Flight cancelled

Siobhan.ward

Hi I’m looking for some advice pls following a cancelled flight from Tenerife to uk in April. Our flight was cancelled last minute late at night due to pilot sickness. We were sent back to a decent hotel overnight and fed and a transfer to pick us up and the flight left late the following afternoon. We have 4 kids under 10 it was long slog but fair enough. We had further problems also as they sent our bags to a different airport and was all a bit of a pain but we got through it. My main problem is that we then missed a connecting flight because of the overnight delay which we had buy new flights for. I have attempted to claim compensation from Jet 2 and I had presumed we were entitled to a flat £350 per passenger based on minimal google research but have since received this reply. Would somebody with a tad more knowledge than me be able to advise my next step at all please?
Many Thanks
Siobhan

We always do everything we can to avoid delays happening, but unfortunately that wasn’t possible on this occasion. We’re really sorry for the impact this had on your travel plans.

I do also understand that you were disappointed with the way the delay was handled and with your experience at Tenerife Airport. We do always endeavour to provide a high level of service; however, I sincerely apologise that on this occasion, this was not the case and I will be certain to pass your feedback on.

In relation to your claim for refreshments during your delay, we would be happy to consider a reimbursement upon production of itemised receipts.

With regards to your claim for the cost of your unused connecting flight, I must advise you that Jet2.com assumes no responsibility for the additional travel arrangements of our customers and is not liable for any losses or expenses incurred by you as a result of this delay. I would therefore suggest you contact your travel insurance provider in the event that they provide cover in this regard.

 

Your flight was delayed because of crew sickness prior to departure, specifically, the Captain was unable to operate your flight and required medical attention. Replacement flight crew were positioned from the UK and your flight was operated as soon as possible on the following day.  

The Supreme Court is going to look at whether this means compensation should be paid or not in an upcoming case (Lipton v BA City Flyer). We would be happy to look again at your claim once the court has clarified the law. You can read more about this on our website: www.jet2.com/delays-and-cancellations.

Furthermore, I was very sorry to learn of your experience with your baggage. Please be assured, I have passed your comments onto our Customer Service, who will investigate and respond as soon as possible.

Thank you for getting in touch and we’re sorry again for the disruption to your journey. We hope to welcome you back on board soon.

eskbanker

Jet2 have been citing that court case for months now, in the hope that it'll allow them not to pay out compensation claims for flights that are delayed or cancelled due to crew sickness, by virtue of it being considered extraordinary circumstances - it's been experienced by a number of posters on here and, to be fair, they make it clear on their website that they're not paying out, as above.

Technically they're obliged to pay out based on the way the law has been interpreted in precedent cases thus far, but realistically it would be unlikely that you'd be able to challenge them on it before the Lipton appeal is heard, so you'll probably just need to wait it out and see what happens.

However, that only applies to the compensation for the delay to your Jet2 flight - as they correctly say, they have no liability for another flight that you were going to be taking (assuming it wasn't all booked through them on a single ticket reference), so that'll be one for your travel insurance....

Siobhan.ward

Thank you for taking the time to reply. I appreciate the advice. 

Siobhan.ward

Do you know how to find out when the Supreme Court might rule on this please?

eskbanker

Siobhan.ward said:

Do you know how to find out when the Supreme Court might rule on this please?

Not sure where to find definitive information, but searching around suggests that it may reach court this year but that a ruling could be up to nine months later, so hopefully all will be clearer sometime next year!

Alan_Bowen

Some good news in relation to crew illness is that the European Court, which technically we don't have to follow but likely will as the law is based on EU261, held that passengers on a delayed flight with TAP from Germany to Lisbon were entitled to compensation after the pilot was found dead in his hotel  2 hours before the flight and the crew felt, quite reasonably that they could not carry on. The flight was delayed 10 hours whilst a new crew were found and flown into Germany to operate the flight.  The court said that dealing with an unexpected absence, including due to illness or death, is “intrinsically linked” to the crew planning that is part of an airline’s normal activities.

eskbanker

Alan_Bowen said:

the European Court, which technically we don't have to follow but likely will as the law is based on EU261

Really?  Has anyone told Jacob Rees-Mogg?  Surely the fact that the UK 261 regulations are a copy/paste of the EU version (for now) doesn't in itself commit the UK to recognising post-Brexit EU judgments relating to the EU's regulations?  If that was the case, then at what point would we diverge and cease to recognise European Court rulings?

Alan_Bowen

The Supreme Court 'takes account' of EU rulings where appropriate and this would seem to be a good example of where that idea should be followed. I hope the English court is made aware of the EU judgment that was only reported a week ago. 

eskbanker

Alan_Bowen said:

The Supreme Court 'takes account' of EU rulings where appropriate...

https://www.supremecourt.uk/about/the-supreme-court-and-europe.html suggests that this applies specifically to ECHR human rights matters but not CJEU ones:

The Human Rights Act also requires UK courts, including the Supreme Court, to "take account" of decisions of the European Court of Human Rights (which sits in Strasbourg). UK courts are not required, however, always to follow the decisions of that Court. Indeed, they can decline to do so, particularly if they consider that the Strasbourg Court has not sufficiently appreciated or accommodated particular aspects of our domestic constitutional position.

The European Convention on Human Rights and the European Court of Human Rights exist separately from the European Union. The Supreme Court's relationship with the Strasbourg Court is not, therefore, changed by the UK's exit from the European Union.

The relationship between the UK Supreme Court and the Court of Justice of the European Union (which sits in Luxembourg) has, however, changed. Two key changes are provided for in the European Union (Withdrawal) Act 2018 and related legislation.

First, the UK courts, including the Supreme Court, are not bound by decisions of the Court of Justice of the European Union made after 11pm on 31 December 2020. The UK courts, including the Supreme Court, may have regard to the Luxembourg Court's decisions if relevant, but they are not generally obliged to follow them.

The Supreme Court (and some other UK appellate courts) are also free to depart from decisions of the Court of Justice of the European Union taken before 11pm on 31 December 2020.

Alan_Bowen

We will just have to wait and see, if the UK courts decide to ignore the EU court, and thus prevent customers from making claims, it can no doubt be described as another benefit of Brexit.....

Steve_Bantam

Thanks for all the above advice - i am in a very similar situation with Jet2 and frustrating that they are holding back in the hope that the judgement is favourable for them!