Flight delay and cancellation compensation, Jet2.com ONLY

bels333 · 29 June 2017 at 4:34PM

Hi there everyone,

was looking for some advice, we were delayed 19 hours in Tenerife with Jet2 this week due to a Jet2 plane landing and the wheels exploding on the runway at Tenerife South Airport. (If you dare google it there are pictures of the plane!). In the letter they gave us at the airport it says the delay was 'due to unforseen operational reasons'. Many other planes managed to take off but we got delayed 19 hours and had to sleep on the floor until 1:30am until we were given a hotel.

As the plane that caused the issue with the runway was a Jet2 one and we were flying with Jet2, would we be eligible to claim under EU rule 261/2004 or would this likely be classed as an exceptional circumstance?

Just wondering what to do now! My travel insurance company were quite rude and said I can't claim with them as its not in their list of acceptable reasons.

Thanks

Tyzap · 29 June 2017 at 4:46PM

bels333 wrote: »

Hi there everyone,

was looking for some advice, we were delayed 19 hours in Tenerife with Jet2 this week due to a Jet2 plane landing and the wheels exploding on the runway at Tenerife South Airport. (If you dare google it there are pictures of the plane!). In the letter they gave us at the airport it says the delay was 'due to unforseen operational reasons'. Many other planes managed to take off but we got delayed 19 hours and had to sleep on the floor until 1:30am until we were given a hotel.

As the plane that caused the issue with the runway was a Jet2 one and we were flying with Jet2, would we be eligible to claim under EU rule 261/2004 or would this likely be classed as an exceptional circumstance?

Just wondering what to do now! My travel insurance company were quite rude and said I can't claim with them as its not in their list of acceptable reasons.

Thanks

Hi bels333,

Were you due to board the same aircraft back to Manchester that burst its tyres or were you due to depart on another Jet2 flight?

bels333 · 29 June 2017 at 4:56PM

A different aircraft, the one with the broken wheels that caused the runway to have issues was a Manchester arrival and ours was Leeds. The letter they gave us at the airport had no details of what had happened it just said 'due to unforseen operational reasons'

Tyzap · 29 June 2017 at 5:24PM

bels333 wrote: »

A different aircraft, the one with the broken wheels that caused the runway to have issues was a Manchester arrival and ours was Leeds. The letter they gave us at the airport had no details of what had happened it just said 'due to unforseen operational reasons'

Your situation is tricky as you were affected by a closure of the only available runway at TFS. The fact it was caused by another Jet2 aircraft does not enter into it.

Had your aircraft already landed before the incident? or could it not land due to the runway being blocked?

Following the incident, ATC at TFS would have immediately instructed other incoming aircraft to hold and then divert to alternate airports. For that reason I think it's very unlikely that you will qualify for compensation.

Put your flight details into a couple of online flight delay calculators, such as Bott & Co, to see what the claims companies say.

Good luck.

bels333 · 30 June 2017 at 1:21PM

Thanks Tyzap I thought as much. The aircraft hadn't set off I think it was grounded in Leeds.

I've gone on the Bott & Co website and have instructed them to pursue it for me rather than attempting to do this myself as its not so straightforward. I suspect it will be rejected but worth a try all the same.

Justice13075 · 30 June 2017 at 2:42PM

If Bott & Co have taken it on they must think they have a prety good chance of success.

NoviceAngel · 1 July 2017 at 7:01AM

I agree with Tyzap, it will be a difficult one to win - but best of luck - I suspect that this will be classed as ATC restrictions- I don't think Botts will take it on, but I hope I'm wrong and wish you all the best with your claim.

bels333 · 2 July 2017 at 9:42PM

Yep Bott & Co have taken it on! Will keep you all posted on where we get with it all. Still don't think we will get anything but we shall see.

NoviceAngel · 2 July 2017 at 11:08PM

Hi Bels333,

Thank you for keeping us informed of progress, I'm surprised that Botts have taken your case on, they may know something that we don't...

All the best

bels333 · 3 July 2017 at 9:55AM

I'm a bit concerned over the bit of the Bott & Co T&Cs where it says

'2. What do I pay if I lose?
If you lose you pay your opponents charges and disbursements. You may be able to take out an insurance policy against this risk. If you lose you do not pay our charges but you may be required to pay our disbursements.'

Earlier on in the document it says

'Also although we have retained the right in the Conditional Fee Agreement to ask you to pay disbursements we reasonably anticipate that we will not have to ask you to fund any such item but rather Bott and Co Solicitors Ltd will fund the disbursements on your behalf and ordinarily seek to recover these sums from the airline.'

Is there a chance I could end out of pocket pursuing this? I was under the impression that you only pay if you win but this contradicts itself.

Flight delay and cancellation compensation, Jet2.com ONLY

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