Jet2 compensation - denied boarding

hjem93

Hi, my partner and I were due to fly back from Corfu on 09/09 - we had checked in online and when we arrived at the bag drop were told the aircraft that had been sent was at a smaller capacity than planned therefore 20 passengers have been picked at random who are unable to board the flight (us included). There was not another flight to Manchester with Jet2 until the following day and Jet2 refused to arrange any accommodation. We therefore had to book a flight with TUI to get home.
My question is am I eligible for compensation for this? Or will Jet2 just refund the flight and pay for the TUI one? I have submitted a claim but have seen it's taking weeks. I feel we are due compensation on top of the expenses as it messed us around and not everyone in the same situation would even have the funds to book another flight.
Please let me know if anything similar has happened to you and how it was resolved.

Voyager2002

You cannot expect both a refund and payment for the new flight.

My immediate thought is that you exercised your right to re-routing. Jet2 should have bought your TUI flight for you but since you had to do so they should pay for it, and you have it instead of the flight for which boarding was denied. Then you need to compare your actual arrival time on the TUI flight with the scheduled arrival of the Jet2 flight: you may also be due delay compensation. And of course you were entitled to 'care' during the delay: if you spent anything on food, telephone, internet access... while waiting for the TUI flight I hope you kept the receipts.

Alternatively, you could simply claim for denied boarding. The penalty for this is pretty hefty, and you might choose to go down this route and not get a refund for the cost of the TUI flight. Up to you, but you cannot have it both ways.

JPears

Just to clarify:

1. JET2 should NOT have randomly chosen 20 passengers to deny boarding.  By law, they MUST ask for volunteers. At this point, potential volunteers can name their price. Only when there aren't sufficient volunteers can the airline select patient sto deny boarding.

This is in addition to any compensation due under Article 7 of EC 261/2004.

2. Jet2 are obliged to provide accommodation and subsistence for the duration of the delay or re-routing at the passenger's convenience.

As Jet2 both denied you boarding (and broke the regulations) and denied you re-routing, I would say you are due compensation.

You are definitely due the cost of the TUI flights from Jet2.

What were the arr/dep times of the Jet2 and TUI flights?  This is a facor in firming up compensation due.