Flight delay and cancellation compensation, Jet2.com ONLY

KTGF

Hi there, I am planning to take Jet2 to court after initial correspondence has proven fruitless (most recent letter being Van den Lans reference etc).

However in the early stages I wrote to claim on behalf of all members of our party (as per the various templates). Jet2 then said we had to claim individually. They later wrote back and said those with the same surname could be dealt with as one claim, but anyone with a different surname would have to claim for themselves.

I rather suspect this was just a typical Jet2 stalling tactic, however before filing a claim at court I wonder if anyone can confirm that 1 person can claim on behalf of the rest of the party, regardless of surname please? I was the lead passenger and the booking was made using my card. Our party comprised extended family and 1 minor. Some have since changed their name due to marriage.

Also one of our party is terminally ill. It is therefore entirely feasible that she may not survive to see the outcome. In that event, does anyone happen to know whether Jet2 would still have to pay out for her (assuming it would go to her estate)?

I have looked on the forum to see if this particular question has already been answered but couldn't see any mention of it - apologies if I missed it.

Thanks in anticipation.

111KAB

KTGF - form N1 required ~ read Vauban's guide. If someone is terminally ill the proceeds will go to the lead passenger for distribution.

Caz3121

bezthespaniard wrote: »

I sent off my letter today - am I likely to get compo?

Might be worth reading this thread and good luck finding any post where they have actually received compensation from Jet2
You can choose whether to start court proceedings now (once you receive your rejection/delay response) or wait until after the Liverpool case

Vauban

Interesting claim from someone on the Consumer Action Forum.

The preliminary defence from Jet2.com is deeply unimpressive, to my untrained eye: I'm surprised they haven't included "and the dog ate my homework".

howticklediam

KTGF wrote: »

Hi there, I am planning to take Jet2 to court after initial correspondence has proven fruitless (most recent letter being Van den Lans reference etc).

However in the early stages I wrote to claim on behalf of all members of our party (as per the various templates). Jet2 then said we had to claim individually. They later wrote back and said those with the same surname could be dealt with as one claim, but anyone with a different surname would have to claim for themselves.

I rather suspect this was just a typical Jet2 stalling tactic, however before filing a claim at court I wonder if anyone can confirm that 1 person can claim on behalf of the rest of the party, regardless of surname please? I was the lead passenger and the booking was made using my card. Our party comprised extended family and 1 minor. Some have since changed their name due to marriage.

Also one of our party is terminally ill. It is therefore entirely feasible that she may not survive to see the outcome. In that event, does anyone happen to know whether Jet2 would still have to pay out for her (assuming it would go to her estate)?

I have looked on the forum to see if this particular question has already been answered but couldn't see any mention of it - apologies if I missed it.

Thanks in anticipation.</QUOTE>


Jet2 tried the same ruse with me. I was asked to submit separate claims for my children and one in my wife's maiden name (name at the time of the flight). I told them I was the legal guardian for the kids and I said I was claiming on behalf of my wife and got her to sign the letter. It doesn't matter in court, you can claim on behalf of others, but for children you need to declare that you are their litigation friend prior to a hearing. I don't how this works for non-related adults in the same party.

dino25uk

EUdelay contesting JET2's applications to stay court cases pending Van Der Lans on Monday morning. Let's see what JET2 do to get around this one!!!!

howticklediam

dino25uk wrote: »

EUdelay contesting JET2's applications to stay court cases pending Van Der Lans on Monday morning. Let's see what JET2 do to get around this one!!!!

This is very interesting for my case. How can we find out the judgment?

howticklediam

In Jet2's terms and conditions when I booked my flight there is this clause:

"Time Limits to bring a Claim
Your right to make any claim against us shall be extinguished if you do not bring an action within two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped."

Has anyone successfully argued that Statute of Limitation in the UK (i.e. six years) overrides the T&Cs.

Also I would claim that it is an unfair clause because it doesn't explicitly say "serve legal papers" within two years, but that it says "bring an action". Which as far as I'm concerned is what I did in writing my complaint. If "bring an action" has some specific meaning in lawyer-speak that only lawyers understand, then it is insufficiently clear for a T&C on a consumer website. And my interpretation in general terms of "start a complaint against the airline" is a reasonable assumption.

Do any posters have sufficient knowledge of the law to know if I can successfully argue this point?

TIA

razorsedge

howticklediam wrote: »

In Jet2's terms and conditions when I booked my flight there is this clause:

"Time Limits to bring a Claim
Your right to make any claim against us shall be extinguished if you do not bring an action within two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped."

Has anyone successfully argued that Statute of Limitation in the UK (i.e. six years) overrides the T&Cs.

Also I would claim that it is an unfair clause because it doesn't explicitly say "serve legal papers" within two years, but that it says "bring an action". Which as far as I'm concerned is what I did in writing my complaint. If "bring an action" has some specific meaning in lawyer-speak that only lawyers understand, then it is insufficiently clear for a T&C on a consumer website. And my interpretation in general terms of "start a complaint against the airline" is a reasonable assumption.

Do any posters have sufficient knowledge of the law to know if I can successfully argue this point?

TIA

Article 15 of the EU261/2004 regs covers this point:

Article 15
Exclusion of waiver
1. Obligations vis-à-vis passengers pursuant to this Regulation
may not be limited or waived, notably by a derogation
or restrictive clause in the contract of carriage.

howticklediam

razorsedge wrote: »

Article 15 of the EU261/2004 regs covers this point:

Article 15
Exclusion of waiver
1. Obligations vis-à-vis passengers pursuant to this Regulation
may not be limited or waived, notably by a derogation
or restrictive clause in the contract of carriage.

And in plain English I guess that means they cannot override the EU261/2004 regs by use of a restrictive clause in their T&Cs. That's great news for me as this is J2's primary defence in my case.

Thank you.:)