Jet2 claim for late flight

withaspritz

Got a reply today, as expected Jet2 claim it’s EC

Dear Customer, 

Thank you for contacting us regarding your claim for compensation arising from the delay to your Jet2.comflight, LS1854, 23/06/2022. 

 

We always strive to operate on time and provide an excellent level of customer service. Unfortunately, there are occasions where disruption beyond the control of Jet2.com takes place and delays cannot be avoided. Despite widescale disruption and the huge number of cancellations that have been reported by other airlines, we have avoided flight cancellations and have implemented all reasonable measures to minimise the level of unavoidable delays that have taken place in what has been an extraordinarily challenging operating environment.

 

Nevertheless, we recognise the inconvenience a flight delay can cause and before we go on to address your claim for compensation, may we first express our sincere apologies for any inconvenience you experienced.

 

Law on flight delay claims

 

EC Regulation 261/2004, as incorporated into UK law (which we will refer to as  the Regulation in this email) provides air passengers with certain rights. 

 

Such rights include potential entitlement to compensation in the event of a flight cancellation or an arrival delay in excess of 3 hours, but it is important to understand that an airline is not liable to pay compensation under the Regulation where the cancellation or delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. An extraordinary circumstance is something which is beyond the airline’s control. 

 

Although we do appreciate that passengers will each have their own experience of a delay and personal circumstances, the Regulation is a uniform application. 

 

Proactive measures taken during the pandemic

 

As you will only be too aware, the pandemic and the Government’s restrictions on travel meant that we, like other airlines, were unable to operate for extensive periods of time. 

 

Whilst our aircraft remained grounded and restrictions on travel continued, we did not lose sight of our core values. We worked tirelessly and invested extensively into the business in eager anticipation of the restrictions easing and the opportunity to provide you, and all of our passengers, with a well-deserved holiday and a high-quality service. 

 

To achieve this aim, we adopted a proactive rather than reactive approach to our operations. We ensured that we maintained the correct levels of staffing, resources and training throughout the pandemic. Despite ongoing levels of uncertainty, we also commenced the recruitment of staff early, in 2021, in anticipation of an increase in operations. 

 

These measures ensured that (following the removal of restrictions) we were well resourced and able to implement an efficient and smooth return to a high volume of operations. In addition to the above, we also ensured that we had added resilience in our fleet, with six standby aircraft and crew in place. This is the most standby aircraft we have ever had.

 

External factors causing disruption

 

Unfortunately, whilst we were well prepared, a large number of other airlines and third parties (including Airports, ground handlers and fuel suppliers, for example) were not well resourced. This issue has been exacerbated by a challenging labour market as well as further external issues, such as delays in security passes being issued by public authorities. 

 

The lack of resources encountered by these third parties has, in turn, caused an extraordinary level of disruption at airports throughout the country (as has been widely reported by the media). Such issues include significant queues at airport security, services to passengers with reduced mobility provided by the airport, ground handling delays and the breakdown in airport infrastructure such as baggage belts becoming inundated with luggage carried by other airlines, which has caused extensive delays and disruption. 

 

In addition to the above, and whilst these issues have been ongoing, there have been further challenges to operations. For example, there has been extensive congestion and restrictions caused by Air Traffic Control (ATC) management decisions across Europe. This, in part, has been caused by a significant area of airspace being closed over Russia and Ukraine, causing flights to re-route across central Europe (causing additional traffic), as well as there being capacity issues and a shortage of Air Traffic Controllers in certain sections of Europe. This has resulted in a high volume of slot delays being issued by ATC, adding to further levels of delay and disruption.

 

We have, on the whole, been able to mitigate a significant amount of the disruption encountered. For instance, due to the strategies and investments we made, we had over 2,200 colleagues in our UK airports, who have worked relentlessly and played a key role in minimising the level of disruption caused by external parties. 

 

This has enabled us to avoid cancelling flights and keep delays to a minimum. However, given the unprecedented scale of the disruption that has taken place, there has been an inevitable and unavoidable impact on our operations, including delays to our flights being incurred. The delay to operations, caused by the external factors referenced above, meant that your flight could not operate until the crew had undertaken their minimum rest period in line with safety and legislative requirements. Your flight was subsequently operated as soon as feasibly possible. 

