Flight delay and cancellation compensation, Jet2.com ONLY

Tyzap

More disgruntled J2 passengers....

https://www.aeroinside.com/item/7339/jet2-b733-at-leeds-on-apr-7th-2016-flaps-problem?utm_source=newsletter&utm_campaign=20160408

SozeTHC

Hi guys, need some advice on how to proceed with my claim with Jet2.
My return flight from Sofia,Bulgaria to Manchester, UK arrived in Manchester 3 hours and 50 minutes late. (LS2122) And from looking at the claim tools, we are entitled to 400 euros each (2 of us).

Basically in this instance another Jet2 flight had to be abandoned for whatever reasons and they then put what passengers they could get on from that flight onto our flight. In this time we spent 3 hours on the runway and given BS excuses, I'm also sure that food and drinks should have been offered, we were offered a shot of water around the 2 and half hour mark.
Our flight was due to arrive in Manchester at around 11pm but arrived nearer to 3, which meant we had to pay for a taxi home, luckily not that bad for me, unlike the couple behind me who had to get a taxi which would cost them upwards of £200. I asked Jet2 staff what they were going to do to help us with this situation, can't remember what the women said but it distinctly smelled of BS.

So after researching what I could (though not seeing this thread) I realized that the common get out clause for airlines is the extreme circumstances BS, so I'm thinking well they can't give me that BS as our flight was fine. So I send my letter and after the automated send out, they reject the claim on the basis that my flight was a "chartered" flight and as such am not able to claim under EC261/2004.
Now after more research I found this to be BS, again. So I sent a letter basically telling them I felt they were being purposefully disingenuous and quoted paragraph 5 from the EC ruling, which states:

"Since the distinction between scheduled and non-scheduled air services is weakening, such protection should apply to passengers not only on scheduled but also on non-scheduled flights, including those forming part of package tours."

I told them that if they wanted to deny us our claim that they would need to provide proof, such as I did.
This was around 6 weeks ago and after trying to ring the "Customer Service" to get advice, I found once again they were trying to fob me off.
The first called ended n the lady telling me she was going to check they system and would put me on hold, guess what, after being put on hold for 2 minutes the call is dropped. So I ring back again, and luckily get the same person, who basically tried to say the dropped call was my fault.
So after that she tells me to email the 261/2004 team, I told her that on doing that you just get told to write in, she then asked for my reference, which I gave her and she could not find it. But somehow she knew that the main passenger was female and that now she could only discuss the matter with her, I explained I was also a passenger on the flight and the claim was for the 2 of us. She still told me that she couldn't discuss it with me and could only with the lead passenger. OK I reply, I will get her now. She gets flustered and its you need to email, again. I stop her there and basically tell her all I want is transparency, and if Jet2 do not reply to the only method available to contact them how can I get transparency.
Again she spouts out more Jet2 special BS. I told the women that she would not fob me off like there known to do to other passengers "Jet2 are not in the business of fobbing people off" she says, then here she tries to talk over me, which lead to me basically telling her to stay in her lane, I am the customer and you are the servant, needless to say she put the phone down.

So here I am now, seemingly in a limbo where the airline has quiet obviously lied and are not giving me any info. I do not really want to pay somebody to get something I am entitled to, plus having been on DLA/ESA I am used to fighting for what I am legally entitled to.
So if anybody has any info that could help me I would be extremely grateful.

Justice13075

Put your details into a flight delay checker and see what they say. On the face of it, it looks like a valid claim. After checking the delay site's read Vaubans guide and send off a letter before action. DO NOT get into a game of Ping Pong with them. They won't give you the real reason for the delay until you have issued court proceedings against them. There is a wealth of information on this site and people will gladly help. Good Luck

SozeTHC

Ive checked the flight checkers and they all say we're entitled to 400 euros. I had a look at the guide by Vauban but didn't see much regarding chartered flights. Will have another read. Thanx for the reply.

Justice13075

If you are told you are due compensation get the letter before action done and send it off.

JPears

Chartered flights nonsense is probably latest Jet2 misinformtion tactic.
Issue NBA, then court action if necessary. Follow Vauban's guide. Don't play the game with Jet2. Like most airlines, its an attrition process.

derrybhoy

derrybhoy wrote: »

So I just received a reply from Jet2 (see attached) after issuing a NBA letter on 8th February 2016. Still claiming it was an extraordinary circumstance. Looks like I'll have to pass this one to a NWNF solicitor as I am running out of time (June 2010 flight).

Are Bott&Co the recommended one to go with?

Thanks

So I received the following email from Botts over the weekend.


We have investigated the circumstances surrounding your potential claim and unfortunately we have come to the conclusion that we are not able to act for you on a no-win-no-fee basis. We say this because our investigations have led us to believe that the disruption to your flight may have been caused by an 'extraordinary circumstance' and as such the airline is not liable to pay compensation.

When I asked for clarification they replied:


To confirm that the regulation stipulates that any air traffic control decisions affecting the air craft in question invalidates a claim under EC 261/2004. Because of the air show, there were imposed restrictions because of the use of airspace by the show.

Looks like game over for my claim as I would not be confident in taking this forward myself as it will be 6 years on 6th June 2016. :sad:

Tyzap

derrybhoy wrote: »

Looks like game over for my claim as I would not be confident in taking this forward myself as it will be 6 years on 6th June 2016. :sad:

I would not be prepared to give it up if I were you!

J2 knew in advance that an airshow was taking place on that date, this gave them loads of time to sort out alternative arrangements. They chose to ignore what was about to happen and did not react to the situation until the aircraft was trapped by the airshow.

You have time to issue court proceedings which will stop the 6 year clock.

The key to this is when J2 were informed about the closure. That may not be admitted until they have to disclose their case to you but you could ask AESA and the airport authority when airlines were informed of the airshow.

I believe that if you can prove that J2 could and should have avoided this situation from arising in the first place you will win your case.

If you start court proceedings (all in Vaubans guide) you will have time to do some further research and then decide whether to continue with your case or withdraw it.

There are lots of people here willing to help you too.

Good luck on whatever you decide.

JPears

And I would be inclined to edit your posting to remove the part from Botts, Jet2 may use this against you if it gets to court....

howticklediam

derrybhoy

How much is your claim for?