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Flight delay and cancellation compensation, Jet2.com ONLY
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Centipede100 wrote: »Why are you bothering with yet another letter? The only way the airline will respond is if you issue a legal claim.
I have had a reply from JET2 quoting that the "exraordinary circumstances" were "an unexpected technical fault with one of the engines" - this, according to JET2 was an "extraordinary circumstance" which could not have been foreseen, and which was beyond their control so they are not liable for compensation under Regulation EU 261/2004 - I am going to write to CAA and ask them if this is the case & if they agree then its case closed for me - it was worth trying. Thank you Martin for bringing this to our attention - I hope that some people have managed to get compensation where it was due. :money:0 -
I am going to write to CAA and ask them if this is the case & if they agree then its case closed for me - it was worth trying. :money:
There is no point in giving up as there are no win no fee firms looking for your business. You may not get what you are fully entitled to but c 70% is better than zero.0 -
Has anybody managed to get any compensation from Jet2.0
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Hello everyone
Familiar story: I claimed for a 7 hour delay on Jet2 back in 2007, even sending them copies of my boarding pass. They reply with a short letter rejecting the claim due to extraordinary circumstances (no further details given).
So, do I:
- Contact the CAA, but they seem toothless?
- Write back to Jet2, if so saying what?
- Take this to court?
- Go to a No Win No Fee company?
I'm up for a fight, but simply can't tell if I've got a hope-in-hell or not.
Jet2 seem determined not to pay out - has anyone had any success?0 -
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Hello everyone
Familiar story: I claimed for a 7 hour delay on Jet2 back in 2007, even sending them copies of my boarding pass. They reply with a short letter rejecting the claim due to extraordinary circumstances (no further details given).
So, do I:
- Contact the CAA, but they seem toothless?
- Write back to Jet2, if so saying what?
- Take this to court?
- Go to a No Win No Fee company?
I'm up for a fight, but simply can't tell if I've got a hope-in-hell or not.
Jet2 seem determined not to pay out - has anyone had any success?
Write them a Notice Before Action letter (links to templates in the FAQs) giving them 14 days to pay up or explain why they are citing extraordinary circumstances. And then - assuming the delay was not caused by ECs (you don't say what the problem was) - initiate court action or engage a no win no fee company.0 -
So I filled out the MCOL and, it seems, like everyone else who has done this against JET2, they are going to defend the claim in full. So now just waiting for the 28days for JET2 to submit their defence. I will keep everyone posted with any updates.0
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Hello everyone
Familiar story: I claimed for a 7 hour delay on Jet2 back in 2007, even sending them copies of my boarding pass. They reply with a short letter rejecting the claim due to extraordinary circumstances (no further details given).
So, do I:
- Contact the CAA, but they seem toothless?
- Write back to Jet2, if so saying what?
- Take this to court?
- Go to a No Win No Fee company?
I'm up for a fight, but simply can't tell if I've got a hope-in-hell or not.
Jet2 seem determined not to pay out - has anyone had any success?
My advice for what it is worth, is to send an NBA with a specific request for detailed information about the EC. Ideally you need this before you can make an informed decision as to proceeding to small claims. If they fail to provide this informtion, despite a specific request, this will go in your favour at any court hearing.If you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0 -
It is up to the airline's to *prove* the existence of EC's, and a Court requires parties to a dispute to be open and forthcoming with each other, in an attempt to resolve without involving the Court.
So if they don't open up, then Court it is.0 -
Hi
Thanks for the advice. I am just about to send this NBA, does this look alright?
Thanks again
Notice Before Action
Thank you for your recent reply, in which you stated your belief the delay was caused by extraordinary circumstances, due to an unexpected technical fault caused by hydraulics and anti icing issues.
However as this is insufficient detail for me to understand whether the reason complies with Article 5.3 I am requesting that you provide full details of the reason for the delay in order to satisfy the provision in the Regulation, including an in depth explanation of the fault and why this would come under extraordinary circumstances.
For the avoidance of doubt, I again quote below the relevant sections from the Wallentin-Hermann judgment which defined extraordinary circumstances where they relate to technical issues in more detail, specifically that the problem can not be classed as EC simply because it was not foreseen or expected:
1. Article 5(3) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, must be interpreted as meaning that a technical problem in an aircraft which leads to the cancellation of a flight is not covered by the concept of ‘extraordinary circumstances’ within the meaning of that provision, unless that problem stems from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control. The Convention for the Unification of Certain Rules for International Carriage by Air, concluded in Montreal on 28 May 1999, is not decisive for the interpretation of the grounds of exemption under Article 5(3) of Regulation No 261/2004.
Cont’d…
2. The frequency of the technical problems experienced by an air carrier is not in itself a factor from which the presence or absence of ‘extraordinary circumstances’ within the meaning of Article 5(3) of Regulation No 261/2004 can be concluded.
3. The fact that an air carrier has complied with the minimum rules on maintenance of an aircraft cannot in itself suffice to establish that that carrier has taken ‘all reasonable measures’ within the meaning of Article 5(3) of Regulation No 261/2004 and, therefore, to relieve that carrier of its obligation to pay compensation provided for by Articles 5(1)(c) and 7(1) of that regulation.
Should you neither settle my claim in full nor provide a full response detailing your full defence to my valid claim within 14 days from the date of this letter, then you leave me with no alternative but to commence legal proceedings without further notice[FONT="].[/FONT]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:
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.0
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