Flight delay and cancellation compensation, Jet2.com ONLY

goodfella789

Would someone be kind enough to have a go at answering some of the questions in my post from last week. Thanks.

goodfella789 wrote: »

I too have received the standard letter regarding safety shortcomings.
They incorrectly (and typically it seems) only mentioned one of my flights on their letter (i am claiming for both the out and return flights in the same booking as both were delayed).
In my last letter i mentioned i reserved the right to proceed with legal action without prior notice if i didn't get a reply within 14 days.
Seeing as they did reply in that time frame i feel the next step is to contact them, requesting evidence in the form of the letter posted on here a few posts back with all the legal jargon.
Please could someone answer this: am i right in thinking that delays caused by a knock-on effect from an earlier flight cannot be deemed as an extraordinary circumstance on your own flight, as the problem has to be with the plane you are actually on?
The reason i ask this is when we flew to Barcelona on 24th May 2012 we were 4 hrs late, so the people waiting for that plane were 4 hrs late getting back to Manchester. Guess what - the very next week on the same day our plane arrives 4hrs late - it came from Manchester! Totally stinks of schedule shuffling to me as a method of cost-cutting. Should i mention this in my next letter when requesting evidence of the safety shortcoming?
Unfortunately, i do not have the letter given to me by Jet2 at the airport on the day of the delay stating what the problem was. If anyone has this from the Barcelona / Manchester flights on 24 / 31 May 2012 please let me know. I feel this may contradict the explanation they are now giving me.

Mark2spark

Goodfella, you'll have to read through the FAQ's to get all of the info, but EC's only apply to your flight.

Centipede has previously posted the below, which is on the same lines as your query:

Airlines may only use 'weather' as an extraordinary circumstance reason if it directly affected your flight, since the Regulation states as follows:

(14) As under the Montreal Convention, obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Such circumstances may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier.

Bryster007

I also have received a letter stating that the 'delay was caused by an unexpected flight safety shortcoming' I have read the previous posts and I feel that they are stalling on making any kind of decision.

Shame we don't have a class action system in the uk.....however as more of us take Jet2 to court at great cost to them.

Not sure wether to go straight to the NBA route or via CAA, I'm thinking CAA first. That way when I get to court I have exhausted all avenues before meeting before the judge.

Bryster007

By the way all that Jet2 had stated the issue was in previous correspondence was 'operational fault', no mention of safety????

JPears

Entered for judgement by default on MCOL.
Jet 2 have had over 28 days to respond and have failed to do so even 24 hours after deadline. Presumably if they sneak defense in, it won't go in their favour in front of Judge?

jakkigers

They must have gone through some trees to send out all these "unexpected flight safety shortcoming" letters!!

I am in correspondence with them after having my claim for compensation knocked back twice. They are quoting "unexpected flight safety shortcoming" - my argument is that although the original delay was due to the plane going tech, the plane actually landed in Bodrum a good 12 hours before we flew back to Manchester on it. The further delay was caused by the fact that when they landed, the crew were then out of hours - which Jet2 would have known when they sent the crew out.

Jak xx

JPears

At least you peeps all actually got a response....:)

jacksma

venus1978 wrote: »

Hi Thanks, I thought that might be the case. I do have a credit card statement that proves I paid jet2 for flights and a second payment to them by debit card for the extra £10 flight tax that was added later in 2007..... but no booking ref, I could kick myself !!

Just try logging in to jet2.com. We did this and found our old bookings sitting there. Don't remember ever setting up an account with them - so maybe you did the same?

JPears

Jet2
Well the sly dogs have put in a defense at the very last moment.
Firstly they are trying to brush aside the joint claim for my daughter who was under 16 at the time of the original claim. Because I didn't include her in the claimant's details, however all of her details were included inh the particulars of claim.
Not sure how the judge will view this.
They have gone into a GREAT amount of details about the actual fault on the plane affecting the FLIGHT BEFORE, not our flight. "Knock on" delay is not EC as far as I am aware?
Apparently it was due to a faulty circuit breaker, so they hadn't serviced the aircraft ot tested it correctly since it was operating with a faulty circuit breaker - the circuit breaker performed its saftey function but was faulty becausee it did not correctly show it had tripped, if that makes sense.
Also some rubbish about them not being able to find another plane with the correct rating to replace it. Chambery airport is partly enclosed by mountains. As far as I am aware, at the time, all of Jet2 737-300 were very similar specs.
They have also had a dig that I commenced proceedings without allowing jet2 to respond. Untrue. I originally made a claim almost 2 years ago to the day. They responded denying liabilty. I replied that the matter was not closed and would be reopened pending any decision in the courts.
I reopened the claim on 8th November 2012. Whilst Jet2 did respond several times all they did was repeeratedly request information which had already been given to them on 8th November. I did not commence proceedings until a full 2 months after my first letter. Sorry Jet2, big fail there.
Anybody who is able to help in preparing particulars, i would be most grateful. I have Which? legal service but to be frank its next to useless as they will only communicate over the telephone!
I have done some reading around the court procedures and the courts do seem keen on the two parties still trying to resolve the issue befoir any hearing. Does anybody have any experience or advice on this? Should I communicate directly with jet2's solicitors to try to resolve the problem?
Should I be giving this much information away on a public forum? It will have to be in any submissions anyway?
In the meantime should I issue a second claim for my daughter?
Help much appreciated

DrA_Harrogate

Good afternoon all

Like others, I was delayed, with 4 other family members, on a Jet2 flight from Corfu to Leeds. Due to 'technical problems' an outbound flight from LBA could not depart on time and passengers were bussed to East Midlands. Their late arrival meant we were 4 hours late taking off. However, we returend to East Midlands, pushing the delay time back to LBA by coach past the time limit.

I have submitted a claim, jumped through Jet2's hoops, and received the expected letter quoting "extraordinary circumstances". I copied this to CAA and no reply so far.

My thinking is that a technical failure probably is a 'circumstance' BUT the return to East Midlands (as oppoesed to Leeds) was merely to have the aircraft in the right place i.e. Jet2's convenience.

The question is, at what point to fire off a summons???

All informed comment gratefully received!