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Flight delay and cancellation compensation, Jet2.com ONLY

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  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    phil h - court action for you - read Vauban's excellent guide then decide on DIY or NWNF.
  • phil_h wrote: »
    Hi Martin

    have try to get a claim from Jet2 over a delay of flight to Rome from Manchester in October 2012 at the time we got back sent a complain to them over the delay with in 2 months but got reply back saying it was technical issue sorry could not claim only just found things had changed
    so sent letters to jet2 over the claim back and fourth sorting the info
    and now got letter back saying can not accept our claim there terms and conditions proceedings must be brought no more than two years:

    I'm afraid you have been the latest in a long line of victims of Jet2's complete inability to tell the truth (even the CAA say that it is 6 years and not 2).
    As advised, the only thing that might work is legal action.:wall:
  • NoviceAngel
    NoviceAngel Posts: 2,274 Forumite
    Part of the Furniture
    supermac9 wrote: »
    I'm afraid you have been the latest in a long line of victims of Jet2's complete inability to tell the truth (even the CAA say that it is 6 years and not 2).
    As advised, the only thing that might work is legal action.:wall:

    I do believe that there's a County Court Appeal taking place in March to clear this one up!
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

    Hi, we’ve had to remove part of your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • glentoran99
    glentoran99 Posts: 5,825 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    I do believe that there's a County Court Appeal taking place in March to clear this one up!

    Part of me thinks Jet 2 may win this one, although can terms and conditions agreed to override your legal rights.

    You dont agree to the contract terms you have the choice not to use them
  • glentoran99
    glentoran99 Posts: 5,825 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    edited 24 February 2015 at 2:40PM
    found this actually on that subject

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284426/oft311.pdf

    Unfair contract terms guidance 67
    Group 17: Restricting the
    consumer's remedies – paragraph 1(q) of


    Schedule 2





    Schedule 2, paragraph 1, states that terms may be
    unfair if they have the object or effect of:

    (q) excluding or hindering the consumer's
    right to take legal action

    or exercise any other legal remedy,
    particularly by requiring the consumer to take disputes exclusively to
    arbitration not covered by legal provisions, unduly restricting the
    evidence available to him or imposing on him a burden of proof which,
    according to applicable law, should lie with another party to
    the contract.

  • Demonic
    Demonic Posts: 19 Forumite
    Similar situation to many on here. Jet2 flight to Cyprus in June 2012 delayed by 8 hours. We actually taxied out then returned to the terminal. First wrote to Jet2 in March 2013 and that was rejected with the Jet2 "extraordinary circumstance" chance card.

    After the October 2014 decision on the appeal and the clarification of what constitutes extraordinary circumstances, I recontacted Jet2 in January 2015 and asked them to reconsider.

    They are now trying the 2 year time limit. The letter actually states that "legal proceedings need to commence within 2 years". There seems to be no mention of legal proceedings in their T&Cs, just "any action" starting within 2 years.

    I've decided to put it in the hands of Bott&Co, on the basis that I did contact them before 2 years had elapsed and, given the timing of the refusal to appeal (October 2014) then it would have been impossible to settle this within 2 years. Bott&Co seem confident that I have a case despite the 2 year limit. I first tried another NWNF company (Flightdelays.co.uk in case anyone is reading this) but they didn't want to take it on citing that "[FONT=&quot]claim is too close to the 6 year limitation time period for us to issue legal proceedings.[/FONT]". After not even 3 years? Seriously?

    Hopefully the courts will take the view that it was just Jet2 delaying tactics and common sense will prevail, but I need to remember that it's Jet2 we're talking about.

    Anyway, if Bott&Co come through then 70% of something is better than 100% of nothing.

    Happy hunting.

    Dom
  • JPears
    JPears Posts: 5,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Demonic, you share my thoughts as well - the T&Cs clearly state "action" not specifically legal action. If you have made a claim to Jet2 within 2 years, then that term/condition is irrelevant.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • nat38
    nat38 Posts: 205 Forumite
    edited 25 February 2015 at 1:36AM
    hi all, I'd like your advise on this one.

    We flew with Jet2 in September 2014 from Lanzarote to Newcastle, delayed for 17hs due to technical problems. Flight was scheduled for 9pm, as usual we were given very little information etc etc until we were finally told we wouldn't leave until the following day. We were given accommodation but we didn't get to the hotel until after 1am.

    I wrote a claim and they came back with the 'extraordinary circumstances" card. They accept that there was a technical problem, but they claim that the reason why we were delayed over 3hr was because of 'night closure of the Airport' which is beyond their control.

    I've checked on line and it seems that it is true that the airport is closed from midnight to 5am. Now my point:

    The flight was supposed to depart at 9pm. If the delay caused by technical fault (which they accept as their own) was less than 3hr then we would have been able to depart just before midnight, but we didn't. In a way, to me that means that their technical delay was longer than 3hr.
    Can I argue this?

    Thanks!


    PS - just curious, what happens if a delayed flight was to land after midnight? do they get diverted?
  • JPears
    JPears Posts: 5,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Usual BS from Jet2. They caused the delay of 3 hrs or more irrespective of any further dealys whatever the reason.
    You will need to take legal action against Jet2 as it is very unlikely they will pay your compensation due to you.
    Expect them to come up with another pathetic excuse along the line,
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • nat38
    nat38 Posts: 205 Forumite
    edited 25 February 2015 at 4:37PM
    thanks JPears, I agree, it sounds BS to me too...

    are Bott&Co the best? I could try and do it myself but I am not that confident and far too busy/stressed at the moment to deal with it.
    I've checked their website - it says 27% + 25€.
    does anyone know if there are other hidden charges?

    also, what are the costs of court proceedings otherwise?

    many thanks
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