Flight delay and cancellation compensation, Jet2.com ONLY

Paulatfixby

It is taking 70 plus days for each reply from Jet2. They keep quoting a hydraulic system fault and fail to say where it was, was caused it etc. I wonder how many have been fobbed off with a hydraulic system fault. If there a good number, how can it be an extraordinary circumstance?

Anster18

Hi
The information provided on this forum has been great in helping me in pursuit of Jet2.
We were delayed 18 hours on a return flight and all along Jet2 have maintained,of course,that it was an EC.They eventually explained that it was caused by "contamination of its equipment cooling supply airflow sensor and as this occurred on push-back no compensation is due"
After several months correspondence with Jet2 they have at last admitted that the fault was on another aircraft returning to a different airport on the same day and they used "our"plane to take these passengers home leaving us to wait until the next day.They did put us up in a local hotel for the night.
They explain it by saying "However in order to minimise disruption across our flying programme we were required to reschedule flights on alternative aircraft and unfortunately this led to the delay of your flight"
Our delay was caused,therefore,by an operational decision made by Jet2 for their own convenience and as far as I can see is not an EC although they are still claiming it is.
I am now starting an MCOL and would appreciate any information or similar cases that would help if/when this goes to court.
Thanks

Vauban

Anster18 wrote: »

Hi
The information provided on this forum has been great in helping me in pursuit of Jet2.
We were delayed 18 hours on a return flight and all along Jet2 have maintained,of course,that it was an EC.They eventually explained that it was caused by "contamination of its equipment cooling supply airflow sensor and as this occurred on push-back no compensation is due"
After several months correspondence with Jet2 they have at last admitted that the fault was on another aircraft returning to a different airport on the same day and they used "our"plane to take these passengers home leaving us to wait until the next day.They did put us up in a local hotel for the night.
They explain it by saying "However in order to minimise disruption across our flying programme we were required to reschedule flights on alternative aircraft and unfortunately this led to the delay of your flight"
Our delay was caused,therefore,by an operational decision made by Jet2 for their own convenience and as far as I can see is not an EC although they are still claiming it is.
I am now starting an MCOL and would appreciate any information or similar cases that would help if/when this goes to court.
Thanks

Well done on the sleuthing. You have them banged to rights!

NoviceAngel

I have just spent the last 3 hours reading all this thread, just wish I had read it before starting my court case against Jet2 on MCOL.

So gutted for JPears!

I have made a few mistakes on the way but my case is slightly different to many others, the CAA would not investigate my complaint as they were not the member state flight agency, flight from Spain so in my case it was AESA (Agencia Estatal De Seguridad Aerea).

After receiving the 'fob off extraordinary circumstances' letter I referred the matter for AESA to investigate.

I received a letter from Jet2 saying that they would fully cooperate should AESA contact them. Well the final letter from AESA was interesting:

‘Upon expiry of the time limit stipulated by the Air Safety Stage Agency to receive such a report, no information has been delivered by the air carrier. Thereby, according to your claim and the documentation attached by you, this Agency considers that your flight was delayed and Jet2 alleged that the flight was delayed due to an unexpected technical fault.’

The letter then rambles on about legal regulations, mentioning C-549/07 Friederike Wallentin-Hermann/ Alitalia. Then sums up:

‘Taking into consideration all of the aforesaid, AESA considers that the reason for the delay invoked by the company, would not constitute extraordinary circumstances pursuant to Regulation (EC) No. 261/2004. Accordingly the air carrier should pay you compensation for the amount of €400 per passenger’

I wrote to Jet2 stating I was disappointed that they did not fully cooperate with AESA as previously stated to me. I then received another letter stating that they were fully cooperating with AESA about my case and that it was ongoing, funny how AESA ended there findings to me:

‘Bearing in mind the aforesaid, AESA considers this complaint fully closed.’

Jet2’s response made my blood boil so I went to MCOL. I spoke to the help line first, they suggested one claim, I made the booking, I was the lead name, I paid for the holiday, yes holiday with Jet2holidays, not just the flight but issued against Jet.com at the Low fare finder house address. I changed €800 into sterling on the day I issued proceedings using the details on xe.com and taking a screen shot of the conversion used. I didn’t bother with interest, just found that a bit messy to do, MCOL issued a few days ago so now await the next step which from reading the last 35 pages on here will be a defence filed at the last minute.

A couple of questions then if anyone could advise?

Q I have issued as a single claimant, is this likely to cause an issue going forward? I think JPears issued in the same way?!? Was this challenged in Court - I don't see you mention this point again in your posts so I guess it wasn't really an issue? I feel a case could equally be put both ways.

