Flight delay and cancellation compensation, Jet2.com ONLY

Tyzap

Regarding the EU261 regulations, I'm in complete agreement with Legal Magpie, it's also how I read the situation.

In front of a judge, in a specialist flight delay court, I don't think J2 would have much of a chance.

Squirreling also make a good point. How could a judge allow a situation where the passengers who stayed on the flight qualify for compensation but the ones who were removed and dragged around for another day don't. (a rhetorical question)

Reg_Hedge

Jet 2 are 100% in breach of both sections of Article 14, both in respect of ourselves and Squirrelling.

Reg_Hedge

A couple of days ago, Tyzac commented that for involuntary denial of boarding, that there is no defence. Is that correct?


If so, presumably we wouldn't need to have any debate over whether the faulty door was an EC or not?

Tyzap

Compensation, denied boarding and exceptional circumstances
Articles 2(j) and 4(3) of the Regulation must be interpreted as meaning that compensation is always due in the event of denied boarding and air carriers cannot validly justify an instance of denied boarding and be exempted from paying compensation to passengers by invoking extraordinary circumstances39.


2(j) ‘denied boarding’ means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 3(2), except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation;

4 3. If boarding is denied to passengers against their will, the operating air carrier shall immediately compensate them in accordance with Article 7 and assist them in accordance with Articles 8 and 9.

Reg_Hedge

Tyzap wrote: »

Compensation, denied boarding and exceptional circumstances
Articles 2(j) and 4(3) of the Regulation must be interpreted as meaning that compensation is always due in the event of denied boarding and air carriers cannot validly justify an instance of denied boarding and be exempted from paying compensation to passengers by invoking extraordinary circumstances39.


2(j) ‘denied boarding’ means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 3(2), except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation;

4 3. If boarding is denied to passengers against their will, the operating air carrier shall immediately compensate them in accordance with Article 7 and assist them in accordance with Articles 8 and 9.

Seems pretty clear - thank you so much!


Can I ask where the first paragraph is from please? Is that part of a previous judgement?

NoviceAngel

Hugs are free in the J2 thread xx

PomBear

Reg_Hedge wrote: »

A couple of days ago, Tyzac commented that for involuntary denial of boarding, that there is no defence. Is that correct?


If so, presumably we wouldn't need to have any debate over whether the faulty door was an EC or not?

Yes, technically your case should not hinge on EC because quite simply you were denied boarding. That said, knowing Jet2.... However, even they should know a faulty chute is not an EC. That’s why it appears to be an underhand tactic of trying to stop you claiming compensation

Tyzap

Reg_Hedge wrote: »

Seems pretty clear - thank you so much!
Can I ask where the first paragraph is from please? Is that part of a previous judgement?

See page 16 of the 'Better enforcement' document below...

It's also a good read for some knowledge and understanding of the EU261 regulations. This document was published a few years after the regs and is an attempt to expand on some of the unclear areas of 261 plus offers an easier read for LIP's.

https://ec.europa.eu/transport/sites/transport/files/themes/passengers/news/doc/2016-06-10-better-enforcement-pax-rights/c%282016%293502_en.pdf

JPears

Were all behind you Reg and Squirrel.

Reg_Hedge

Really appreciate it folks, thank you SO MUCH.