Flight delay and cancellation compensation, Jet2.com ONLY

Vauban wrote: »

Evidence of "tightening" can be really helpful. I read of one case - on here I think - where the claimant noted that since they had signed the T&Cs the two year limit for "damages" had been amended to "damages and compensation". They were thus able to argue that, if damages and compensation were the same, the airline wouldn't needed to have amended the T&Cs.

I used the wayback machine to look at previous T&Cs for Jet2 - but like Tyzap couldn't see any change since 2011. I'll take another look though.

[And surely everyone knows which flight Tyzap - aka Mr. Huzar - was on by now ]

Tyzap - I do now!

T&Cs now, 2015:

Now, read point 32:

31. Notice of Claims

31.1 Damage to or Loss of Checked-in Baggage
You should report any loss or damage to your checked baggage prior to leaving the airport and obtain a Property Irregularity Report. You must then notify us immediately in writing of any damage to your baggage and, in any event, no later than the expiry of 7 days of receipt of that baggage or, if lost, 7 days from the date on which it should have been received.

31.2
Your notification must include an itemised list identifying each affected item and giving a description which includes the manufacturer and age of item together with proof of purchase and evidence of ownership in each case. We will deduct an amount from your claim in respect of depreciation where we believe it to be appropriate. In the case of a compensation claim for physical damage to baggage, you must retain the damaged baggage and produce it to us at our request in order that we may examine it to assess the nature and extent of the damage and whether the baggage is capable of repair. In the event that you wish to claim for the cost of replacing an individual item which forms part of a claim for damage to baggage, you must consult us before incurring the replacement cost, otherwise it may not be included in the compensation payable to you. You must include proof of purchase of the replacement items when making your claim. In respect of all claims for damages concerning your baggage, you must provide us with all the information we request to assess the eligibility of your claim and the amount of damages payable. If we require you to do so, you must sign a statement of truth regarding the facts and value of your claim for damage to your baggage before we make the payment to you. If you fail to comply with these requirements, you may adversely affect the amount of compensation to which you are entitled.

31.3 Delay to Checked Baggage
You must notify us in writing of any delay to your checked baggage within 21 days of the date on which the baggage was placed at your disposal.

31.4
If you fail to notify us within these timescales then no action shall lie against us.

31.5 Time Limits to bring a Claim
The provisions in this section 31 are subject always to the provisions in section 32 (Time Limits).

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32. Time limits

Any right to damages and/or compensation and/or any other relief whatsoever in relation to your booking shall be extinguished if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.

And 2010, when I made my booking, flight was in 2011.

Read 31.4, see they change all the time, but you don't get a permanent copy, yet they want to rely on them in court:

31. Notice of Claims

31.1 Damage to Checked Baggage
You must notify us immediately in writing of any damage to your baggage and, in any event, no later than the expiry of 7 days of receipt of that baggage or, if lost, the date on which it should have been received.
Your notification must include an itemised list identifying each affected item and giving a description including the manufacturer and age of item together with proof of purchase and evidence of ownership in each case. We will deduct an amount from your claim in respect of depreciation where we believe it to be appropriate. In the case of a compensation claim for physical damage to baggage, you must retain the damaged baggage and produce it to us at our request in order that we may examine it to assess the nature and extent of the damage and whether the baggage is capable of repair. In the event that you wish to claim for the cost of replacing an individual item which forms part of a claim for damage to baggage, you must consult us before incurring the replacement cost, otherwise it may not be included in the compensation payable to you. You must include proof of purchase of the replacement items when making your claim. In respect of all claims for damages concerning your baggage, you must provide us with all the information we request to assess the eligibility of your claim and the amount of damages payable. If we require you to do so, you must sign a statement of truth regarding the facts and value of your claim for damage to your baggage before we make the payment to you. If you fail to comply with these requirements, you may adversely affect the amount of compensation to which you are entitled.
31.2 Delay to Checked Baggage
You must notify us in writing of any delay to your checked baggage within 21 days of the date on which the baggage was placed at your disposal.
31.3
If you fail to notify us within these timescales then no action shall lie against us.
31.4 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.

Mark2spark wrote: »

Tyzap, was D/grand D on the same flight as you (and not been paid out yet)?
Pretty sure the newspapers would like that one if it's so...

I don't think its no secret that other passengers and family members of Tyzap, on the same flight have not received their rightful compensation..... YET........

When I first heard I was lost for words......

Howtick- the section you have posted there is not to do with reg 261/2004 - its lost baggage. Which is 2 years as laid down by Montreal convention. You have to dig deeper for dealys/canellations claims - if indeed they are there at all.

They will have to prove to the court, which I think will be extremely difficult, that those T&Cs were in effect (which I think VERY unlikley anyway) in 2010. Preferably bundled with your acual booking confirmation. Again, unlikley.
I cannot find it in the T&Cs for my delayed flight I booked at the end of 2010.