Q I wrongly converted the Euros to Sterling on the day I issued proceedings, would a DJ just accept my ignorance of the correct procedure/calculations and amend this should I be successful? For forumites reading, I now realise I should have used the exchange rate at the time of the delayed flight.

Ready for the next stage, good luck to me, think I will need it…….

Cheers

NoviceAngel

davey16969

I wrote to Jet2 requesting compensation foe a delayed flight from Tenerife to Gatwick. After several requests I was told many times that no compensation was due as " Exceptional Circumstances ".
The exceptional circumstances were a technical fault with the aircraft. I have ended up with taking them to the small claims court, and they're still contesting on the grounds of technical fault. I am now awaiting a court date.

debandsie

Can anyone tell me if a birdstrike constitues an EC.
our flight was delayed due to the atc strike in france , but was furthermore delayed because on way to pick us up it had a birdstrike . We then had to wait whilst an engineer was flown in from a different airport to inspect the plane.
Total delay was 5 hours.
I have written to Jet2 but just had the standard EC fob off letter back.
Any help most welcome, Thanks.

shoshana1

I have 2 cases of flight delays with Jet2. Now referred to CAA
flight dates
25 October 2012 - extraordinary circumstances
14 April 2013 - extraordinary circumstances
I have phoned CAA several times for updates but they say they are still waiting.

I have one other case of flight delay with Jet2
26 November 2012 Rome to Manchester - again this was due to extraordinary circumstances
I was advised to email cartadiritti@enac.gov.it.
Hearing nothing from them I eventually wrote to
Comunicazione Istituzionale, Ufficio comunicazione@enac.gov.it
they wrote back a standard letter advising of my rights but no help. I have now emailed aero.fiumicino@enac.gov.it

I have sent copies of my letter to Jet2 and their response.
Has any one else had to deal with a European Body?
any advise would be welcome

Jackie

Vauban

shoshana1 wrote: »

I have 2 cases of flight delays with Jet2. Now referred to CAA
flight dates
25 October 2012 - extraordinary circumstances
14 April 2013 - extraordinary circumstances
I have phoned CAA several times for updates but they say they are still waiting.

I have one other case of flight delay with Jet2
26 November 2012 Rome to Manchester - again this was due to extraordinary circumstances
I was advised to email cartadiritti@enac.gov.it.
Hearing nothing from them I eventually wrote to
Comunicazione Istituzionale, Ufficio comunicazione@enac.gov.it
they wrote back a standard letter advising of my rights but no help. I have now emailed aero.fiumicino@enac.gov.it

I have sent copies of my letter to Jet2 and their response.
Has any one else had to deal with a European Body?
any advise would be welcome

Jackie

Neither the CAA nor the other NEBs are likely to be much help. The only way you will get your money is to take Jet2 to court.

Vauban

debandsie wrote: »

Can anyone tell me if a birdstrike constitues an EC.
our flight was delayed due to the atc strike in france , but was furthermore delayed because on way to pick us up it had a birdstrike . We then had to wait whilst an engineer was flown in from a different airport to inspect the plane.
Total delay was 5 hours.
I have written to Jet2 but just had the standard EC fob off letter back.
Any help most welcome, Thanks.

Have a search on the forum for "birdstrike". Opinion is divided. You will have more of a problem persuading a judge, in my view, than if it were a more conventional technical failure.

NoviceAngel

shoshana1 wrote: »

Has any one else had to deal with a European Body?
any advise would be welcome

Jackie

Hi Jackie,

I had a quick look and you are right to contact ENAC, as they are the National aviation authority in Italy.

My flight was from Spain and I can't thank the AESA (Spain's CAA) enough, they were more than helpful.

I did think writing to AESA from the UK was a pointless exercise but they investigated Jet2 and said that they should pay €400 per passenger in compensation. Of course Jet2 disagreed so I've issued proceedings with MCOL.

It seems forumites are having difficulty with the CAA, so I guess it's up to the 'local' Aviation authority if they want to investigate. Keep persavering - although I've noticed many have gone to MCOL without a report from the authorities so it's not an absolute requirement from what I can see.

You can also give the UK European consumer centre a phone call http://www.ukecc.net/popular/Air-Travel.cfm

Phone: 08456 04 05 03

Email : [EMAIL="ecc@tsi.org.uk"]ecc@tsi.org.uk[/EMAIL]
Fax : 08456 08 96 00

they were fantastic with pointing me in the right direction.

Cheers

NoviceAngel