Flight delay and cancellation compensation, Jet2.com ONLY

NoviceAngel · 26 January 2015 at 6:35PM

Vauban wrote: »

I understand that this two year point has been tested at the County Court level on a number of occasions. And the result has been ... mixed.

Sometimes the judge has agreed that the T&Cs form a binding agreement, sometimes they have disagreed and said it is not binding. If I have understood my contacts right, both sides are considering appealing the cases they have lost, so this point is likely to ascend up the court hierarchy again - as Huzar and Dawson did.

From the research I did myself sometime ago when I was arguing against BT's T&C's I came across the words common law, which argues that any signed contract should be fair to both parties and if it isn't it may be ruled by a judge as not enforceable as it breaks common law, this may be what's happened in a few cases, but yeah I can see the SC getting involved yet again, those senior judges will not be happy with Jet2....:beer:

yozzer1941 · 26 January 2015 at 6:53PM

thanks guys for your advice,unfortunate that i have not got the terms and conditions form that i received when i booked my flight

NoviceAngel · 26 January 2015 at 6:54PM

yozzer1941 wrote: »

thanks guys for your advice,unfortunate that i have not got the terms and conditions form that i received when i booked my flight

Doesn't matter, just take them on....... or go down the NWNF route but don't let them off the hook!

yozzer1941 · 26 January 2015 at 6:58PM

i have every intension of taking them on no matter how many times they move the goal post will let you now how i get on

Tyzap · 26 January 2015 at 7:20PM

yozzer1941 wrote: »

thanks guys for your advice,unfortunate that i have not got the terms and conditions form that i received when i booked my flight

I don't think their t's + c's have changed since 2011, when my delay occurred.

I'm also led to believe that it seems to be accepted, in the legal world that is, that 'action' means 'legal action'. My wife and granddaughters cases are now also caught up in this argument. Although I was paid my compensation following the SC hearing they still have not received a penny. Three years and 3 months... but still counting!

Both cases are in the hands of Bott and Co and I know they are doing their best.

JPears · 26 January 2015 at 8:46PM

Tyzap wrote: »

I don't think their t's + c's have changed since 2011, when my delay occurred.

I'm also led to believe that it seems to be accepted, in the legal world that is, that 'action' means 'legal action'. My wife and granddaughters cases are now also caught up in this argument. Although I was paid my compensation following the SC hearing they still have not received a penny. Three years and 3 months... but still counting!

Both cases are in the hands of Bott and Co and I know they are doing their best.

Jet2's T+C clause -
"Time Limits to bring a Claim
Your right to make any claim against us shall be extinguished if you do not bring an action within two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped."
Definition of action (noun)-

the fact or process of doing something, typically to achieve an aim.
"ending child labour will require action on many levels"
a thing done; an act.
"she frequently questioned his actions"
"his actions emphasized his words
It matters not one iota what Jet2 meant or implied in their terms and conditions, it is what is written in black and white and the definition of that word. If a word has several, different meanings then effectively the word becomes null and void as part of the contract, being too ambiguous.

If Jet2 implied or meant legal action, thats what it should state.
This, as I am sure some of our more learned friends will confirm, is the basis of law when it comes to contracts. Hence "small print" is often the largest section of any contract since it has to be precise and accurate.
Remember we are dealing with desperate companies, who will look at every trick, turn and shenanigan to try to reduce the impact their own stubborness and intransigence has created, particularly one......

Glances · 26 January 2015 at 9:13PM

Hello everyone - I posted a thread (incorrectly) in the consumer advice section. They directed me to you lovely people.

I recently wrote to Jet2 to claim compensation on a (severely) delayed flight from the end of last year.

However, when they wrote back a few weeks later to acknowledge that they'd received my complaint, they said that they couldn't give me an estimate of when they'd respond again as it was a "peak time" for them.

I was just wondering, how long is it acceptable to give them? I don't want to bother them again too early, but I also don't just want to give them a infinite time respond (or possibly not respond, as the case may be). It's been a few weeks now, so I'm just a little uncertain. Thank you all!

JPears · 26 January 2015 at 9:37PM

Really depends on how long you think is reasonable.
The "peak time" is of their own making so I would ignore that sop.
As they have not had the decency to even give you a response time, you must take matters into your own hands. What are the details of your delay? Date, time, route , reason etc.?
Have you read Professor Vauban's guide?
Assuming you have a valid claim, the next step is to send an NBA with a reasonable time frame, 1 month would be generous, for a definitive reply.
You can be 99.9% certain won't pay you or admit liabilty, so be prepared to take legal action of go to NWNF firm eg Bott.

Tyzap · 26 January 2015 at 9:39PM

JPears wrote: »

Jet2's T+C clause -
"Time Limits to bring a Claim

I hope you are right, I'd love to see something definitive on the subject.:)

Glances · 26 January 2015 at 10:01PM

JPears wrote: »

Really depends on how long you think is reasonable.
The "peak time" is of their own making so I would ignore that sop.
As they have not had the decency to even give you a response time, you must take matters into your own hands. What are the details of your delay? Date, time, route , reason etc.?
Have you read Professor Vauban's guide?
Assuming you have a valid claim, the next step is to send an NBA with a reasonable time frame, 1 month would be generous, for a definitive reply.
You can be 99.9% certain won't pay you or admit liabilty, so be prepared to take legal action of go to NWNF firm eg Bott.

Thank you for the reply!

It was from Manchester South to Tenerife in November of last year. It was a technical fault (two, actually!) that caused the delay, and we were given a letter stating that we were eight hours and twenty five minutes late.

We also ended up on a different plane, and lost the seats with extra leg room that we had booked and paid for.

I did read the guide and the FAQ, but this was back a few weeks now and I couldn't promise to be proficient. I'll read up again as it seems increasingly apparent that this will probably end up as a legal struggle.

The guide did say that 28 days is sufficient, and judging from this thread they're attempting to fob me off, so I believe that's how long I will give them, does that seem okay?

Flight delay and cancellation compensation, Jet2.com ONLY

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