Flight delay and cancellation compensation, Jet2.com ONLY

NoviceAngel

Well done and yet another case, where legal action wasn't required....

Congrats from me, a good success story.....:j:beer::j

Cheers,

NoviceAngel

Lynsey89

Hi,
I wonder if someone could give me their opinion.
I flew with Jet2 in Feb and our flight was delayed, arriving 2 hrs 18 minutes late. It was Kittila to Manchester (1334 miles).
We had to buy food and drink whilst we waited so when I got back I sent a letter to Jet2 trying to claim my money back For the stuff we brought.
I thought that any delay over 2 hours and you were entitled to vouchers to buy food or claim the cost back.
However I have received a letter back saying that compensation is only payable for arrival delays over 3 hours.
Are they right?
It would only be a small amount to claim back but the company nearly ruined my holiday over another matter so would love to claim it back from them.
Thanks

CobyBenson

I'm afraid they are correct.

1,334 Miles = 2,146 KMs

<1,500 KM = 2 Hours+
1,500-3,500KM = 3 Hours+
3,500KM+ = 4 Hours+

supermac9

Jet2 are trying to adopt the same stance with me.
Their latest letter states the following:
"We are unable to accept your claim under EC Regulation 261/2004 as it is stated in our terms and conditions, which were read and agreed to during the booking process, that legal proceedings must be brought no more than two years after the scheduled date of arrival..."
I've been through the Jet2.com online T&C's, but the only relevant bit I can find is as follows:
Para 32 - "Any right to damages and/or compensation or any other relief whatsoever in relation to your booking shall be extinguished if an action is not brought within two years of the date of arrival or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped"
I can only assume that they are translating 'action' into meaning 'legal proceedings', but I'm not convinced that they can do this. I have asked them where in their T&C's are 'legal proceedings' are specifically mentioned, as I might be wrong. :wall:
I expect the only way this can be fully tested is in the courts, unless it has already been done and I've missed it.

stevemej

supermac9 wrote: »

Jet2 are trying to adopt the same stance with me.
Their latest letter states the following:
"We are unable to accept your claim under EC Regulation 261/2004 as it is stated in our terms and conditions, which were read and agreed to during the booking process, that legal proceedings must be brought no more than two years after the scheduled date of arrival..."
I've been through the Jet2.com online T&C's, but the only relevant bit I can find is as follows:
Para 32 - "Any right to damages and/or compensation or any other relief whatsoever in relation to your booking shall be extinguished if an action is not brought within two years of the date of arrival or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped"
I can only assume that they are translating 'action' into meaning 'legal proceedings', but I'm not convinced that they can do this. I have asked them where in their T&C's are 'legal proceedings' are specifically mentioned, as I might be wrong. :wall:
I expect the only way this can be fully tested is in the courts, unless it has already been done and I've missed it.

Supermac you can join the back of the queue. There are lots of people here in the same circumstances. I believe there is a court case pending which might finally sort the legality of the 2 year time bar. You can either start proceedings or (assuming you are not nearing 6 years) you could wait until the outcome of this case.
Others will probably advise you to just start proceedings.

howticklediam

supermac9 wrote: »

Jet2 are trying to adopt the same stance with me.
Their latest letter states the following:
"We are unable to accept your claim under EC Regulation 261/2004 as it is stated in our terms and conditions, which were read and agreed to during the booking process, that legal proceedings must be brought no more than two years after the scheduled date of arrival..."
I've been through the Jet2.com online T&C's, but the only relevant bit I can find is as follows:
Para 32 - "Any right to damages and/or compensation or any other relief whatsoever in relation to your booking shall be extinguished if an action is not brought within two years of the date of arrival or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped"
I can only assume that they are translating 'action' into meaning 'legal proceedings', but I'm not convinced that they can do this. I have asked them where in their T&C's are 'legal proceedings' are specifically mentioned, as I might be wrong. :wall:
I expect the only way this can be fully tested is in the courts, unless it has already been done and I've missed it.

