Flight delay and cancellation compensation, Jet2.com ONLY

joebloggs100

We are currently claiming from jet2 for a delay of approx 24hrs due technical problem, ie defective brakes. Delayed flight date 1 june 2010. We recently got a reply saying they are unable to consider the claim. Their reasoning "all claims of this nature must be made no later than 2years from the date of the incident occurring according to english law" We assume they are just trying to fob us off, but does anyone know if this rule/law is actually true. Any help or advice would be much appreciated. Thanks

111KAB

joebloggs100 wrote: »

We are currently claiming from jet2 for a delay of approx 24hrs due technical problem, ie defective brakes. Delayed flight date 1 june 2010. We recently got a reply saying they are unable to consider the claim. Their reasoning "all claims of this nature must be made no later than 2years from the date of the incident occurring according to english law" We assume they are just trying to fob us off, but does anyone know if this rule/law is actually true. Any help or advice would be much appreciated. Thanks

Total rubbish and shame on Jet2 - read various posts particularly on Thomson thread.

NoviceAngel

NoviceAngel wrote: »

So I have to decide to either give up or fight on in Court.

THE FIGHT CONTINUES......... Thanks to the support on this forum, I have returned the paperwork today and requested the matter be transferred to my local County Court.

also requested Mediation with Jet2, see what Bird and Bird come back with.

Kind regards,

NoviceAngel

JPears

This statement by Jet2 would appear to be incorrect - see recent case where claimant won and Judge was clear that Montral Convention did not apply. To be sure and avoid any confusion in any legal action you might consider, put in the NBA letter the useful paragraphs shown in the Thomson thread, written by Blondmark.

DrA_Harrogate

Good afternoon all

We now have a Court Date - Oct 30. I have corresponded at length with the charming lawyer at Bird & Bird (must be costing Jet2 a fortune) and their defence is, of course, extraordinary circs cos something broke. Also locus standi.

I have spent hours researching the legal background and I recommend anyone else do the same. Nearly all the stuff you need is on the subforum front page in links, but also drift around the internet. For instance, Magna Carta plays a part. I think I have an unanswerable case, but what do I know?

I shan't say much as I imagine the 'opposition' keep an eye on this forum. One mistake I think I have made is to suggest that 2 Birds and I swap paperwork electronically - this means they will have it. If I had parcelled it up and sent it to Yeadon Airport Jet2 would lose it. Ah well never mind.

JPears

DrA_Harrogate wrote: »

Good afternoon all

We now have a Court Date - Oct 30. I have corresponded at length with the charming lawyer at Bird & Bird (must be costing Jet2 a fortune) and their defence is, of course, extraordinary circs cos something broke. Also locus standi.

I have spent hours researching the legal background and I recommend anyone else do the same. Nearly all the stuff you need is on the subforum front page in links, but also drift around the internet. For instance, Magna Carta plays a part. I think I have an unanswerable case, but what do I know?

I shan't say much as I imagine the 'opposition' keep an eye on this forum. One mistake I think I have made is to suggest that 2 Birds and I swap paperwork electronically - this means they will have it. If I had parcelled it up and sent it to Yeadon Airport Jet2 would lose it. Ah well never mind.

Magna Carta!? Intrigued.
It might be lost, or it could be considerably delayed

NoviceAngel

JPears wrote: »

Magna Carta!? Intrigued.
It might be lost, or it could be considerably delayed

Considerably delayed due to extraordinary circumstances

Sorry couldn't resist

deanh1

Received a reply from Jet2 today following my request for details of the technical fault that fell under EC. This is their reply (apologies for the lengthy version)

'I understand from your letter that you are requesting further information regarding the circumstances of your flight delay. Please be assured we have investigated your claim thoroughly on an individual basis and i can confirm your delay was caused by a leaking Portable Water Valve which was an extraordinary circumstance which could not have been foreseen, and which was beyond Jet2.coms actual control. Despite taking all reasonable measures to avoid the delay, Jet2.com was unable to do so. Under Regulation EU 261/2004, airlines are not liable to pay compensation if the delay was the result of extraordinary circumstances. Please allow me to re-iterate my apologies for any inconvenience the delay caused and assure all reasonable steps were taken to ensure your flight departed on time.

