Flight delay and cancellation compensation, Jet2.com ONLY

AUDLEY_RESIDENT

Hi, I have the same issue with Jet2. Delayed over 5 hours. Flight back to Manchester from Malaga was changed to East Midlands and a bus up to Manchester. Letter back from them says 'EXTRAORDINARY CIRCUMSTANCES CAUSED BY AN UNEXPECTED FLIGHT SAFETY SHORTCOMING'. Should I just reply back to them to say that the explanation was not detailed and therefore I will need a detailed account and then if this is not within the guidelines outlined under Regulation 261/2004, I will then take them to court. Has anyone else pursued this course?

NoviceAngel

AUDLEY_RESIDENT wrote: »

I will then take them to court. Has anyone else pursued this course?

Hi Audley Resident,

If you read from page 1 on this thread, you will see quite a few Jet2 customers are and have taken Jet2 to court with quite mixed results.

Regards,

NoviceAngel

fedup2007

There is another flight - same days almost the same time but from Manchester rather than Leeds. And its more expensive/will cost us more to get to.

Jet2 refused to just swap us over - they will refund me and then I will have to re-book at extra cost to myself. Not good is it.

Bogoff

I have received a reply from Jet2 which reads as follows; " I have noted your claim for compensation under regulation EC261/2004 due to the fact that the delay was more than 3 hours in length. I must however advise that, as you are claiming for a delay that occurred more than 2 years ago, we are unable to consider your claim. All claims of this nature must be made no later than 2 years for the date of the incident according to English Law."

Is there any grain of truth in this? should I correct them as to the current regulations? What in particular should I quote to back up my claim as they don't seem to recognise the EC261/2004 regulation and its current statue.

I live in N Ireland and I see this requires me to complain to the Consumer Council if I cant get any joy from Jet2.

Any suggestions?

JPears

Bogoff wrote: »

I have received a reply from Jet2 which reads as follows; " I have noted your claim for compensation under regulation EC261/2004 due to the fact that the delay was more than 3 hours in length. I must however advise that, as you are claiming for a delay that occurred more than 2 years ago, we are unable to consider your claim. All claims of this nature must be made no later than 2 years for the date of the incident according to English Law."

Is there any grain of truth in this? should I correct them as to the current regulations? What in particular should I quote to back up my claim as they don't seem to recognise the EC261/2004 regulation and its current statue.

I live in N Ireland and I see this requires me to complain to the Consumer Council if I cant get any joy from Jet2.

Any suggestions?

Erm for starters - read the thread, noting post 763 towards the top of the page? Read the FAQ? Search forum for 2 year "rule".

Goniners

richardw wrote: »

Nope, DO NOT DO THIS.

You only use MCOL if you are just a claimant in the singular.

I cannot quote your link as I am new to this forum!

The airlines and lawyers know this procedural error and exploit it.

I followed the link on #111, but all I found was a way to find my nearest court. Could someone give me another link, please?
Thanks.

scoobslayer

After three attempts to get some detail as to why our Jet 2 flight (August 2012) was delayed for 6 hours, they are now blaming a sub-chartered air line which is now out of business - so they are claiming Extraord Circ - Would I be best advised to take this now to a small claims court as surely this is not EC - Jet 2 should surely compensate us in this instance - shouldn't they?? Any comments here would be appreciated.

Their latest letter goes:

Thank you very much for your further letter received on 7 August 2013. I was sorry to read that you remain dissatisfied with our response, and I have taken the opportunity to review your file.
I appreciate that you would like to know more about the cause of the delay to your flight. Jet2.com sub-chartered an aircraft from Strategic Airlines to operate your flight. On the day of the flight, Strategic made an operational decision to take the aircraft back in order to recover their own flight programme. This decision was made by them in spite of their contractual obligations to Jet2.com. As Strategic Airlines are no longer in operation, I am unable to provide any more information as to why they made this decision. However, the decision was completely outside the actual control of Jet2.com, and was an extraordinary circumstance which we could not have anticipated or prevented, even though all reasonable measures were taken to do so. Every effort was made to locate an alternative aircraft to operate your flight, but unfortunately this proved to be impossible in the height of the holiday season, and it was necessary to wait for the Strategic Airlines aircraft to become available to operate your flight. I do fully appreciate the inconvenience and frustration caused by the delay, and please accept my sincere apologies in this regard.

