Flight delay and cancellation compensation, Jet2.com ONLY

stevemej

CAB have confirmed that should a company change it's t's + c's forcing customers to waive their consumer rights then this would be considered unfair and against the law.

ARE YOU WATCHING JET2?

dxc_chappie

stevemej wrote: »

CAB have confirmed that should a company change it's t's + c's forcing customers to waive their consumer rights then this would be considered unfair and against the law.

ARE YOU WATCHING JET2?

Article 15 of regulation 261 also protects against this (exclusion of waiver).

BigJock_72

BigJock_72 wrote: »

I have received a quick reply from Mr Davies MP stating he will be taking the matter up with Jet2, the CAA and the Minister for Transport. Hopefully some more pressure is going to be brought to bear on the CAA and Jet2, whether it will make the slightest difference time will tell

I've received a reply from my M.P. and from the Chief Exec of the CAA stating that the appropriate department within the CAA are investigating why Jet2 are not paying out compensation that they are legally entitled to do.Phillip Davies has added that he is also raising this matter with the Transport Secretary and will let me know of his reply. Not much progress i know but some more pressure being brought to bear on Jet2 and their cronies the CAA.

111KAB

BigJock_72 wrote: »

. Not much progress i know but some more pressure being brought to bear on Jet2 and their cronies the CAA.

Well done BigJock and my best wishes for getting somewhere. I drew a blank but decided to stick around on MSE to help others but having drawn a blank with the 'authorities' I believe the way to get the airlines to toe the line is to continually name and shame.


The likes of Ryanair, easyJet and BA are far from perfect however bear in mind these 3 airlines carry around a combined 200 million passengers a year whereas Jet2 and Monarch carry around 10 million so work out for yourselves, even from the responses on this forum, where the problem lies.


It lies with the 'bucket and spade' airlines who historically have just flown holiday makers on their 2 week trip to the sun using chartered aircraft. Often their passengers would put up with a delay - after all they were excited and they were happy to be going on holiday or they had had a great sangria time and they could easily explain to their boss why they were late for work.


Times have changed but the bucket and spade airlines have not - they still only have bases in the UK and they operate old planes more prone to technical problems.


Until the general public start to realise that the odds are if they fly these airlines they are going to get a lesser service (particularly with regard to punctuality) then these airlines will continue to run their substandard service. To keep paying out (if at all) 261/2004 claims causes them no harm - Jet2's own figures indicate a 50p charge per passenger per flight would cover it.


No the way, in my opinion, to resolve it is to hit the airlines. We still all want to fly and the number of airlines is limited so I fully understand why people have to fly Jet2/Monarch etc however when these airlines 'go wrong' is the time to pounce.


They hate adverse publicity so when you are delayed get everyone in that departure lounge to join forces. Exchange email addresses, take photos, go onto social media sites and get in touch with the press and hopefully the airlines will then realise they cannot treat their paying passengers like cattle.

Tyzap

Here is the latest update issued by Bott & Co to their clients.


With Christmas less than a week away we understand you’re keen to get your claims settled, particularly as it’s been several weeks since the Supreme Court decisions.
We just want to thank you for your patience and to remind everyone that even though the Supreme Courts found in our favour by refusing the airlines permission to appeal, the airlines still have the legal right to defend each and every claim in court if they want to.

This means that airlines are looking at all the claims individually to decide whether to pay out or to defend the claim further. It makes the process of settling all your cases much longer, but please understand that we’re doing all that we can to speed this up.

Today we’re paying approximately £15,000 in court fees to issue over 200 sets of proceedings for around 500 passengers against a number of airlines where they haven’t paid out in time and we’ll continue to take this action where we feel the airlines are not co-operating.

At this stage, it’s unlikely that you will receive any money before Christmas if we haven’t already notified you your claim is settled but we’re continuing to work with the airlines over the holidays and will endeavour to get your money to you early in the New Year.

Our advice would be not to rely on this money for a certain date as yours could be a case that an airline wants to defend in court and that could mean a much longer wait.

We’ve now settled for over 2,000 passengers since the Supreme Court decision was made around seven weeks ago and we’re very close to settling for around 1,000 more before the New Year.

Here’s a breakdown by airline:

Monarch
We’re close to agreeing a settlement with Monarch for around 700 passengers and we’re also agreeing a programme with them to review their outstanding cases promptly. It’s not possible at this stage to give you a list of who is in the next batch of 700 but you will get an automated status update to let you know the day we reach a settlement on your claim.

Thomson
The Thomson review continues and we’re due to get the next batch of settlements on or around the 29th of December 2014.

We had a six figure sum arrive this morning that we’ll start paying out for the relevant cases, so settlements are still coming in – just not as fast as promised. We’re getting more actively involved to speed the process up with them and they have dedicated staff dealing with Bott & Co claims which are getting priority treatment.

