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Can I claim for 2 passengers at same time - Regulation (EC) No 261/2004
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JoJo_Ack
Posts: 3 Newbie
I originally claimed under for compensation under this regulation directly with Jet2.com - the claim was for myself and my husband - we travelled together on the same booking. They rejected my claim citing 'extraordinary circumstances'
I then went to the CAA who referred my claim back to Jet2.com - they rejected it again
Following the recent supreme court ruling around 'extraordinary circumstances' I wrote to Jet2.com again to re-open my claim.
I got no response so I have now submitted a claim via the small claims court.
Jet2.com's solicitor has today sent me a copy of their defence. They quote:
"The Claim Form states that the Claimant is seeking compensation on behalf of both herself and a Mr Martin Ackroyd. The claim is a non-contractual claim for fixed compensation pursuant to Regulation (EC) No. 261/2004 (‘the Regulation’), which confers an entitlement to compensation on each individual passenger. The Claimant therefore has no entitlement to claim on behalf of any individual other than herself."
Is this correct? I can't see anything in the Regulation itself that states this.
I've also claimed for interest on the 250Euros per person at the standard court rate of 8%. They are disputing this also. I've seen that other passengers have successfully been awarded interest. Does anyone know what the acceptable rate is?
Thanks in advance
I then went to the CAA who referred my claim back to Jet2.com - they rejected it again
Following the recent supreme court ruling around 'extraordinary circumstances' I wrote to Jet2.com again to re-open my claim.
I got no response so I have now submitted a claim via the small claims court.
Jet2.com's solicitor has today sent me a copy of their defence. They quote:
"The Claim Form states that the Claimant is seeking compensation on behalf of both herself and a Mr Martin Ackroyd. The claim is a non-contractual claim for fixed compensation pursuant to Regulation (EC) No. 261/2004 (‘the Regulation’), which confers an entitlement to compensation on each individual passenger. The Claimant therefore has no entitlement to claim on behalf of any individual other than herself."
Is this correct? I can't see anything in the Regulation itself that states this.
I've also claimed for interest on the 250Euros per person at the standard court rate of 8%. They are disputing this also. I've seen that other passengers have successfully been awarded interest. Does anyone know what the acceptable rate is?
Thanks in advance
0
Comments
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Is the other person a formal claimant, named as such in the claim? (In the claimant box?). If not, then the airline is technically right though some judges might cut you some slack.
Interest at 8% is standard, though dependent on the judge. Definitely claim for it though at this rate.0 -
Hi Vauban
No - it's just my name in the Claimant box (but my husband's name is included in the claim details box) - is there any way I can get my husband's name added now?
Thanks0 -
Can't get any better advice than off THE man himself (Vauban).
I'm surprised 2 Birds haven't contacted him direct and offered him 10 Grand to keep his gob shut !0 -
I was wondering about this too - the people at MCOL said that you could only claim for one person online, yet others on here seemed to have claimed for partners and/or families - do you just type both names into the Claimant box when submitting a claim on line?
Also, do you put the amount claimed in Euros or convert it using that day's exchange rate? Thx0
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