Jet 2 rejecting claim for a delayed flight and next action please

JPears

Why send another LBA? Just tell them today, when you call, that you have completed paperwork and you are submitting on MCOL within the next 7 days.

Suzycoll

Good shout JP. please remind me what MCOL is 😅 

JPears

MCOL - Money Claim Online - the usually, no hassle online portal for small claims court.

Suzycoll

JPears said:

MCOL - Money Claim Online - the usually, no hassle online portal for small claims court.

Great thanks, just rang them now and a different story this time! re my compensation last note on my file was 28 Oct to say compensation payable. THIS advisor said the legal team have advised CS team it will take up to 48 days - from? she didn't know the date. I have advised them during the call that I am given them 7 working days and have a MCOL claim ready to go if the compensation is not in my bank account by then. Bookmarked my diary. Thanks JP, will keep you posted  

steviec2

I am having the same problem as you guys however I think they changed the terms as they pointed me to a link that states up to 60 days until they pay?

what contact number are you using as all I can find is a sales number?

Suzycoll

steviec2 said:

I am having the same problem as you guys however I think they changed the terms as they pointed me to a link that states up to 60 days until they pay?

what contact number are you using as all I can find is a sales number?

Hi Stevie the number I rang was 0333 300 0042 

thejanitor

Hi, new to this forum but not forums in general
I claimed to jet2 for a delayed flight - the plane took off from the UK to Tenerife 3 hrs late which had a knock on event to our return flight
Below is the response wrt the claim and I am hoping someone could point me in the right direction on a way forward

Please accept our apologies for the delay to your Jet2.com flight, xxxxxx, 01/07/2022, and any inconvenience this caused. 

Article 5 (3) of EC Regulation 261/2004 (the Regulation) provides that compensation for a flight delay in excess of 3 hours is not payable where the delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

Your flight was delayed due to crew sickness which prevented departure. The leading case law from the CJEU (Court of Justice of the European Union) stresses that when determining extraordinary circumstances, the focus should be on the source of the cause of the delay and not its consequences, irrespective of severity or frequency. 

The source of the crew’s sickness is completely outside of an air carrier’s control, and, in line with the CJEU’s finding, we consider to be an extraordinary circumstance for the purpose of the Regulation.

The issue as to whether a member of crew’s non-attendance at work due to illness amounts to an extraordinary circumstance, for the purpose of the Regulation, is due to be considered by the Supreme Court of the UK in the case of Lipton v BA City Flyer.  

We would be happy for your claim to be revisited following the outcome of the Supreme Court’s finding. Until such time, we are unable to comment further.   

steviec2

Suzycoll said:

steviec2 said:

I am having the same problem as you guys however I think they changed the terms as they pointed me to a link that states up to 60 days until they pay?

what contact number are you using as all I can find is a sales number?

Hi Stevie the number I rang was 0333 300 0042 

Thanks for the response, do you discuss with the sales staff? This number seems to be for sales and amendments to existing bookings only?

Suzycoll

Yes whoever answers can normally advise. They seem to have the same number for everything 😅

JPears

thejanitor said:

Your flight was delayed due to crew sickness which prevented departure. The leading case law from the CJEU (Court of Justice of the European Union) stresses that when determining extraordinary circumstances, the focus should be on the source of the cause of the delay and not its consequences, irrespective of severity or frequency.

I'm not sure this factually correct. where the delay occurs on a previous rotation.

The source of the crew’s sickness is completely outside of an air carrier’s control, and, in line with the CJEU’s finding, we consider to be an extraordinary circumstance for the purpose of the Regulation.

I'm not sure this factually correct

The issue as to whether a member of crew’s non-attendance at work due to illness amounts to an extraordinary circumstance, for the purpose of the Regulation, is due to be considered by the Supreme Court of the UK in the case of Lipton v BA City Flyer. 

Until then it is NOT an EC, under law passed by the lower court.

We would be happy for your claim to be revisited following the outcome of the Supreme Court’s finding. Until such time, we are unable to comment further.   

As far as I am aware crew sickness is NOT an EC as it is inherent in the running of an airline. You'll need to read up on the quoted case law to see if it actually applies here.

I consider Jet2's comments/excuses to be disingenuous at best.