Compensation for delayed flights Discussion Area

JPears

Of course you should be able to claim costs - the Euro 600 is the fixed amount. Iberia through their own stupidty have not complied with European LAW so should pay your costs. What does your legal person say?

JPears

Tyzap wrote: »

Another interesting article...

http://www.thisismoney.co.uk/money/holidays/article-3108059/Proof-airlines-avoid-paying-flight-delay.html#ixzz3bzFPQyGO

Note, at the end of the article Jet2.co say they are reviewing the way they interpret the current rules!!!

Does this indicate a change in policy perhaps?

Anybody on here actually received one of these "threats" from Jet2 re contract breach?

NoviceAngel

JPears wrote: »

Anybody on here actually received one of these "threats" from Jet2 re contract breach?

NoviceAngel wrote: »

YES, I've posted about it before, I'll have a search see if I can find it.

Here's the actual wording JP page 100 of Jet2 thread

https://forums.moneysavingexpert.com/discussion/comment/67962184#Comment_67962184

Manxphil

The legal system in Spain is much different from UK Law. In Spain claims under Euro 2,000 both sides have to pay their own costs.

NoviceAngel

Tyzap wrote: »

Another interesting article...

http://www.thisismoney.co.uk/money/holidays/article-3108059/Proof-airlines-avoid-paying-flight-delay.html#ixzz3bzFPQyGO

Note, at the end of the article Jet2.co say they are reviewing the way they interpret the current rules!!!

Does this indicate a change in policy perhaps?

Just reading through the article Tyzap,

This_is_money wrote:

Ryanair appealed the ruling, and is to wait until the outcome of the Dutch case. A spokesman says: ‘Ryanair complies fully with all EU legislation and deals with each claim on a case-by-case basis.’

I seem to recall them being refused permission to appeal Allen ?

That's my recollection anyway

Manxphil

JPears wrote: »

Of course you should be able to claim costs - the Euro 600 is the fixed amount. Iberia through their own stupidty have not complied with European LAW so should pay your costs. What does your legal person say?

The law in Spain is different - Under Euro 2,000 each side has to pay their own costs...

111KAB

Unless like UK you use Spanish NWNF > https://www.facebook.com/Retrasos.net

howticklediam

JPears wrote: »

Anybody on here actually received one of these "threats" from Jet2 re contract breach?

Yes!

Further or alternatively, on the true construction of the Conditions and/or by an implied term (implied therein in order to give business efficacy thereto and/or as reflecting the common intentions of the parties and/or because it went without saying and/or as a matter of law) the Claimants agreed that they would not bring legal proceedings against the Defendant more than two years after the scheduled date of arrival and/or the actual date of arrival at their destination.
Further or alternatively, if the Claimants' claim is not time barred, any compensation payable by the Defendant would immediately be recoverable by the Defendant as damages for the Claimants' breach of their contractual obligation not to bring proceedings more than two years after any relevant claim arose. The Claimants' claim accordingly fails for circuity of action.

howticklediam

Tyzap wrote: »

Another interesting article...

http://www.thisismoney.co.uk/money/holidays/article-3108059/Proof-airlines-avoid-paying-flight-delay.html#ixzz3bzFPQyGO

Note, at the end of the article Jet2.co say they are reviewing the way they interpret the current rules!!!

Does this indicate a change in policy perhaps?

That's a good article. I wish the national press would make more of an issue of this. It still doesn't get much coverage considering it's such disgraceful behaviour that affects so many people.

500 hidden manufacturing defect defences since March - wow! It's amazing the manufacturers being accused of making defective products don't sue the airlines.

JPears

howticklediam wrote: »

Yes!

Further or alternatively, on the true construction of the Conditions and/or by an implied term (implied therein in order to give business efficacy thereto and/or as reflecting the common intentions of the parties and/or because it went without saying and/or as a matter of law) the Claimants agreed that they would not bring legal proceedings against the Defendant more than two years after the scheduled date of arrival and/or the actual date of arrival at their destination.
Further or alternatively, if the Claimants' claim is not time barred, any compensation payable by the Defendant would immediately be recoverable by the Defendant as damages for the Claimants' breach of their contractual obligation not to bring proceedings more than two years after any relevant claim arose. The Claimants' claim accordingly fails for circuity of action.

Where in the historical T&Cs does it mention "bringing proceedings against"?
Scandalous. Some really warped minds at work there....