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Flight delay and cancellation compensation, Jet2.com ONLY

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  • JPears
    JPears Posts: 5,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 22 May 2013 at 11:51PM
    So it looks like Monarch are caving but Jet2 playing hardball right up to the line. I do not expect to be getting an offer from Jet2 via Bird & Bird, but remain optimistic.. :)
    Strange how Jet2 use a London based legal firm when Jet2 are Leeds based, and court will be Leeds CC. And they would know thats the one I would choose as I live 10 mins from Jet2 front door :)
    Quote from Bird & Bird website - "Airlines will still be entitled to seek to rely on the so called ‘extraordinary circumstances’ defence. However, the extent to which this, very limited, defence will be available to airlines is yet to be fully tested."
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • derek99b
    derek99b Posts: 21 Forumite
    JPears wrote: »
    So it looks like Monarch are caving but Jet2 playing hardball right up to the line. I do not expect to be getting an offer from Jet2 via Bird & Bird, but remain optimistic.. :)
    Strange how Jet2 use a London based legal firm when Jet2 are Leeds based, and court will be Leeds CC. And they would know thats the one I would choose as I live 10 mins from Jet2 front door :)
    Quote from Bird & Bird website - "Airlines will still be entitled to seek to rely on the so called ‘extraordinary circumstances’ defence. However, the extent to which this, very limited, defence will be available to airlines is yet to be fully tested."

    Is the CC hearing open to the public?
    If so, please can you let us know the Date/Time of hearing.
  • derek99b
    derek99b Posts: 21 Forumite
    This could be a long essay.....
    Every component used in an aircraft is certified, one element is a declaration about the "Mean Time to Failure" ( that term has a specific statistical definition) .
    Ask for that sort of info on the failed component.The aircraft I flew in was over 23 years old, about 200,000 hours. They should be (statistically) expecting failures of any components with a MTTF less that 400,000 hrs.
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    JPears wrote: »
    So it looks like Monarch are caving but Jet2 playing hardball right up to the line. I do not expect to be getting an offer from Jet2 via Bird & Bird, but remain optimistic.. :)
    Strange how Jet2 use a London based legal firm when Jet2 are Leeds based, and court will be Leeds CC. And they would know thats the one I would choose as I live 10 mins from Jet2 front door :)
    Quote from Bird & Bird website - "Airlines will still be entitled to seek to rely on the so called ‘extraordinary circumstances’ defence. However, the extent to which this, very limited, defence will be available to airlines is yet to be fully tested."

    Quite. I stumbled upon another article on their website, which is here: http://www.twobirds.com/English/News/Articles/Pages/Denied_boarding_regulations.Aspx

    Interestingly - and perhaps ironically, given their new role - this article from 2009 concludes (in relation to the Wallentin judgement) that:

    "The Court is effectively saying that an aircraft “going tech” is not an unusual occurrence for airlines and, on that basis, such events cannot amount to “extraordinary circumstances”. While it did not say that a technical problem can never be an “extraordinary circumstance”, the likely effect of the decision is that it will be much more difficult for airlines to escape paying compensation under the Regulations where flights are cancelled due to technical problems. To that extent, the decision is very much a victory for passengers."
  • Barnesy967
    Barnesy967 Posts: 5 Forumite
    Seventh Anniversary Combo Breaker
    They lost a flight in the system
    i.e. the day before an aircraft developed a fault which then created a domino effect in the system creating subsequent delays.
    No 'Bermuda Triangle' - smart !!!!
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    Barnesy967 wrote: »
    They lost a flight in the system
    i.e. the day before an aircraft developed a fault which then created a domino effect in the system creating subsequent delays.
    No 'Bermuda Triangle' - smart !!!!

    Then that is an operational failure, caused by a technical one. And neither is an extraordinary circumstance.
  • derek99b
    derek99b Posts: 21 Forumite
    I've spotted that Jet2's parent company is very profitable.
    Share have gone from 66p in May 2012 to 190p May 2013.
    Triple money for someone!!!
    Also from their Annual Report :-
    Group profit before tax was £57.0m, an increase of 37% on the previous half year.
    I think they could treat the cattle a bit better.
    See Dart Group website for more info
  • JPears
    JPears Posts: 5,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    derek99b wrote: »
    Is the CC hearing open to the public?
    If so, please can you let us know the Date/Time of hearing.
    I don't know, it doesn't say on the Court papers. Derek, have pm'd you
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • I have been in correspondence with Jet 2 following a 9 hour delay on a flight from Barcelona to Leeds Bradford airport in March 2013.
    they have replied stating that 'extraordinary circumstances led to the delay ... that compensation is excluded under regulation 261/2004... More specifically, the delay was caused by an unexpected flight safety shortcoming .. consequently no entitlement to compensation'.

    Is there anything I can do?
  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    acertree wrote: »

    Is there anything I can do?

    YES - either you take them to Court after writing NBA for 100% compensation or you appoint no win no fee firm to achieve around 70% entitlement or you walk away. :)
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