Flight delay and cancellation compensation, Jet2.com ONLY

curlylox

Hi there

Is there a separate forum for people who wish to go down this route? Or can anyone suggest a company? There are so many when you do a search. Many thanks.

NoviceAngel

JPears wrote: »

The amount of times a third party has damaged an aircraft with ladders/truck etc has been reported many times on this forum over a relatively short period of time. Clearly it is an inherent part of an airline's activities, either that or airlines are perhaps using it as an easy excuse to blame someone else and assume that automatically implies an EC.

Do you think he/she has a winnable case then JPears? If 'we' are struggling for success with 'technical faults' I would have thought the chances of success would be less with accidental physical damage to a plane, even if it's commonplace.

CobyBenson

The Court has already held that:-

"Taking part in aviation entails the risk of accidents, and therefore, the collision with a passenger stair was not to be seen as an extraordinary circumstance within the meaning of EC Regulation 261/2004."

This was decided in the Subdistrict Court Haarlem, The Netherlands on 6th May 2009 - Case Ref CV Expl. 08-10902 and has been confirmed several times since.

If you PM me your details I'll happily send you some documents you can use in your case.

You're absolutely right about the airline being able to claim back from the party at fault.

No, you wouldn't be able to claim off the company that caused the damage.

NoviceAngel

CobyBenson wrote: »

The Court has already held that:-

"Taking part in aviation entails the risk of accidents, and therefore, the collision with a passenger stair was not to be seen as an extraordinary circumstance within the meaning of EC Regulation 261/2004."

This was decided in the Subdistrict Court Haarlem, The Netherlands on 6th May 2009 - Case Ref CV Expl. 08-10902 and has been confirmed several times since.

Thanks for the correction, I obviously wasn't aware of that, go for it then Dday1.

mrs_stressed_2

Hi looking for some advice. Would a cracked windscreen be classed as extraordinary circumstances?

Vauban

mrs_stressed wrote: »

Hi looking for some advice. Would a cracked windscreen be classed as extraordinary circumstances?

Well it all depends upon how it cracked ... The formal legal position is that the circumstances surrounding a technical failure like this can only be described as extraordinary if they are not inherent in the normal operation of the airline and beyond its control.

mrs_stressed_2

The plane itself only went into service with jet 2 the day before we flew (although it was 19 years old. It cracked an hour into the flight which we weren't informed about til much later in the day. We needed to make an emergency landing at Paris, then wait a long time for staff to inform us what was happening then wait again for 2 more planes to get flown in from lbia.

Vauban

Hmm, still depends on why it cracked - arguably.

How long were you delayed before you arrived at your final destination?

mrs_stressed_2

Flight took off at 08.45 due to land at 12.15. We finally arrived at Alicante at around 9pm that evening. We were given no reason why windscreen cracked.

scoobslayer

JPears wrote: »

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.

Thanks for your comments JPears - I am of the same opinion and have written back to them to AGAIN reconsider my claim. If they are still refusing should I issue court proceedings or get a no win no fee company to take over? What would you do? (Obviously I won't blame you if I am unsuccessful!!).