Flight delay compensation refused- advice please

uk-clif

Hello, I am looking for some advice please. I have had jet2 refuse to pay compensation for a delayed flight as they claim the cause was extraordinary circumstances. Their response is as below:

Please allow us to clarify that under the Regulation, when a delay has multiple causes, the time attributable to extraordinary circumstances should be deducted from the total length of the delay. If the time remaining is under 3 hours, the flight is not eligible for compensation. In this instance, the arrival delay was 3 hours and 7 minutes. Therefore, if 8 minutes or more are attributable to extraordinary circumstances, the claim is not eligible for compensation. As above, 80 minutes was caused by extraordinary circumstances (a baggage security issue leading to an Air Traffic Control delay (45 minutes) and security/airport congestion (35 minutes).

I have asked for more detail on both the security issue and congestion delay as I do not believe there to be a congestion delay and the security issue I believe to be jet2 staff fault from what the air stewards told us (initially accepting a damage passport and then realising at the gate and refused passenger boarding).

Is there anyway I can prove this? Does it sound like I would have a valid appeal? Just not sure how to position it.

just to add jet2 issued no communication around the delay, ordered no food or drinks vouchers and were overall terrible in how it was handled.

thanks 

eskbanker

As they correctly say, they only need to find 8 minutes of delay attributable to extraordinary circumstances, so if there were ATC delays (even if effectively arising only because of an earlier delay attributable to the airline) exceeding eight minutes then that would scupper any claim.

In terms of proof, you can see what they'll provide at this stage in response to your challenge, but if all you have is verbal comments (and a 'belief' that there wasn't any congestion issue) then that will make it an uphill struggle - as Jet2 don't participate in an ADR scheme you're really left with CAA escalation (non-binding) or court, and if it got to court they'd produce more detail about causes, even if they haven't shared it with you earlier on, so you'd be rolling the dice there....