 

We would like to apologise once more for the delay to your flight. However, your flight would not have incurred a delay over three hours if it wasn’t for the unprecedented level of disruption caused by external factors and parties that were beyond the control of Jet2.com.

 

As the delay to your flight was caused by extraordinary circumstances which could not have been avoided despite all of the reasonable measures we had taken, compensation is not payable pursuant to Article 5 (3) of the Regulation. 

 

We apologise for the length of this correspondence. However, we felt it was important to highlight the extent of the issues that have been experienced and the measures that we implemented to minimise the level of disruption. We hope that our correspondence has been of assistance in clarifying our position. Notwithstanding the above, should you disagree with our position then you are able to register your complaint with the aviation regulator, the CAA, at www.caa.co.uk.

 

Reimbursement of Receipts 

 

If you incurred any expenses as a result of the delay to your flight which you would like to claim back from us (such as re-routing costs, food and drink, or overnight accommodation) then please complete the following form: https://www.jet2.com/expenses-claim-form. Please remember to quote your claim reference number and attach any supporting receipts.

 

Thank you once again for taking the time to contact us.

 

Your sincerely,
Legal Services Team

I think at this stage I should wait and see what the Spanish CAA say? 

JPears

This is clearly a blanket catch all cut n paste job, seen several times before on this and other forums.

I can see nothing in here that states the specific cause of your delayed flight.

Or am I missing something?

marlot

withaspritz said:

Got a reply today, as expected Jet2 claim it’s EC

Dear Customer, 

Thank you for contacting us regarding your claim for compensation arising from the delay to your Jet2.comflight, LS1854, 23/06/2022. 

 

We always strive to operate on time and provide an excellent level of customer service. Unfortunately, there are occasions where disruption beyond the control of Jet2.com takes place and delays cannot be avoided. Despite widescale disruption and the huge number of cancellations that have been reported by other airlines, we have avoided flight cancellations and have implemented all reasonable measures to minimise the level of unavoidable delays that have taken place in what has been an extraordinarily challenging operating environment.

 

Nevertheless, we recognise the inconvenience a flight delay can cause and before we go on to address your claim for compensation, may we first express our sincere apologies for any inconvenience you experienced.

 

Law on flight delay claims

 

EC Regulation 261/2004, as incorporated into UK law (which we will refer to as  the Regulation in this email) provides air passengers with certain rights. 

 

Such rights include potential entitlement to compensation in the event of a flight cancellation or an arrival delay in excess of 3 hours, but it is important to understand that an airline is not liable to pay compensation under the Regulation where the cancellation or delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. An extraordinary circumstance is something which is beyond the airline’s control. 

 

Although we do appreciate that passengers will each have their own experience of a delay and personal circumstances, the Regulation is a uniform application. 

 

Proactive measures taken during the pandemic

 

As you will only be too aware, the pandemic and the Government’s restrictions on travel meant that we, like other airlines, were unable to operate for extensive periods of time. 

 

Whilst our aircraft remained grounded and restrictions on travel continued, we did not lose sight of our core values. We worked tirelessly and invested extensively into the business in eager anticipation of the restrictions easing and the opportunity to provide you, and all of our passengers, with a well-deserved holiday and a high-quality service. 

 

To achieve this aim, we adopted a proactive rather than reactive approach to our operations. We ensured that we maintained the correct levels of staffing, resources and training throughout the pandemic. Despite ongoing levels of uncertainty, we also commenced the recruitment of staff early, in 2021, in anticipation of an increase in operations. 

 

These measures ensured that (following the removal of restrictions) we were well resourced and able to implement an efficient and smooth return to a high volume of operations. In addition to the above, we also ensured that we had added resilience in our fleet, with six standby aircraft and crew in place. This is the most standby aircraft we have ever had.

 

External factors causing disruption

 

Unfortunately, whilst we were well prepared, a large number of other airlines and third parties (including Airports, ground handlers and fuel suppliers, for example) were not well resourced. This issue has been exacerbated by a challenging labour market as well as further external issues, such as delays in security passes being issued by public authorities. 

