Flight delay and cancellation compensation, Jet2.com ONLY

JPears

And in any event, see my note earlier, the current T&C's do not state LEGAL action, simply action.
A judge has to take what is a reasonable definition of action and what that might mean " to the man on the Clapham omnibus".
Jet2 may mean legal action, but thats not what the T&Cs state.
If your action, ie claim has been submittd to Jet2 within the 2 years, the T&Cs have been satisfied.

Can we expect to see another change in Jet2 T&Cs with the term legal added?

howticklediam

howticklediam wrote: »

It's also interesting that my copy of the Conditions of Carriage sent to me at the time of the booking does not have that clause. Only the online version, which is subject to change.

Right, now I know I'm banging on about this but I'd like to be able to argue the fairness of the T&Cs.

So,

1 - T&Cs have to be delivered on a durable medium, i.e. a letter or an email that you can store for your records without it being altered. A link to a website that is subject to change is not a durable medium, so I would say the T&Cs as they present them are invalid. The durable (email) copy I received does not include the restrictive clause.

2 The consumer law has changed over the last four years. Which consumer law applies to this case:
a) from the time of the booking which would be The Consumer Protection (Distance Selling) Regulations 2000.
b) Or the later The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 as in force now?

Thanks in advance if any one has the answer to this.

mozza73

Hi
I am new to this forum but would like to say that the information on this this thread is extremely useful. I have just received a further reply from JET2 advising me that the "technical fault like the one which caused the delay in this instance is an extraordinary circumstance and therefore compensation is not payable". I am therefore going to follow the guidance provided to submit a claim to the small claims court.
I will keep you informed of developments.
:j

Jet2fan

Re: Jet2's clause in their terms / conditions.

I always thunk that a business cannot impose illegal / unfair terms in their conditions.

I.e. If I said to you that I would "punch you in the chops" if you are horrible to me, then you were horrible, and I punched you. This would not "excuse my actions", nor could I say "Well I told him what would happen if he did that."

The law of the land rules... In this case, the Montreal Convention.

Just because they have terms and conditions which say "If you don't claim within 5 minutes, you have lost your right to claim" doesn't mean that they can circumvent the law of the land by trying to make you sign some legal document drawn up on the back of a fag packet.

If they had, in their T&C's "by flying with this airline, you agree to be carried by us, yet you lose all rights to a possible future claim under 261/2004" wouldn't mean that their "condition" trumps the law and that they could refer back to their T&C's and say "ahh... this passenger / mug signed this, therefore we don't have to pay out.

I am not a contract lawyer, but I always believe that no company can impose terms and conditions which are unfair / illegal.

Jet 2 Claimant (June 2013) Bott and Co.

Flight details August 2009, Man / Malaga. Jet2. Flight Safety Shortcomings - Hydraulic leak on an Actuator.

The real irony of my case is that they are claiming "extraordinary circumstances". In THEIR own documentation they say that there were 5 (YES... FIVE) instances OF THAT PARTICULAR PART failing in the 12 Months prior to the event across their whole fleet.

You couldn't make it up.

Jet2fan

Thinking about it... I do not think that Jet2 could ever hope to have this T&C to stick up in court.

The reason for this T&C is simple...

It is another "Fob Off" tactic / a red herring if you will.

You claim...

Jet2 refer you to their T&C's in their letter.

10% / 20% / 30% do not continue with their legal right to claim as they understand that Jet2 (an honorable company) and their corporate big firm lawyers (honest as the day is long) would not dare to give to false information / use underhand or delaying tactics / or try to circumvent the law by giving the customer duff information when they have started a legitimate legal claim against them.

If 20 claims are halted by this T&C... £ 12000+ saved for an extra line on a document... Simples.

Skid_Marks

mozza73 wrote: »

I am therefore going to follow the guidance provided to submit a claim to the small claims court.

:j

That's what we like to see.....at some point it will dawn on them that it saves them the cost of their solicitor's fees, the court fee and interest if they pay the compensation due to their passengers when requested.

archietetley21

New to this forum and have just received my "extraordinary circumstances" letter for the cause of our 7 hour delayed flight in September coming home from Dubrovnik. If I write asking what the technical fault was, what is the chance of them telling me exactly the reason? The customer services team take months to respond and I don't know whether I have the patience to pursue a claim even though I'd hate Jet 2 to get away with it. Apart from the Huzar case, have any of you actually received compensation? Has anyone gone through any of the solicitors who come up on google when you put in flight delay compensation? I know they would take a percentage but are they more successful of winning rather than private individuals taking action.

111KAB

archietetley21 wrote: »

If I write asking what the technical fault was, what is the chance of them telling me exactly the reason?

Zero

archietetley21 wrote: »

Apart from the Huzar case, have any of you actually received compensation?

Very few

archietetley21 wrote: »

Has anyone gone through any of the solicitors who come up on google when you put in flight delay compensation? I know they would take a percentage but are they more successful of winning rather than private individuals taking action.

Yes most seem to be going to Bott & Co. but they are struggling with Jet2 at the moment but Liverpool Court case next month may help resolve some stayed (frozen) cases. Generally litigants in person seem to be getting there although solicitors do seem to have the ability (possibly being more of a 'threat') to obtain earlier results.

Caz3121

archietetley21 wrote: »

Has anyone gone through any of the solicitors who come up on google when you put in flight delay compensation? I know they would take a percentage but are they more successful of winning rather than private individuals taking action.

Mine has been with EUClaim/Bott for 2 years+ for a Jet2 claim. Jet2 don't care whether you submit yourself or through a NWNF, they just won't pay. Hopefully the Liverpool case will mean they can no longer wriggle out of their obligations

Skid_Marks

Caz3121 wrote: »

Mine has been with EUDelay for 2 years+ for a Jet2 claim. Jet2 don't care whether you submit yourself or through a NWNF, they just won't pay. Hopefully the Liverpool case will mean they can no longer wriggle out of their obligations

Have you requested an update from Eudelay after their success at Mansfield Court on Monday of this week against Jet2?
It would be interesting to learn why they haven't progressed your claim.