Flight delay and cancellation compensation, Jet2.com ONLY

Jet2fan

Hello All,

I spoke to the dude at Bott and Co a couple of weeks ago and the problem seems to me to be thus:

The "2 year within the terms and conditions argument" issue is going to be a tad more difficult for US as Jet2 claimants due to wording within the T's and C's

Ryanair and the rest have the wording down as "Damages"... This is easy for a Judge to brush aside as the compensation we claim is not "Damages", we seek conmpensation.

"The learned judge in Drew -v- Ryanair held: 1) Flight delay compensation should not be classed as 'damages' and therefore was not covered by the relevant contractual limitation clause".

However, those crafty !!!!!!s at Jet2 worded their T's and C's as something like "After 2 Years you lose your right to submit ANY CLAIM"...

A harder nut to crack as opposed to Ryanair's more specifically worded condition.

NoviceAngel

Jet2fan wrote: »

However, those crafty !!!!!!s at Jet2 worded their T's and C's as something like "After 2 Years you lose your right to submit ANY CLAIM"...

A harder nut to crack as opposed to Ryanair's more specifically worded condition.

True, but we have had some limited success but also a few failures, I think this will go all the way if Jet2 fight a few CC Judgments that go against them. The picture should become clearer, hopefully when a few more cases have gone through the Court system.

From what I've read it seems that LiP's are not doing as well as the Solicitors in their success rate, but I guess that's only to be expected.

Let's hope the fog clears soon on this and we get some consistency for LiP's.

Cheers,

NoviceAngel

Demonic

In my opinion, there are positives and negatives in the Jet2 T&Cs for anyone trying to claim compensation.

Whilst it does state that the 2 year limit covers damages, compensation or "relief whatsoever", it also does NOT specifiy that the "action" needs to be legal action. I see no qualification anywhere else in the T&Cs that defines "action" as "legal action".

As such, I would suggest (with no legal background whatsoever) that if you have contacted Jet2 previously (within the 2 year time limit), only to be blown off with one of the other excuses (usually extraordinary circumstances) that you have a valid claim. In my opinion, contacting Jet2 to ask for a refund would constitute an action.

That would still have to be argued in a court of law, especially as Jet2 would no doubt throw millions of pounds at lawyers to argue that black is in fact white.

This is the position that I find myself in but I have put it in the hands of Botts simply because I do not have the time to be arguing with Jet2 personally.

Only time will tell.

JPears

A point I have been making for probably a year now

NoviceAngel

JPears wrote: »

A point I have been making for probably a year now

Yes, and with some good local results makes it even more bizarre that such as fight2survive lost there case.

Don't you think if they start losing on the start a claim point, that they within minutes can get it tightened with a quick rewrite, to simply say 'you must commence legal action against us within 2 years.'

Cheers,

NoviceAngel

stevemej

NoviceAngel wrote: »

Yes, and with some good local results makes it even more bizarre that such as fight2survive lost there case.

Don't you think if they start losing on the start a claim point, that they within minutes can get it tightened with a quick rewrite, to simply say 'you must commence legal action against us within 2 years.'

Cheers,

NoviceAngel

jet2 appear to be like a salamander changing colour to suit.

If they started losing on grounds of 'claim point' then they would come up with another story.

JPears

NoviceAngel wrote: »

Yes, and with some good local results makes it even more bizarre that such as fight2survive lost there case.

Don't you think if they start losing on the start a claim point, that they within minutes can get it tightened with a quick rewrite, to simply say 'you must commence legal action against us within 2 years.'

Cheers,

NoviceAngel

I am sure they will, but to change it now would be as good as admitting their error...
And Jet2 never make mistakes or errors, do they?

NoviceAngel

JPears wrote: »

I am sure they will, but to change it now would be a good as admitting their error...
And Jet2 never make mistakes or errors, do they?

Yeah so they are damned if they do, and damned if they don't I suppose it's a lose, lose situation for them

:rotfl:

amyegg2k

I made a claim months ago
finally today I received a cheque for £289.34 from jet2 as final settlement for the delay.... however they have only paid me..and not my partner who was on all documents with the claim...
I rang jet2 but wrong department..they said I have to write to jet2 or email, so I have replied to a previous email they responded too.... I think its ridiculous that they haven't sent 2 cheques but I am grateful they have sent the one.... if we get both them it covers the cost of the actual whole holiday we paid for and not just flights lol.... has anyone else had any joy with them?

NoviceAngel

amyegg2k wrote: »

I made a claim months ago
finally today I received a cheque for £289.34 from jet2 as final settlement for the delay.... however they have only paid me..and not my partner who was on all documents with the claim...
I rang jet2 but wrong department..they said I have to write to jet2 or email, so I have replied to a previous email they responded too.... I think its ridiculous that they haven't sent 2 cheques but I am grateful they have sent the one.... if we get both them it covers the cost of the actual whole holiday we paid for and not just flights lol.... has anyone else had any joy with them?

1. When was the delay?

2. How long were you delayed?

3. Where were you flying from and to?

4. Did you start formal court action? If so what was the date?

It's unusual to get a cheque from J2 so easily so congrats on that, if you can give us more info we can advise further.

Cheers,

NoviceAngel