Flight delay and cancellation compensation, Jet2.com ONLY

NoviceAngel

Are they finally holding their hands up, you know, a part of me wishes they didn't I enjoyed my fight, although a proposed permanent traveller site next to historic Temple Newsam keeps me busy these days.......

BOS_Kicked

As I said in a previous post, I've emailed the customer services email on their website and also posted copies of everything including a LBA to their head office. I copied the text from Vauban's guide, just adding the relevant info where directed. Got a reply from their customer service email saying the following...

Thank you for your email.


All correspondence regarding delays and EC Regulation 261/2004 must be submitted in writing to the following postal address: EC 261/2004 Team, Customer Services, PO Box 284, Leeds, LS11 1GE. On receipt of your postal correspondence, you will receive an acknowledgement to confirm it has been successfully received and is being reviewed.

The EC 261/2004 team ARE IN THE SAME BUILDING! why they can't just forward the email is beyond me.

Anyway - I assume i've done everything I need to and I don't have to send everything to the specific EC 261/2004 team as they are directing me?

Address might be useful for anybody starting out on the process.

NoviceAngel

I don't know why they are using a LS11 address, AFAIK it's always been the Low Fair Finder House address adjacent to the airport.

Perhaps they've employed a crack team of EC 261 payout operatives now working in a dedicated building in Leeds 11, and that's nowhere near the airport.

BOS_Kicked

Yes - It was the Low Fair Finder address I sent (posted) everything to. It's the address that's still on their website if you look at the T&Cs detailing 'The Company'.

Can I assume I can ignore their direction and everything will be okay legal wise, or would you advise sending everything to this address as well. I'm wary of duplicating things.

NoviceAngel

I think now that they are not really going legal with these claims, I'd do as they ask and send everything to the LS11 address. If required you can always issue an NBA to Low Fare Finder, but I don't think an NBA will be required any more.

howticklediam

Here's an interesting argument from j2's defence of my claim.

That I can't bring a civil action for damages.

Further or in the alternative, the Claimants are not entitled to bring a civil claim for damages in respect of any rights they may have under the Regulation. This is because, as a matter of English law, breaches of a carrier’s obligations under the Regulation do not give rise to a civil action for damages: Graham v. Thomas Cook Group UK Ltd [2012] EWCA Civ 1355.

Some background:

http://travellawquarterly.co.uk/images/uploads/engcases/graham_v_thomas_cook_pdf.pdf
http://www.clydeco.com/uploads/Files/Publications/2013/CC002481_Aviation_Bulletin_05.02.13.pdf

A passenger had accepted a refund for a ticket under Article 8 of 261 due to an ash cloud, and then given complimentary tickets, but went on to claim for further damages under Article 12:

- General damages for distress caused by the cancellation
– A sum for wasted expenditure incurred by a third party
– Punitive or exemplary damages of up to GBP 50 million

That's some brass-neck to claim for 50 million.



So my counter argument is that this case doesn't apply to me as it was a case for further damages, not compensation under Article 7.

Also, if it is true that I can't bring a civil action under 261, how can there have been so many court cases in the UK all the way up to the Supreme Court, and why were j2 allowed to appeal Huzar at the Court of Appeal, surely it would have been thrown out.

Anyway, it's sad but true that I'll have to deal with this in court as it's in j2's defence, so any more ideas on this one would be appreciated.

Thanks.

NoviceAngel

That's a standard and very old defence that I thought J2 had all but given up on, saying that claims were for damages and yours isn't it is for compensation under EC261. You can clarify that in your claim if need be, but I wouldn't even give that argument anymore than the minimum of lip service.

Any DJ would through their argument out, like you said you only have to refer to any of the big cases, like Huzar.

How many more times, do J2 need to be told! :mad:

PS just to add damages are not a fixed amount and are normally claimed under personal injury claims. Whereas Compensation under EC261 is a fixed amount as stipulated by the EU law.

JPears

I'd put a thick black line thru it on the defense and label it as highest grade bovine excrement.

jazzberry

I sent away a request for compensation and have only just received a reply 2 months later saying according to their records that my flight was only delayed 2 hours and forty minutes.

I had obviously double checked the historical flight details and it arrived more than three hours later.

My question is - how do I prove this to Jet2? I read that a few websites wouldn't let you use their services for EC261/2004 complaints. Is there anywhere that I can get a report to send to Jet2?

111KAB

jazzberry - there are no such sites which will provide evidence you can use in court/proof however if you and flightstats are sure the delay was over 180 minutes then follow Vauban's Guide and pursue Jet2 accordingly.