 

The lack of resources encountered by these third parties has, in turn, caused an extraordinary level of disruption at airports throughout the country (as has been widely reported by the media). Such issues include significant queues at airport security, services to passengers with reduced mobility provided by the airport, ground handling delays and the breakdown in airport infrastructure such as baggage belts becoming inundated with luggage carried by other airlines, which has caused extensive delays and disruption. 

 

In addition to the above, and whilst these issues have been ongoing, there have been further challenges to operations. For example, there has been extensive congestion and restrictions caused by Air Traffic Control (ATC) management decisions across Europe. This, in part, has been caused by a significant area of airspace being closed over Russia and Ukraine, causing flights to re-route across central Europe (causing additional traffic), as well as there being capacity issues and a shortage of Air Traffic Controllers in certain sections of Europe. This has resulted in a high volume of slot delays being issued by ATC, adding to further levels of delay and disruption.

 

We have, on the whole, been able to mitigate a significant amount of the disruption encountered. For instance, due to the strategies and investments we made, we had over 2,200 colleagues in our UK airports, who have worked relentlessly and played a key role in minimising the level of disruption caused by external parties. 

 

This has enabled us to avoid cancelling flights and keep delays to a minimum. However, given the unprecedented scale of the disruption that has taken place, there has been an inevitable and unavoidable impact on our operations, including delays to our flights being incurred. The delay to operations, caused by the external factors referenced above, meant that your flight could not operate until the crew had undertaken their minimum rest period in line with safety and legislative requirements. Your flight was subsequently operated as soon as feasibly possible. 

 

We would like to apologise once more for the delay to your flight. However, your flight would not have incurred a delay over three hours if it wasn’t for the unprecedented level of disruption caused by external factors and parties that were beyond the control of Jet2.com.

 

As the delay to your flight was caused by extraordinary circumstances which could not have been avoided despite all of the reasonable measures we had taken, compensation is not payable pursuant to Article 5 (3) of the Regulation. 

 

We apologise for the length of this correspondence. However, we felt it was important to highlight the extent of the issues that have been experienced and the measures that we implemented to minimise the level of disruption. We hope that our correspondence has been of assistance in clarifying our position. Notwithstanding the above, should you disagree with our position then you are able to register your complaint with the aviation regulator, the CAA, at www.caa.co.uk.

 

Reimbursement of Receipts 

 

If you incurred any expenses as a result of the delay to your flight which you would like to claim back from us (such as re-routing costs, food and drink, or overnight accommodation) then please complete the following form: https://www.jet2.com/expenses-claim-form. Please remember to quote your claim reference number and attach any supporting receipts.

 

Thank you once again for taking the time to contact us.

 

Your sincerely,
Legal Services Team

I think at this stage I should wait and see what the Spanish CAA say? 

I've just had the same response, but for a different flight.  A template reply.

withaspritz

So given the CAA say they do not review flights from outside the UK into the UK, should I wait for the Spanish CAA to adjudicate? Or maybe go to Bottonline or similar? 

JPears

I would enquire with Jet2 as to the EXACT & PRECISE cause of the delay, not the fluff and nonsense they have sent you.

They will probably have to tell AESA and will certainly have to provide it should you go to court.

And mark it as a Letter before Action, allowing you to take legal action without any further notice.

Suzycoll

withaspritz said:

Just an update: 10 weeks passed (which is Jet2's own timescale for response as per their email acknowledgement) with nothing from them.

So today I escalated to the CAA (as Jet2 aren't registered with an ADR) only to find that their online form won't accept the claim as the flight departed from a non-UK airport.

The CAA form directed me to raise the complaint with the authority in the county of departure, in this case Spain, so I've just done the form on the Spanish authority website (AESA). The form is in Spanish or English for those following with a similar experience

They (AESA) advise 3-4 months for a response, will keep the post updated. 

Horrible experience with Jet2 - says a lot about an airline when they just plain ignore official complaints

hi. May I ask if your flight was Bristol to Reus (LS 1880) on 23rd June? and regarding AESA is this an easy process to claim from them? thanks 

withaspritz

Suzycoll said:

withaspritz said:

Just an update: 10 weeks passed (which is Jet2's own timescale for response as per their email acknowledgement) with nothing from them.