There are cases going through to test this in court. Watch this space and you will hear the outcome. Jet2 have already lost a case in Bradford recently that tested this clause but it is going to appeal. However, be careful, the wording is different depending on when you booked your flight. In my case the wording was looser and did not specifically mention compensation, they have since tightened up the TCs.

Don't engage in endless letter writing, it's just a waste of time. You have the choice of taking them to court and arguing the TCs are unfair, or wait until these test cases are concluded over the next few months and then take them to court. If the ruling goes against them, as everyone thinks it will, they will no longer have a defence. Personally I am letting the professionals fight it out.

howticklediam

Supermac,

I have just read your post again, when did you book your flight? The TCs that they are quoting look like the current ones, you should check the Way Back Machine web archive for the TCs from the date you booked. Or look back on this thread, at some point I posted the TCs from various points in time to show how they have been changed.

Read posts:
http://forums.moneysavingexpert.com/showpost.php?p=67568751&postcount=1672
http://forums.moneysavingexpert.com/showpost.php?p=67568766&postcount=1673
http://forums.moneysavingexpert.com/showpost.php?p=67568784&postcount=1674

For the wording changes over the years.

supermac9

howticklediam wrote: »

Supermac,

I have just read your post again, when did you book your flight? The TCs that they are quoting look like the current ones, you should check the Way Back Machine web archive for the TCs from the date you booked. Or look back on this thread, at some point I posted the TCs from various points in time to show how they have been changed.

Read posts:
http://forums.moneysavingexpert.com/showpost.php?p=67568751&postcount=1672
http://forums.moneysavingexpert.com/showpost.php?p=67568766&postcount=1673
http://forums.moneysavingexpert.com/showpost.php?p=67568784&postcount=1674

For the wording changes over the years.

Our flight was in August 2012, so I expect the 2011 version of the T&C's will apply to our claim, as opposed to the current ones.

howticklediam

supermac9 wrote: »

Our flight was in August 2012, so I expect the 2011 version of the T&C's will apply to our claim, as opposed to the current ones.

So they are lying to you for a start. They are quoting current TCs (2015) and the TCs at the time of your booking are different and don't mention compensation, instead they relate to a section about damages for baggage which is not what you are claiming for. I would use this in court if it gets that far.

And that is why the TCs are unfair, because you were not supplied with a copy at the time of making the contract so you can't refer back to them and they can change them at will without giving you notice. There is consumer law about this: "Unfair Terms in Consumer Contracts 1999" and other ECJ stuff which basically is the predecessor to the above.

Also, check the Conditions of Carriage on your booking confirmation email. You will see that they don't contain this clause. They refer to the Montreal Convention which has already been ruled against in Dawson v Thomson Airways. Instead, the email has a link back to the TCs on the website, which is also unfair, as contract terms must be provided on a durable medium such as an email that you can keep for your records. A link to a website that they can retrospectively change to suit themselves is not a durable medium, and their defence to you illustrates this point very well.

If you argue these points in court with the relevant quotes from the law you will win as the law is very clear on this (I have it all if you need it) and they have shot themselves in the foot by quoting the amended TCs to you. If they defend it in court they will have to change to the 2012 version or you will catch them out again. BTW they don't have a copy of the TCs from 2012, there is no permanent record anywhere, and they will use the Way Back Machine to provide the TCs from some arbitrary point in time before you made your booking, but they can't supply them from the exact date of the booking. The only permanent record is your booking confirmation email which doesn't contain the errant clause.

However, as this is being taken through the courts already, you have the option to wait until it gets ruled on in a test case or a higher court. Then you can get your result without going to court and not running the risk of them appealing against you and having to fight an appeal yourself.

If you want to make sure you don't miss the six year deadline, you can start court proceedings and ask for a stay. Myself, and at least one other I know from here are doing exactly that and I know there are lots of cases backed up on this issue with NWNF solicitors. But you have plenty of time so there's probably not much point.

JPears

And if they can't actually provide AND prove a copy of the terms and conditions that are relevent to the contract they made with you vis a vis your booking/flight their defence is null and void. End of.