Flight delay and cancellation compensation, Jet2.com ONLY

Jet2fan

2 letters sent to Jet 2.

1st reply off Jet 2; "unexpected flight safety shortcoming" letter.

2nd reply off Jet 2 "technical fault due to hydraulic fault "no compensation is due" letter recieved.

Will be submitting court documents within the next week.

John.

stevemej123

Has ANYBODY received compensation from Jet2 either voluntarily or from CAA intervention or by court action.

thanks in advance.

Also has anybody actually taken jet2 to court?

richardw

lewroll received money because of cancellation and re-routing refusal after starting the small claims process.

JPears

stevemej123 wrote: »

Has ANYBODY received compensation from Jet2 either voluntarily or from CAA intervention or by court action.

thanks in advance.

Also has anybody actually taken jet2 to court?

I think there are 3 or 4 of us waiting for court hearing dates and/or court directions.

stevemej123

thanks for the replies

darrenmichael

Hi

I am after a bit of advise. My son and I travelled with Jet2 on 18/09/11 from Paphos to East Midlands. Due to the crew being out of flight time, our flight was cancelled and rescheduled for the next day (19/09/11). The communication we received on the ground was very poor and we were finally told at 1am (after checking in at 8pm) that the flight would be cancelled. Surely, the airline would have known that the crew would have been out of flight time hours before they landed in Paphos?

Anyway, I have written to Jet2.com for compensation and received my reply to say they will respond in date order and I've now received a further letter say that due to 'Extraordinary Circumstances', more specifically Unexpected Flight safety shortcomings , they are rejecting my compensation claim.

I do not feel that the crew being out of flight time is an extraordinary circumstance? Anyone else agree?

Advise and support needed!!

goodfella789

This is the latest response from Jet2.
CAA the next step?
Advice needed please.

Outbound flight:
The delay to flight **** was caused by an unexpected flight safety shortcoming, more specifically a cargo door defect on the aircraft due to operate your flight. This was an extraordinary circumstance which could not have been foreseen and was beyond Jet2's actual control. Despite taking all reasonable measures to avoid the delay, Jet2 was unable to do so. Under regulation EU 261/2004, airlines are not liable to pay compensation if the delay was the reult of extraordinary circumstances. Please allow me to re-iterate my apologies for any inconvinience the delay caused and assure you all reasonable steps were taken to ensure your flight departed on time.

Return flight:
I can confirm that the flight safety shortcoming which resulted in the delay to your flight was an unexpected technical fault, more specifically upper wing surface corrosion on the aircraft due to operate your flight. I note that you believe technical faults cannot constitute an extraordinary circumstance under EU regulation 261/2004, with reference to case Wallentin-Hermann v Alitalia-Linee Aeree Italiane (the "Wallentin-Hermann decision"). If i may clarify that the regulation does not define extraordinary circumstances. However, technical faults can, depending on individual facts surrounding the delay, constitute extraordinary circumstances. The Wallentin-Hermann decision to which you refer confirms this. Having completed a thorough investigation of your delayed flight, I can confirm that the technical fault which resulted in a delay to your flight could not have been foreseen or prevented even though all reasonable measures were taken and therefore, as the delay was due to extraordinary circumstances, no compensation is payable.

I wonder what explanation they are giving to passengers who were on the same flight 7 days later, also delayed by the same amount of time?

Mark2spark

To both of the above posters, time for court.

demo007

Just received this letter any advice please -

"Please be assured we have investigated your claim thoroughly on an individual basis and I can confirm that the flight safety shortcoming which resulted in the delay to your flight was an unexpected technical fault on teh aircraft due to operate your flight, more specifically hydraulics and anti-icing issues. Please allow me to re-iterate my apologies for any inconvenience the delay caused and assure you all reasonable steps were taken to ensure your flight departed on time.

I have noted your comments that you believe technical faults cannot constitute an extraordinary circumstance under EU Reg 261/2004 and your reference to case Wallentin-Hermann v Alitalia-Linee Aeree Italiane (the "Wallentin-Hermann decision"). If i may clarify the regulation does not define extraordinary circumstances. However, technical faults can, depending on the individual facts surrounding the delay, constitute extraordinary circumstances. The Wallentin-Hermann decision to which you refer confirms this. Having completed a thorough investigation of your delayed flight, the technical fault which resulted in a delay to your flight could not have been foreseen or prevented even though all reasonable measures were taken and therefore, as the delay was due to extraordinary circumstances, no compensation is payable."

Now the questions I have - are they correct? is this enough information to confirm whether it is or is not EC? Do i write back requesting full details or do i need to go down the MCOL route now?

Vauban

demo007 wrote: »

Just received this letter any advice please -

"Please be assured we have investigated your claim thoroughly on an individual basis and I can confirm that the flight safety shortcoming which resulted in the delay to your flight was an unexpected technical fault on teh aircraft due to operate your flight, more specifically hydraulics and anti-icing issues. Please allow me to re-iterate my apologies for any inconvenience the delay caused and assure you all reasonable steps were taken to ensure your flight departed on time.

I have noted your comments that you believe technical faults cannot constitute an extraordinary circumstance under EU Reg 261/2004 and your reference to case Wallentin-Hermann v Alitalia-Linee Aeree Italiane (the "Wallentin-Hermann decision"). If i may clarify the regulation does not define extraordinary circumstances. However, technical faults can, depending on the individual facts surrounding the delay, constitute extraordinary circumstances. The Wallentin-Hermann decision to which you refer confirms this. Having completed a thorough investigation of your delayed flight, the technical fault which resulted in a delay to your flight could not have been foreseen or prevented even though all reasonable measures were taken and therefore, as the delay was due to extraordinary circumstances, no compensation is payable."

Now the questions I have - are they correct? is this enough information to confirm whether it is or is not EC? Do i write back requesting full details or do i need to go down the MCOL route now?

This is a very tendentious reading of the Wallentin judgement: honestly, these airlines lawyers are a right bunch of shysters!

It doesn't matter whether a technical fault is anticipated or not - the Wallentin judgement is really clear about that (read paras 40-41 of it here: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62007CJ0549:EN:HTML). This means that it's not enough for an airline to say the defect was unexpected or that routine maintenance had no spotted it: they need to have the facilities on hand to fix it quickly or to put you on another plane if they can't. They are only allowed off if this effort to prevent the delay entailed "intolerable sacrifices" - which is a pretty high bar.

So - although I am not a lawyer - I think you have the force of law on your side. I would write them a so-called Notice Before Action letter (sometimes called a Letter Before Claim) advising them that they have 14 days to answer your questions fully or pay compensation. And if you don't get the right answer, start the MCOL proceedings.