We believe our conclusion is fortified by a recent publication by a working group of the National Enforcement Bodies which are responsible for the enforcement of Regulation EC 261/2004, of a non-exhaustive list of matters that they consider to be extraordinary circumstances.

Paragraph 26 of the List confirms that the NEB's consider "Any other technical defects which become apparent immediately prior to departure or in-flight (where the system or part had been maintained in accordance with the required maintenance programme) and which require investigation and/or repair before the aircraft is airworthy for the intended flight" constitute extraordinary circumstances.

As we have explained, the delay to your flight was caused by a leaking Portable Water Valve. We believe that in accordance with paragraph 26 of the NEB list, your delay was caused by extraordinary circumstances. We also firmly believe, that as in over 90% of claims that have reached trial to date, the Court will agree that Jet2.com could not have avoided the delay, even if all reasonable measures were taken. We can therefore only maintain that our previous response was correct and as your delay was the result of extraordinary circumstances no compensation is payable on this occasion.'

!!!!!!!

I cant find any explanation as to what reasonable measure were taken to prevent or reduce the delay (such as standby plane, or spare part stored at MAN)

Where do i go from here????

Ken140

I have tried to make a claim from Jet2 ref: LS174 Faro to Glasgow 110813. I was handed a drafted letter whilst booking in advising me of the delay, identifying the reason as 'an operational problem with the aircraft due to operate your flight'. The scheduled departure time was 19:55 hours and we eventually took off (albeit according to my wristwatch - max 2-3 mins +/- real time) at 23:15 hours. I make that 3 hours 20 mins (give or take). They eventually replied stating it was only a 2 hours 36 mins delay and the claim cannot be honoured. What would be my next port of call? And, are there any other claimants out there for that particular flight?

JPears

deanh1 wrote: »

Received a reply from Jet2 today following my request for details of the technical fault that fell under EC. This is their reply (apologies for the lengthy version)

'I understand from your letter that you are requesting further information regarding the circumstances of your flight delay. Please be assured we have investigated your claim thoroughly on an individual basis and i can confirm your delay was caused by a leaking Portable Water Valve which was an extraordinary circumstance which could not have been foreseen, and which was beyond Jet2.coms actual control. Despite taking all reasonable measures to avoid the delay, Jet2.com was unable to do so. Under Regulation EU 261/2004, airlines are not liable to pay compensation if the delay was the result of extraordinary circumstances. Please allow me to re-iterate my apologies for any inconvenience the delay caused and assure all reasonable steps were taken to ensure your flight departed on time.

We believe our conclusion is fortified by a recent publication by a working group of the National Enforcement Bodies which are responsible for the enforcement of Regulation EC 261/2004, of a non-exhaustive list of matters that they consider to be extraordinary circumstances.

Paragraph 26 of the List confirms that the NEB's consider "Any other technical defects which become apparent immediately prior to departure or in-flight (where the system or part had been maintained in accordance with the required maintenance programme) and which require investigation and/or repair before the aircraft is airworthy for the intended flight" constitute extraordinary circumstances.

As we have explained, the delay to your flight was caused by a leaking Portable Water Valve. We believe that in accordance with paragraph 26 of the NEB list, your delay was caused by extraordinary circumstances. We also firmly believe, that as in over 90% of claims that have reached trial to date, the Court will agree that Jet2.com could not have avoided the delay, even if all reasonable measures were taken. We can therefore only maintain that our previous response was correct and as your delay was the result of extraordinary circumstances no compensation is payable on this occasion.'

!!!!!!!

I cant find any explanation as to what reasonable measure were taken to prevent or reduce the delay (such as standby plane, or spare part stored at MAN)

Where do i go from here????

Paragraph 1 is their interpretation of an EC. Technical problems are an inherent part of running and airline and therefore, aircraft.
Ignore paragraph 2.. this is a wish list from the NEBs, merely proposals for discussion. It has not been accepted or ratified or agreed on by the EC, is not binding or law and contradicts the current Reg 261/2004 and amended proposals to Reg 261/2004 which have been drafted by the EC.
And so paragraph 3 becomes irrelevant.
Paragraph 4 - ask for a list all the cases that have been won or lost by jet2 with respect to a leaking portable water valve? Every case is different, none of these cases set any precedent for your case.
As you say, where is the proof of measures taken, up to intolerable sacrifice to minimise your delay?
How long was your delay?