Flight delay and cancellation compensation, Jet2.com ONLY 11 January 2013 at 11:58AM edited 1 July 2014 at 5:06PM in Flight Delay Compensation 3.8K replies 575.5K views

venus1978

Hi i was going to try and make a claim for a flight that had an 9hr delay on from Belfast to Palma in July 2007. How important is the booking reference ? I have hunted everywhere for my boarding passes or a booking ref but no luck that far back. I do know the flight number, date and times.

Thanks

venus1978

Centipede100 wrote: »

Booking ref which proves you were on the flight is pretty fundamental. Unless you have this or something similar, the airline may put you to strict proof that you were on this flight in any court hearing.

Hi Thanks, I thought that might be the case. I do have a credit card statement that proves I paid jet2 for flights and a second payment to them by debit card for the extra £10 flight tax that was added later in 2007..... but no booking ref, I could kick myself !!

Mark2spark

It might be worth contacting the UK border agency to see if they can provide some sort of confirmation that you cleared passport control on a certain date at a certain time?

si1306

hi all i got a reply from jet 2 today stating the extraordinary circumstances letter, the flight was delayed due to a wheelchair ramp being driven into the plane and damaging it before leaving leeds bradford to fly to palm, we were at palma airport so the passengers due to come got bussed to manchester then got a new plane to palma which we then boarded, the delay was 9 hours and im unsure weather the incident involving a whheel chair ramp damaging the plane isclasses as extraordinary circumstances. any help will be greatly appreciated

si1306

sorry for thr spelling im on my sons unresposive tablet as my laptop is broke

sharalee99

Have had a response from Jet2, after I wrote back, again, and told them a technical fault cannot be cited as extraordinary circumstances. In the letter I quoted back to them the paragraph (and number) of the Sturgeon Judgement that says this.

So today they say...
We were sorry to note that we were unable to resolve your claim on this occasion and your ongoing dissatisfaction is very much regrettable. Please be assured we will be reviewing your correspondence and will endeavour to respond fully as soon as possible.

I gave them 14 days to write back to me, with the correct info on why my flight was delayed. I shall give them 14 days from today.

disneyangel_2

We had a 9 hr delay on a flight from edinburgh to Palma back in July 2011 (hottest day of the year and we were stuck in the airport all day :eek:) . It was part of a package holiday booked with Jet 2 holidays.
Jet 2 gave us a customer information bulletin which I kept which states delay was expected to be 8hrs 30mins and was due to technical fault with the original aircraft and that they were waiting for the first suitable aircraft to become available to recover the flight.

They did give us food vouchers (not enough to cover a meal at airport prices however :rotfl:) and the option to transfer onto the next available flight free of charge. We did enquire about this at the time but jet2 holidays were unable to confirm if the hotel booking could be moved in addition to the flight (in short they were hopeless )

This is my letter so far....

Customer Care Team
Jet2.com
PO Box 314
LEEDS
LS19 9EL

Dear Sir or Madam,

Re: Compensation claim for delayed flight
Booking Reference :X / Flight Voucher Airline Reference X

I am writing regarding flight LS717 on 04JUL 2011 from Edinburgh to Palma with the scheduled departure time of 10.30am. This flight arrived 9 hours late at Palma.

The judgment of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.

The passengers in the party were Mr X, Mrs X & Miss X

My scheduled flight length was 1880km therefore I am seeking €400 per delayed passenger in my party. The total is €1200 for all passengers.

Please find attached a copy of the Customer Information Bulletin which we were given on the day of the flight (around 3 hours after the original departure time) which sites the delay as due to a technical fault.
Under JUDGMENT OF THE COURT (Fourth Chamber) 19 November 2009 (Air transport – Regulation (EC) No 261/2004 – Article 2(l) and Articles 5, 6 and 7 – Concept of flight ‘delay’ and ‘cancellation’ – Right to compensation in the event of delay – Concept of ‘extraordinary circumstances’) In Joined Cases C 402/07 and C 432/07,
The court ruled that :-

3. Article 5(3) of Regulation No 261/2004 must be interpreted as meaning that a technical problem in an aircraft which leads to the cancellation or delay 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.

Since technical problems have been ruled by the ECJ to be unlikely to be held as a valid defence of extraordinary circumstances to a compensation claim, then should you be claiming any such defence I should be grateful if such details could be provided to me within 14 days of the date of this letter.

Should you neither settle my claim in full nor provide a full defence to my claim within the above timescale, I reserve the right to issue legal proceedings without giving you further notice in writing.

Yours faithfully,

Is this suitable as a first letter ? Any change/suggestions based on your experience will be gratefully received.

I expect this to be a long process . I wrote a letter of complaint at the time as on top of the delays our daughter (then aged 7) was put on an emergency row seat by the check in staff then obviously moved once we got on the plane and if it wasn't for a nice couple who offered to swap seats with us would have been sat a good few rows away from us.

I would never recommend anyone to travel with them

mercury123

The thing that really annoys me about all this, is that their level of customer service is terrible. I wrote to Jet2 on 28th December (and had a reply from them same day saying that i would get a response within 28 days) regarding a 7 hour delay that i had travelling back from Lapland with my family. I've still heard nothing so i'm going to send another email to them now. But the basic fact (i believe) is this:

They must prove that the circumstances were extraordinary which caused the delay. Well the fact that in my case, the delay was caused due to a leak on the plane, does not to me, constitute an 'extraordinary circumstance". So i'm going to write to them again now, and if I don't get a reply within a week, then I will be forwarding all of my correspondence onto the CAA for advice.

I'm sure we'll all get there in the end, but Jet2 are making this as hard as they can!

JPears

si1306 - irrespective of the wheelchair incident (which i don't think is EC - just a stupid airport worker, for whcih jet2 are still responsible) the delay was on the previous flight.
It would appear from comments by CAA that knock on delays whatever the initial cause are probably not ECs. Write back again, give 'em 14 days LBA then put in small claims paperwork.

northwest1965

Had a reply from Jet 2 today, apologising for late reply. They had a system error!
They have basically replied with this
..On investigation extraordinary circumstances led to the delay of your flight...moreover specifically the delay was caused by an unexpected flight safety shortcoming, consequently there is no compensation on this occasion."

Does anybody know exactly what is an "unexpected flight safety shortcoming"?