Please advise if anyone can help with this case. :beer:

JPears

scoobslayer wrote: »

After three attempts to get some detail as to why our Jet 2 flight (August 2012) was delayed for 6 hours, they are now blaming a sub-chartered air line which is now out of business - so they are claiming Extraord Circ - Would I be best advised to take this now to a small claims court as surely this is not EC - Jet 2 should surely compensate us in this instance - shouldn't they?? Any comments here would be appreciated.

Their latest letter goes:

Thank you very much for your further letter received on 7 August 2013. I was sorry to read that you remain dissatisfied with our response, and I have taken the opportunity to review your file.
I appreciate that you would like to know more about the cause of the delay to your flight. Jet2.com sub-chartered an aircraft from Strategic Airlines to operate your flight. On the day of the flight, Strategic made an operational decision to take the aircraft back in order to recover their own flight programme. This decision was made by them in spite of their contractual obligations to Jet2.com. As Strategic Airlines are no longer in operation, I am unable to provide any more information as to why they made this decision. However, the decision was completely outside the actual control of Jet2.com, and was an extraordinary circumstance which we could not have anticipated or prevented, even though all reasonable measures were taken to do so. Every effort was made to locate an alternative aircraft to operate your flight, but unfortunately this proved to be impossible in the height of the holiday season, and it was necessary to wait for the Strategic Airlines aircraft to become available to operate your flight. I do fully appreciate the inconvenience and frustration caused by the delay, and please accept my sincere apologies in this regard.

Please advise if anyone can help with this case. :beer:

My own thoughts are that Jet2 are still ultimately or at the very least vicariously liable for any delay. It was their operational decision to subcontract out. Your contract was with Jet2, not the defunct airline.

kimberleyallen

I wrote to Jet2 to claim compensation for 2 flights.

The first claim was for a Blackpool to Malaga flight which was due to arrive at 20:55 and didn't arrive until 05:17am. This was due to the ash cloud in 2010 and I chose not to travel on it as everyone had to travel by bus to Newcastle where they had to wait a further 5 hours or so. I had a severe back problem at the time and it was impossible for me to make such a journey.

I had various communications from Jet2 where they said the claim had to be within 2 years but in the end they did refund me the cost of my Blackpool flight 'as a gesture of good will'. I was quite pleased with that as I thought the ash cloud would have fallen under the extraordinary circumstances clause.

I accepted that refund and then wrote to them again with the standard letter provided on here for compensation with regard to the second claim where a flight from Manchester to Malaga in 2012 was delayed by 7 hours due to a problem with the plane and so they had to fly in another plane for us. I didn't ask for compensation for the first claim but nevertheless this is the response I have had from them:


"If I may clarify the first claim, Flight LS761, 16th May 2010 was responded to on letter reference Jet2/080580. Whilst I appreciate your further comments regarding the time limits for which claims must be brought, Regulation (EC) 261/2004 (the "Regulation") does not provide any rules concerning the time limits within which proceedings must be issued. However, the European Court of Justice (the "ECJ") has ruled that the time limit for bringing a claim is to be determined by reference to the national law of the jurisdiction in which a claim is brought. The time limit within which actions must be brought in England in relation to alleged liability of an air carrier, is well established in case law. The House of Lords (as it then was) has confirmed, since 1997, that any right to damages shall be extinguished if an action is not brought within two years. In any event, the delay was the result of extraordinary circumstances and as such, no compensation is payable on this occasion.

The second claim, Flight LS809, 26th March 2012 is within the two year period and if I can confirm this was not the reason we were unable to pay compensation. As detailed in our response, letter reference Jet2/080581, the flight was delayed due to extraordinary circumstances and as a result compensation is not payable under EU Regulation 261/2004.

Flight LS809, 26th March 2012 is within the two year period and if I can confirm this was not the reason we were unable to pay compensation. As detailed in our response, letter reference Jet2/080581, the flight was delayed due to extraordinary circumstances and as a result compensation is not payable under EU Regulation 261/2004."

I have read on here that I should ask them to clarify what the extraordinary circumstance was. Seems to me that is an easy cop out.

Is it worth pursuing this further and if so has anyone on here got any suggestions as to the content of that letter?

Any advice greatly appreciated

Vauban

kimberleyallen wrote: »

Any advice greatly appreciated

As per the FAQs on page one, write a NBA letter then start a claim. There are templates in the FAQs. Extract below.

"After denial of your claim, issue 14 days notice of Court Action:

Centipede100 Template letter This is the 'Notice Before Action' letter (NBA or LBA)

Explanation of the legal process of NBA, 14 days notice before court claim."