While progress is slower than originally promised by the airline, if we send proceedings to court it will routinely take 2 weeks for them to issue. The airline then has 28 days to file a defence and will often ask for an extension of 14 days – which takes you up to 8 weeks before a definitive answer can be provided. We’re still of the opinion that a review is going to be quicker than going through that process, but if that changes we will let you know.

Thomas Cook
Negotiations have broken down with Thomas Cook and we’ve begun the progress of issuing court proceedings on outstanding cases with them. As we weren’t able to make any headway in settling cases as we’ve done with Monarch and Thomson, issuing proceedings was the only option left for us.

This means that claims against Thomas Cook are unlikely to be paid for around 8 weeks depending on the courts and the action that the airline takes in defending the claims.

easyJet
easyJet have settled a number of claims where we’ve issued court proceedings and we’re now issuing on more cases to try and get these settled quickly too. Again, it’s difficult to give you a list of who’s where on the list of claims we’re issuing on as we’re talking significant numbers, but look out for the automated status updates to let you know specifically where your claim is at in the process.

Virgin and British Airways
Both these airlines are continuing to pay out on cases regularly and we’ve already settled a large number of claims. We’re continuing to work through the lists we have with these airlines so if you’re still waiting on a claim against either of these then rest assured we’re resolving these fairly quickly.

Jet2/FlyBe/WizzAir/Ryanair
All these airlines have made formal applications to court for their cases to be stayed (put on hold) until a Dutch case (Van der Lans v KLM) has been heard in a court in the Netherlands. This case looks at what should be considered an 'extraordinary circumstance'. We are completely opposed to this - after all the Court of Appeal has already considered this issue and found in our favour.

There is a test case due to be heard at Liverpool County Court in February (Allen V Jet2.com) which will decide whether or not the airline can put cases on hold until we have the Van der Lans decision. It is likely that all other cases will follow the decision made in the Allen V Jet2.com case in February.

Unfortunately, this means that if you have a claim against Jet2.com, FlyBe, WizzAir and Ryanair, there is unlikely to be much progress with your case until we have the decision from Liverpool County Court early next year.

In the meantime we will keep an eye on all cases that are affected by this hold up. We'll make sure we issue court proceedings on any cases which are nearing the time limit for claiming to make sure that your case does not expire whilst we are waiting to see what happens in the Allen V Jet2.com case.

All other airlines not listed above
We’ve not had any responses from other airlines so we’re issuing proceedings on these claims and as mentioned above, this could mean around 8 weeks to go through the court system. Look out for the automated status updates in your email inbox.

Finally…
It’s not easy at this stage to give specific updates on individual cases other than the emails you receive updating you on the status of your claim given the sheer volume of work involved in the team settling claims and issuing proceedings. While this is not ideal for you or us, we’d ask you to bear with us and know that one way or another we’ll do all that we can to get you your compensation as quickly as possible.

There is no other firm in the UK handling this volume of claims and with the expertise that we have so you’re in safe hands. We’re spending thousands of pounds to issue court proceedings on claims where we feel it’s the best way to make the airlines pay out and we won’t let any cases expire past the 6-year limitation mark. Because of our reputation with the airlines we’ve managed to achieve a lot in a short period but we know there is an awful lot more to do, and we’re committed to doing that as quickly as possible in the New Year.

Finally, remember that airlines are settling cases on an individual basis. It may be that someone you know gets their compensation from an airline and you also have a claim against the same airline but you’re still waiting on your settlement. This is the nature of the process so don’t be alarmed or concerned, we’re still working on your claim as well!

We hope everyone has a good Christmas and enjoys the holidays.

Coby Benson and Kevin Clarke.

dino25uk

So we are waiting for yet another test case. I don't know whether is is a case of Jet2 being arrogant or being badly advised by 2B's.

JPears

Or both......

ben2909

Just had the following letter from Jet2 following over a 5 hour delay for a flight from Palma airport in September.

'Turning to your request for compensation under EC Regulation 261/2004, in accordance with Regulation 261, the national enforcement body that is responsible for the rights of passengers on flights from Spain is Agencia Estatal de Seguridad Aerea (AESA), a technical defect like the one which caused the delay in this instance is an "extraordinary circumstance " and therefore compensation is not payable'

What's my next step?

Caz3121

grab a coffee and have a good read of Vauban's guide. You will see, if you have read this thread that they are not playing ball with anyone. They are wanting to use a Dutch case early next year to try and get out of paying for technical delays...all covered in the guide, you can start court proceedings but it will likely be stayed awaiting the outcome of the case being held in Feb at Liverpool court

Tyzap

Hi Ben,

In your previous post you stated...

"I had a flight delay on 7/9/14 which was due to 'unavoidable operational reasons'."

What were these reasons and who told you? Have Jet2 change the reason given?

Don't worry about the AESA bit, that is a red herring. If you asked AESA to investigate your case and they found in your favour Jet2 would just ignore it, as it is not enforceable. The process would just slow your down your claim.

If you can give some more details it will help.