Help with Jet2 compensation claim rejection

Duncs72

Hi

I've just received an email informing me that Jet2 have rejected my claim for compensation due to exceptional circumstances, these being staff illness.  I'll set out below what I've claimed for it would be good to know exactly how much I should be entitled to but also advice on what to do next.  Here's what happened:

There were 4 of us travelling

Outbound

Flight delayed by over 3 hours from Birmingham to Antalya.  Informed at the time that this was due to the Airbus we were due to travel on being unable to take off as the staff had worked for too long and another plane was sourced.  

Inbound

Flight cancelled from Antalya to Birmingham on Saturday evening as the staff had worked too many hours.  We were then put up overnight and an alternative flight arranged to Manchester with a coach transfer back to Birmingham.  The flight back was over 3 hours late by the time we arrived back in Birmingham.

I had to submit multiple claims via the Jet 2 site but don't have any record of these complaints.  I requested compensation for the delayed outward bound flight, the cancelled flight and the delayed rearranged flight - am I entitled to all of this?

As stated, I don't have any record of the complaints made to Jet 2 as it was submitted through their site, furthermore they seem to have only responded to one compensation request.  I was going to go through CAA but they want a copy of the written request for compensation sent to Jet2 which I don't have.

Any thoughts please, and thanks in advance

Duncan

Westin

Duncs72 said:

Hi

I've just received an email informing me that Jet2 have rejected my claim for compensation due to exceptional circumstances, these being staff illness.  I'll set out below what I've claimed for it would be good to know exactly how much I should be entitled to but also advice on what to do next.  Here's what happened:

There were 4 of us travelling

Outbound

Flight delayed by over 3 hours from Birmingham to Antalya.  Informed at the time that this was due to the Airbus we were due to travel on being unable to take off as the staff had worked for too long and another plane was sourced.  

Inbound

Flight cancelled from Antalya to Birmingham on Saturday evening as the staff had worked too many hours.  We were then put up overnight and an alternative flight arranged to Manchester with a coach transfer back to Birmingham.  The flight back was over 3 hours late by the time we arrived back in Birmingham.

I had to submit multiple claims via the Jet 2 site but don't have any record of these complaints.  I requested compensation for the delayed outward bound flight, the cancelled flight and the delayed rearranged flight - am I entitled to all of this?

As stated, I don't have any record of the complaints made to Jet 2 as it was submitted through their site, furthermore they seem to have only responded to one compensation request.  I was going to go through CAA but they want a copy of the written request for compensation sent to Jet2 which I don't have.

Any thoughts please, and thanks in advance

Duncan

Outbound:
- It is the arrival time in AYT that measures the overall delay, not the departure time from BHX.  Was your delay into AYT more than 3 hours late?
- Do you know why the crew went out of hours?  Was it in part to ATC delays?

Inbound:
- Was the new flight a different flight number (to AYT BHX) and did it arrive more than 3 hrs late into MAN?

Not sure where the staff illness is coming into this.  You mention delay on both BHX AYT and AYT BHX as being due to staff shortages.

Duncs72

Thx for your message

Yes flight into AYT was over 3 hours late
Flight to MAN wasn't 3 hours late however we were 3 hours late versus the timetabled arrival time in BHX.  The flight description was Antalya to Birmingham via Manchester.

Completely agree nothing was ever mentioned to us about illness, I suspect they're trying to fob us off.

Any thoughts on what the amount should be we ought to be expecting.  I'm thinking that I'll need to pursue this through small claims but will need to know the amount I'm claiming

Duncs72

and yes the rearranged flight home was a different flight number 

JPears

Staff shortages even due to ATC restrictions are not usually ECs if the ATC restriction didn't actually affect the flight concerned.

Jet2 make the business decision to turnaround the airplanes quickly allow little or no wriggle room for knock on delays.

eskbanker

Duncs72 said:

Flight to MAN wasn't 3 hours late however we were 3 hours late versus the timetabled arrival time in BHX.  The flight description was Antalya to Birmingham via Manchester.

Are you referring to the arrival time of the original flight that had been cancelled?  In the context of rerouting, I don't believe that measuring delay versus the original flight's schedule is applicable, i.e. IMHO you're unlikely to be entitled to compensation for this replacement flight to/via Manchester.

Duncs72 said:

As stated, I don't have any record of the complaints made to Jet 2 as it was submitted through their site, furthermore they seem to have only responded to one compensation request.  I was going to go through CAA but they want a copy of the written request for compensation sent to Jet2 which I don't have.

If you don't have a copy of what you claimed but need it, then you could submit a subject access request to Jet2 and they'd need to provide it to you....

Duncs72

Thanks All

So Im thinking that I'm entitled to £340 x 4 for the flight out and £520 x 4 for the cancelled flight on the saturday?  Is this correct?

eskbanker

Duncs72 said:

Thanks All

So Im thinking that I'm entitled to £340 x 4 for the flight out and £520 x 4 for the cancelled flight on the saturday?  Is this correct?

How are you calculating those figures?  As I see it, if compensation is due then it would be £350pp each way....

Duncs72

eskbanker said:

Duncs72 said:

Thanks All

So Im thinking that I'm entitled to £340 x 4 for the flight out and £520 x 4 for the cancelled flight on the saturday?  Is this correct?

How are you calculating those figures?  As I see it, if compensation is due then it would be £350pp each way....

Thanks for your clarification. I think you're right, I've not had much experience of this and there's quite a lot info around.  I want to make sure that if I go through small claims court my submission is accurate.

JPears

If you're considering small claims, you definitely need to know EC261/2004 and the UK version inside out, verbatim.

I would suggest Vauban's Guide (in a dropbox account if you google it) as a starting point. Bit old but still relevant.

eskbanker

JPears said:

I would suggest Vauban's Guide (in a dropbox account if you google it) as a starting point. Bit old but still relevant.

That document doesn't seem to have been updated since 2014, so, while offering some helpful generic guidance, it omits numerous subsequent rulings, so is falling behind the curve.

We covered a 2020 one about multiple compensation entitlements when rerouting on another thread recently, and in this one OP might benefit from last year's Lipton v BA City Flyer ruling on admissibility of staff illness if Jet2 are asserting that this qualifies as extraordinary circumstances:

https://www.judiciary.uk/wp-content/uploads/2021/04/Lipton-v-BA-City-Flyer-judgment.pdf
https://www.moneysavingexpert.com/news/2022/05/flight-cancelled-delayed-tui-easyjet/