Flight delay and cancellation compensation, Jet2.com ONLY

blondmark

DrA_Harrogate wrote: »

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!

Well the European courts say a technical failure generally is not an extraordinary circumstance due to the technical complexity of modern aircraft. They also say the knock-on effect of previous extraordinary circumstances does not mean that your flight was delayed by extraordinary circumstances. Case C-22/11 Finnair Oyj v Timy Lassooy.

Give them 14 days to agree your compensation then issue proceedings.

DrA_Harrogate

Thank you your helpful reply. This was what I had tentatively included.

I looked up More -v- KLM and that seemed to focus on the period of time allowed before claining - unless I missed something which is always a possibility!

I intend to write to Jet2 rejecting the 'extraordinary cirumstances', invite them to reply, and saying that failure will result in proceedings.

.. and thank you again!

blondmark

DrA_Harrogate wrote: »

Thank you your helpful reply. This was what I had tentatively included.

I looked up More -v- KLM and that seemed to focus on the period of time allowed before claining - unless I missed something which is always a possibility!

I intend to write to Jet2 rejecting the 'extraordinary cirumstances', invite them to reply, and saying that failure will result in proceedings.

.. and thank you again!

Sorry yes the authority for the proposition that knock-on ECs don't count is Case C-22/11 Finnair Oyj v Timy Lassooy.

DrA_Harrogate

Ah yes that seems to be the fellow! Feeling more optimistic now!

richardw

JPears wrote: »

...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....

Some Judges may request a preliminary hearing to tidy this up.
If MCOL doesn't allow space for all claimants in the claimant box, then don't use it.

Minkyoo1

Advice needed on delayed flight jet2.com

Hi, after some advice please. Jet2.com are refusing to compensate me for extra costs I incurred due to a late departure of there flight from manchester to split, croatia. Flight was delayed by one hour and then we set off, mid flight they announced tech difficulties and turned the flight back and landed at leeds, we then got another plane. We should have landed at 7.30pm but landed just after midnight meaning I had to pay £25 for late car hire collection and £60 for late apartment arrival. 5 letters to jet2 and lots of reply letters saying we aim to respond in 38
days, only one actual letter saying they apologise but will not be covering the incurred costs due to the techinical difficulties they faced and stated they are just a point to point airline. I have written back again but have since seen the newspaper articles re compensation, seen as this has been going on since sept 2012 and they have been so poor in getting back to me should I write asking for the 5 hours delayed over 1500 km £320 is this per person? The total flight cost for my husband, my 2 year old and myself was £450.
Looking forward to some advice.........its more the principal of the very poor customer service now.....if you try and speak to jet2 customer services on there 90p per minute phone number they just say that customer services dont have phone lines and you must email or write and all letters take well over a month to get a response.

richardw

Minkyoo1, Do you have access to legal expenses through an insurance policy or premium bank account?

JPears

richardw wrote: »

Some Judges may request a preliminary hearing to tidy this up.
If MCOL doesn't allow space for all claimants in the claimant box, then don't use it.

Indeed, MCOL does not allow more than one claimant in the relevant box, so the only place to put it is in the particulars.
Jet2 did not write separately to my daughter requesting information.
The booking was as a group, not individuals and paid for as a group.
My daughter was under 16 at the time so I suspect she could not have issued a claim anyway?
Interestingly the MCOL website says the defence was not received until 8th Feb, 2 days after the 28 days time limit. Why do the courts allow this? Jet2's solicitors know very well the time limits, yet they insist on this brinkmanship attitude.

JPears

I am tempted to write directly to jet2 offering a compromise ie no interest on 2 years delay in settlement, ignore court fees to demonstrate "reasonableness" and effort in resolving the matter prior to any court hearing.
After pointing out all the defects in their defence.
Any comments?

111KAB

richardw wrote: »

If MCOL doesn't allow space for all claimants in the claimant box, then don't use it.

Court told me otherwise ie we were (still are!) Mr & Mrs ..... Court indicated it would be wasting their time to have two different hearings on same matter. I did, however, as instructed email the Court at the same time as I submitted claim to point this out in order that they allocated claim to our local Court rather than the defendants. I did post the actual Court wording somewhere on the 'general' thread when I received their notification re joint application.