So today I escalated to the CAA (as Jet2 aren't registered with an ADR) only to find that their online form won't accept the claim as the flight departed from a non-UK airport.

The CAA form directed me to raise the complaint with the authority in the county of departure, in this case Spain, so I've just done the form on the Spanish authority website (AESA). The form is in Spanish or English for those following with a similar experience

They (AESA) advise 3-4 months for a response, will keep the post updated. 

Horrible experience with Jet2 - says a lot about an airline when they just plain ignore official complaints

hi. May I ask if your flight was Bristol to Reus (LS 1880) on 23rd June? and regarding AESA is this an easy process to claim from them? thanks 

Hi! our flight was from Gran Canaria to Bristol... you were on the same aircraft 2 flights before ours.   AESA's claim form is really easy to use, if you use the English version some fields still show as Spanish but google translate is your friend. 

I'm going to do as @JPears suggests and send a LBA asking for more detail to their Legal Department email inbox (that's on their auto response)

Something like:

W.Ithaspritz

100 MSE Terrace

Legal Services Team

jet2.com Limited
Low Fare Finder House

Leeds Bradford Airport

Leeds LS19 7TU

Dated: XXX

Dear Sir or Madam

RE: LETTER BEFORE ACTION

Please find attached reference material in regard to a claim under UK261 for flight delay compensation for the two parties on the booking ref 9668304/S22H.

As the Lead Pax on the booking, I am seeking £700 compensation (£350 per passenger) for a four hour thirty minute delay to the return flight from Gran Canaria Las Palmas to Bristol Airport.  The flight distance is over 1500km. The reason given was delay of inbound aircraft, which is not exceptional and could reasonably have been avoided by Jet2 utilising another aircraft.

I raised the claim via your online form on 24/06/2022 and Jet2 replied citing Covid related recruitment/retention issues with ground teams as a reason for the disruption.  

I would like more information please on the steps Jet2 took to avoid the delay.  The flight log (attached) from the day indicates that the tail was initially delayed in the morning flight from Bristol to Reus, with resultant knock on delays for the remaining rotations of the day.  I would like to know how Jet2 proposes to reduce the effect of knock on delays on rotations via wet leases or hot crews on standby at airports.

Also I would like to confirm if Jet2 in fact had any hot crews and wet leases at its disposal to avoid the delay having a knock on effect two rotations later (i.e. our flight) please.

I noted several other Jet2 flights departing Gran Canaria that afternoon, can Jet2 confirm that none of those planes, nor any parked at Las Palmas Airport, were available to take our flight’s passengers to Bristol instead?

I would draw attention to the UK CAA guidance “We do not, however, consider that all circumstances which may be related to Covid-19 will necessarily be extraordinary circumstances, for example where those circumstances could be considered inherent in the operation of an airline.  Examples of such circumstances may include managing staffing levels and absences.”1

I would therefore also like to know what impact staffing levels has had on the delay I experienced, given you point out in your response that the impact is due to the “lack of resources”.

Finally, I would like to request clarification on the ATC (Air Traffic Control) impact to my flight you mention, and request which ATC limitations affected my flight from Gran Canaria to Bristol.  

Looking forward to your response.

Sincerely,

W.Ithaspritz

_____________

Sources:

1 https://www.caa.co.uk/commercial-industry/airlines/guidance-on-consumer-law-for-airlines/

Suzycoll

withaspritz said:

Suzycoll said:

withaspritz said:

Just an update: 10 weeks passed (which is Jet2's own timescale for response as per their email acknowledgement) with nothing from them.

So today I escalated to the CAA (as Jet2 aren't registered with an ADR) only to find that their online form won't accept the claim as the flight departed from a non-UK airport.

The CAA form directed me to raise the complaint with the authority in the county of departure, in this case Spain, so I've just done the form on the Spanish authority website (AESA). The form is in Spanish or English for those following with a similar experience

They (AESA) advise 3-4 months for a response, will keep the post updated. 

Horrible experience with Jet2 - says a lot about an airline when they just plain ignore official complaints

hi. May I ask if your flight was Bristol to Reus (LS 1880) on 23rd June? and regarding AESA is this an easy process to claim from them? thanks 

Hi! our flight was from Gran Canaria to Bristol... you were on the same aircraft 2 flights before ours.   AESA's claim form is really easy to use, if you use the English version some fields still show as Spanish but google translate is your friend. 

