Jet2 claim rejected

thewolffman

Hi everyone, I’m interested in any advice please. We’ve had a claim rejected by Jet2 and I am considering appointing no win no fee support. They’ve confirmed that they are still willing to take it on, which tells me I’m probably entitled.

The key facts are:

- Our flight from Lanzarote to Manchester was delayed by 3hrs and 11 minutes.
- Delay was caused by a fault with the aircraft which took some time to correct
- Jet2 state that the first 36 minutes of delay was due to “air traffic control restrictions”. There was no reference to this during the delay. The first reference to a delay was the fault.
- Jet2 say the first 36 minutes is deductible from the 3hr 11 minute delay and therefore we’re not eligible

I’d question whether any air traffic restrictions are a convenient deduction for Jet2 and whether the aircraft was actually fit to fly during that time??

Any thoughts?

eskbanker

There's a precedent case (C-315/15 Marcela Pešková and Jiří Peška v Travel Service a.s., 2017) which determined that when there's a combination of delays caused by extraordinary circumstances and those within the airline's control, the former is deducted from the latter in order to ascertain whether compensation is due, so if less than three hours was the airline's responsibility, then no payment is applicable:

Article 5(3) of Regulation No 261/2004, read in the light of recital 14 thereof, must be interpreted as meaning that, in the event of a delay to a flight equal to or in excess of three hours in arrival caused not only by extraordinary circumstances, which could not have been avoided by measures appropriate to the situation and which were subject to all reasonable measures by the air carrier to avoid the consequences thereof, but also in other circumstances not in that category, the delay caused by the first event must be deducted from the total length of the delay in arrival of the flight concerned in order to assess whether compensation for the delay in arrival of that flight must be paid as provided for in Article 7 of that regulation.

la531983

Point of pedantry, and I assume you meant this, but the delay should be worked out from how late you arrived, and not how late you set off.

Is it still a 3+ hour delay based on when the doors opened at MAN?

thewolffman

eskbanker said:

There's a precedent case (x) which determined that when there's a combination of delays caused by extraordinary circumstances and those within the airline's control, the former is deducted from the latter in order to ascertain whether compensation is due, so if less than three hours was the airline's responsibility, then no payment is applicable:

Article 5(3) of Regulation No 261/2004, read in the light of recital 14 thereof, must be interpreted as meaning that, in the event of a delay to a flight equal to or in excess of three hours in arrival caused not only by extraordinary circumstances, which could not have been avoided by measures appropriate to the situation and which were subject to all reasonable measures by the air carrier to avoid the consequences thereof, but also in other circumstances not in that category, the delay caused by the first event must be deducted from the total length of the delay in arrival of the flight concerned in order to assess whether compensation for the delay in arrival of that flight must be paid as provided for in Article 7 of that regulation.

Interesting. Confused as to why “no win no fee” would take this on as they’ve seen the content and the reply from Jet2 

thewolffman

la531983 said:

Point of pedantry, and I assume you meant this, but the delay should be worked out from how late you arrived, and not how late you set off.

Is it still a 3+ hour delay based on when the doors opened at MAN?

Yes apologies that’s what I meant. We arrived 3+ hours late

Westin

thewolffman said:

eskbanker said:

There's a precedent case (x) which determined that when there's a combination of delays caused by extraordinary circumstances and those within the airline's control, the former is deducted from the latter in order to ascertain whether compensation is due, so if less than three hours was the airline's responsibility, then no payment is applicable:

Article 5(3) of Regulation No 261/2004, read in the light of recital 14 thereof, must be interpreted as meaning that, in the event of a delay to a flight equal to or in excess of three hours in arrival caused not only by extraordinary circumstances, which could not have been avoided by measures appropriate to the situation and which were subject to all reasonable measures by the air carrier to avoid the consequences thereof, but also in other circumstances not in that category, the delay caused by the first event must be deducted from the total length of the delay in arrival of the flight concerned in order to assess whether compensation for the delay in arrival of that flight must be paid as provided for in Article 7 of that regulation.

Interesting. Confused as to why “no win no fee” would take this on as they’ve seen the content and the reply from Jet2 

Some of these ambulance-chaser firms seem to have a very basis ‘check’ when you input details on their websites. I presume a good way to collect the users contact details and sign-up many who don’t fully read the terms (and % cut of any reward should a claim be successful).