle your claim quickly.

If we are not in negotiations with an airline we will look to issue court proceedings on your case as soon as possible. Please keep in mind that we have thousands of cases to work through but we are doing all we can to settle your case as soon as possible.


*IMPORTANT*
If the airline contacts you directly, please ensure that you notify us immediately by emailing aviation@bottonline.co.uk with passenger names and/or flight reference number.

We are pleased with the progress made so far and want to reassure you that we are doing all we can to settle your case as soon as possible. We will notify you by email as soon as there are any further developments with your claim.

Copyright © 2014 Bott and Company, All rights reserved.
We're sending you this client update in relation to your ongoing claim with us. This is not a marketing email but important information about your claim.

Our mailing address is:
Bott and Company
St Anns House, Parsonage Green
Wilmslow, Cheshire SK9 1HG
United Kingdom

supermac9

Colvaczek wrote: »

I complained to Jet2 in Sept. Had the usual reply stating they would reply in strict date order that the complaint was received! Heard nothing. I complained again in October, was ignored. It's now december and I've still been ignored. Just sent my 3rd letter. If they ignore this I will take them to court, for the only reason that they are ignoring me! Expected better!

I expect most reading this will know what those nice people at Jet2 are really like - they are dealing with people in "strict date order" by not paying those at the head of the queue first :mad:- unfortunately you will also be ignored and as you are probably at the back of a very long queue, I expect the only option you now have is to begin legal action. Expect to be in this for the long haul .
Lots of advice in the forum about letters etc.

Caz3121

supermac9 wrote: »

I expect most reading this will know what those nice people at Jet2 are really like - they are dealing with people in "strict date order" by not paying those at the head of the queue first :mad:- unfortunately you will also be ignored and as you are probably at the back of a very long queue, I expect the only option you now have is to begin legal action. Expect to be in this for the long haul .

I don't believe they are paying anyone, irrespective of date, they say they are waiting on the outcome of court decision on van der Lans v KLM

NoviceAngel

Caz3121 wrote: »

I don't believe they are paying anyone, irrespective of date, they say they are waiting on the outcome of court decision on van der Lans v KLM

That is true, everyone is waiting to see if Court cases are granted further stays.

We're all hopeful that this Van der Lans nonsense will be laughed straight out of Court as our Supreme Court have already upheld the High Courts decision that technical faults with an aircraft cannot be a reason not to pay compensation under EC261/2004.

NoviceAngel

For anyone that does not have a claim against them.

They are giving passengers a free opportunity to be delayed at their behest....

http://www.jet2holidays.com/advent/

Good luck!

NoviceAngel

As an afterthought, Yes J2 are giving you the opportunity to be delayed by them, but a sad note of caution to any winners, I don't think that you would be due compensation under EC261/2004 as you didn't actually pay for the flight!

Tyzap

NoviceAngel wrote: »

As an afterthought, Yes J2 are giving you the opportunity to be delayed by them, but a sad note of caution to any winners, I don't think that you would be due compensation under EC261/2004 as you didn't actually pay for the flight!

Ha Ha Ha, yes I think you're right about that. Just goes to show the lengths Jet2 are prepared to go to to avoid paying compensation :rotfl:

PippaW

Has anyone else had the cause for delay being the pilot taking ill. We were sat on our 10.25 pm flight from Dalaman when we were informed that the pilot had taken ill and was being taken to hospital and that we had to get off the plane and wait for a new plane and flight crew to arrive the following morning.

So we only flew home at 6.30 am the following day after sleeping overnight in the airport.

The reply from states that as we were not delayed overnight we were not provided with accommodation (not true - the children slept on the airport floor overnight) and that we are excluded from claiming because of passenger or crew member illness constitutes extraordinary circumstances.

As they got the overnight bit wrong and in my eyes the airline should be prepared for crew illness should we continue to pursue the claim?