I'm going to do as @JPears suggests and send a LBA asking for more detail to their Legal Department @ their head office via recorded post. 

Thank you so much for the info. I will do the  same   What is a LBA please ? Thanks 

withaspritz

Suzycoll said:

withaspritz said:

Suzycoll said:

withaspritz said:

Just an update: 10 weeks passed (which is Jet2's own timescale for response as per their email acknowledgement) with nothing from them.

So today I escalated to the CAA (as Jet2 aren't registered with an ADR) only to find that their online form won't accept the claim as the flight departed from a non-UK airport.

The CAA form directed me to raise the complaint with the authority in the county of departure, in this case Spain, so I've just done the form on the Spanish authority website (AESA). The form is in Spanish or English for those following with a similar experience

They (AESA) advise 3-4 months for a response, will keep the post updated. 

Horrible experience with Jet2 - says a lot about an airline when they just plain ignore official complaints

hi. May I ask if your flight was Bristol to Reus (LS 1880) on 23rd June? and regarding AESA is this an easy process to claim from them? thanks 

Hi! our flight was from Gran Canaria to Bristol... you were on the same aircraft 2 flights before ours.   AESA's claim form is really easy to use, if you use the English version some fields still show as Spanish but google translate is your friend. 

I'm going to do as @JPears suggests and send a LBA asking for more detail to their Legal Department @ their head office via recorded post. 

Thank you so much for the info. I will do the  same   What is a LBA please ? Thanks 

Letter Before Action

Although actually, your flight departed a UK airport, so the UK CAA should have jurisdiction. There's a form on their website.

Mine landed at a UK airport (not departed a UK one) so I have to use the departure country's regulator in my case AESA

withaspritz

Sent them an email to their delays inbox as follows:

Dear Sir or Madam

Letter Before Action (Ref: Jet2/CCCCCC)

Without prejudice;

Please find attached reference material in regard to a claim under UK261 for flight delay compensation for the two parties on the booking ref 1234567/A12B.  The material will be discussed in this email.

As the Lead Pax on the booking, I am seeking £700 compensation (£350 per passenger) for a four hour thirty minute delay to the return flight from Gran Canaria Las Palmas to Bristol Airport.  The flight distance is over 1500km. The reason given was delay of inbound aircraft, which is not exceptional and could reasonably have been avoided by Jet2 utilising another aircraft.

I raised the claim via your online form on 24/06/2022 and Jet2 replied citing Covid related recruitment/retention issues with ground teams as a reason for the disruption.  

I would like more information please on the steps Jet2 took to avoid the delay.  

The flight log (attached) from the day indicates that the tail was initially delayed in the morning flight from Bristol to Reus, with resultant knock on delays for the remaining rotations of the day.  I would like to know how Jet2 proposes to reduce the effect of knock on delays on rotations via wet leases or hot crews on standby at airports.

Also I would like to confirm if Jet2 in fact had any hot crews and wet leases at its disposal to avoid the delay having a knock on effect two rotations later (i.e. our flight) please.

I noted several other Jet2 flights departing Gran Canaria that afternoon, can Jet2 confirm that none of those planes, nor any parked at Las Palmas Airport, were available to take our flight’s passengers to Bristol instead?

I would draw attention to the UK CAA guidance “We do not, however, consider that all circumstances which may be related to Covid-19 will necessarily be extraordinary circumstances, for example where those circumstances could be considered inherent in the operation of an airline.  Examples of such circumstances may include managing staffing levels and absences.”1

I would therefore also like to know what impact staffing levels has had on the delay I experienced, given you point out in your response that the impact is due to the “lack of resources”.

Finally, I would like to request clarification on the ATC (Air Traffic Control) impact to my flight you mention, and request which ATC limitations affected my flight from Gran Canaria to Bristol.  

Looking forward to your response within 14 days of this email.

Sincerely,

W Ithaspritz

_____________

Sources:

1 https://www.caa.co.uk/commercial-industry/airlines/guidance-on-consumer-law-for-airlines/

Attachments:

<Screenshot of Flightradar24 tail page showing delayed rotations that day>