Denied boarding , cancelled new flight . 18hrs + arrival delay

troubled_newbie

Hi , a recent return flight to UK from Spain  . On arrival at check in Jet2 had transferred us from LS XX8 TO LS XX80 . Both had the same departure Time . 21:00 

LSXX8 Departed at 22.30 approx . 
LSXX80 was Cancelled . We were take. To Hotel overnight and brought back to airport the day after for new Flight LSXX80 ( SAME AS DAY BEFORE ) 
Arriving UK 18hrs delay on arrival . 

Can we claim for Denied boarding  (bumped off LSXX8 ) £350 PP 

Also , Cancelled Flight £350pp 

Alsob, Arrival delay of 3hrs or more £350 pp . 

Jet2 have denied any compensation ,  stating exceptional circumstances.  

Any advice be much appreciated.  THANKS. 

Westin

So you would like three lots of compo?

troubled_newbie

Can you claim all three is what I was trying to say? . Because all three actually happened . 

1. Bumped without prior knowledge 

2. The next flight was cancelled. 

3. Arrival delay  at final destination of 18+ hrs . 

eskbanker

troubled_newbie said:

Jet2 have denied any compensation ,  stating exceptional circumstances.

If there were exceptional circumstances then these would negate any airline liability to pay cancellation or delay compensation, so you'd need to establish whether or not the circumstances were exceptional or not - what do you know about the reasons for each of the events?

The denied boarding argument might still technically apply, if they moved you from one flight to another, but if the replacement flight was scheduled to arrive within three hours of the original one then any compensation would be reduced by 50% under article 7(2) of the regulations....

eskbanker

The Jet2 version of events clearly differs from yours if they're asserting that you did fly on the intended flight but that it was heavily delayed and simply renumbered to avoid a clash with the next day's one, which would only entail one compensation payment for a delayed arrival, rather than three.

However, the circumstances they describe do sound like they'd be regarded as extraordinary ones beyond their control, so there wouldn't be compensation due anyway - if you disagree then you're entitled to escalate to the CAA as shown in their message.

Edit: context to this is that OP posted (but apparently then deleted) a response from Jet2, detailing delays due to a security issue at Manchester and a separate disruptive passenger incident, resulting in a significantly delayed arrival of the inbound aircraft at TFS, which in turn put the crew out of hours, hence the flight being rescheduled for the following day.

troubled_newbie

Update . CAA rejected Compensation claim .  

DO I GIVE UP , OR KEEP TRYING 🤔

 Is there still a claim for Denied boarding? Or for delay from a technical issue with Airbuss 330 which would / maybe ...nullify any extraordinary circumstances.  As in case law JET2 V HUZAR ??? 



Original flight and seat reservation. were for Airbus 330 aircraft .  32 A 32 C ( seats together )  . 

we were taken off without notification ( at check in desk TFS ) as the aircraft used on the flight was B-757 .  Passenger Capacity  approx 100 less than Airbus 330 .   

THE new flight we were allocated  was the same  flight number and departure time as original  but with a (0) prefix . 20:55 .  But B-737 aircraft .  So 2  smaller aircrafts to accommodate the passengers booked on the A330 . 

The B-757. LS **8 departed /Arrived 1hr 30 delayed. 
The B- 737 LS**8 (0) Departed / Arrived 18+hrs delayed .

Any advice greatly appreciated . 

Apologies for the jet2 reply deletion . 

eskbanker

troubled_newbie said:

Update . CAA rejected Compensation claim .  

DO I GIVE UP , OR KEEP TRYING 🤔

 Is there still a claim for Denied boarding? Or for delay from a technical issue with Airbuss 330 which would / maybe ...nullify any extraordinary circumstances.  As in case law JET2 V HUZAR ???

If both Jet2 and the CAA have rejected your claim, then your only remaining option is likely to be court, but if the CAA sided with the airline (when reviewing both sides of the argument), what makes you believe that a court would do otherwise?

An aircraft being replaced for technical reasons hasn't been mentioned previously on this thread, but in what way did the CAA dismiss its relevance?  Bear in mind that where there are compounded delays caused by both extraordinary circumstances and factors within the airline's control, the former is effectively deducted to give a net delay attributable to the airline....

Westin

You had initially wanted to make three claims for the same disruption. Is that what you did in the end? What did you attempt to claim for?

troubled_newbie

@Westin ,  i have been told by a no win no fee solicitor, you can only claim for one compensation for one booking . And said the best claim is for Denied boarding . 

I've sent 2 claims to  the airline , rejected and CAA claim sided with airline .

 I am willing to take my chance  to court as we were denied boarding.  Just looking for any advice from any members ?? 

troubled_newbie

@eskbanker , we were denied boarding the flight we had confirmed reservation at  the check in desk  . This flight departed with 1hr delay . The new flight we were assigned was the one cancelled and had hhe 18hr delay . Upon research it seems we have a valid claim for Denied boarding?? 

Your thoughts appreciated 👍

eskbanker

troubled_newbie said:

@eskbanker , we were denied boarding the flight we had confirmed reservation at  the check in desk  . This flight departed with 1hr delay . The new flight we were assigned was the one cancelled and had hhe 18hr delay . Upon research it seems we have a valid claim for Denied boarding?? 

Your thoughts appreciated 👍

My thoughts remain as above:

eskbanker said:

If both Jet2 and the CAA have rejected your claim, then your only remaining option is likely to be court, but if the CAA sided with the airline (when reviewing both sides of the argument), what makes you believe that a court would do otherwise?

In other words, nobody on here can comment meaningfully about the strength of your case based solely on your side of the story if there's evidently more to it than that....