Flight Cancellation compensation

[basa48]

Re: Flight Cancellation compensation

Update - reply received from Jet2, looks like yet another generic response - quotes Regulation 261/2004 as not defining extraordinary circumstances, and that technical faults can, depending on the individual facts surrounding the delay, constitute extraordinary circumstances. Adds that the Wallentin-Hermann decision confirms this. Their letters gives no specific reason for the delay.
Will scan the letter and post on here tomorrow.
I've looked on Moneysavingexpert and it looks like one case that went through the small claims system was defended by some high-powered lawyers and technical experts, and was lost by the claimant. It does look like Jet2 are vigorously defending claims.

I don't know if you have read Wallentin-Hermann, but I have copied it below.

Read from para 24 on. Not sure it helps but does say they should 'deploy all its resources in terms of staff or equipment and the financial means to prevent the extraordinary circumstances'.

[jon1965]

Re: Flight Cancellation compensation

I can tell you that even with a EU airline you can have problems if the ground staff are not in the EU. My OH was on a flight with KLM from Lima to BHX when the flight was delayed. The staff at Lima were sending people back into the city at their own expense whereas they should have covered everything. Normal weather should be covered (such as snow in Winter) as should any mechanical faults.
The staff tried to argue...silly people, a specialist Travel agent from Yorkshire....guess who won

[supermac9]

Re: Flight Cancellation compensation

I've sent copies of all recent correspondence to the CAA (I first wrote to them on 21.03.13) in the hope that they will simply rule in my favour and tell Jet2 to sort things out - I expect they are snowed under bearing in mind how long it is taking for them to respond.

[supermac9]

Re: Flight Cancellation compensation

I've sent an online enquiry to the CAA, with copies of correspondence, as they haven't even acknowledged my latest letter - I'm beginning to wonder if they have all gone on their summer holidays early.

[basa48]

Re: Flight Cancellation compensation

I've sent an online enquiry to the CAA, with copies of correspondence, as they haven't even acknowledged my latest letter - I'm beginning to wonder if they have all gone on their summer holidays early.

CAA a very slow to respond. I got my compo before they responded to me !!

At this time of year I expect they will be inundated with complaints.

[supermac9]

Re: Flight Cancellation compensation

I received this e-mail from the CAA on 19.07.13:

Dear passenger
Thank you for your further e-mail about your airline or airport complaint.
Following a Court of Justice of the European Union (CJEU) ruling on the 23rd October last year, which extended passenger rights for certain delayed flights, we have received a significant increase in demand for our services. This has meant our response is likely to be slower than we would like.
Please could we ask for your understanding and request that you refrain from non-essential contact - including requests for an update on the status of your file. This will enable us to concentrate our resources on making progress with the complaints received.
We have taken on extra staff and assure you that all existing complaints are being worked on as quickly as possible. If we require further information we will let you know, and once we are able to give a response on your complaint, we will communicate this to you as soon as possible.
The time taken to respond is also affected by third parties, such as your airline. Often we are unable to respond to you until they respond to us. If we need to chase an airline for a response, we will keep you informed.
If you have further documents to s_ubmit with regard to your complaint, these can be submitted in two ways, via email, for case files starting with a reference 154-XXX , 155-XXXX 156-XX or similar.
For reference numbers of six digits starting with a 2XXXXX, 3XXXXX, 4XXXXX or similar, you would need to use our online portal, ensuring that you give your existing complaint reference in the subject line. You should do this by replying to the initial acknowledgement letter sent to you by clicking the Email us about the case link.
If you no longer have that original email, please call 0207 453 6888 and choose option 5 for help.
We will match any documents received by email to your complaint. Unfortunately we are unable to confirm receipt of each new piece of information.
We thank you for your patience. We assure you that your complaint does matter to us and we will be in touch as soon as possible.
Yours sincerely


Monica Bonello
Secretary
Regulatory Policy Group
Civil Aviation Authority
Room 401
CAA House, 45-59 Kingsway, London WC2B 6TE
Telephone: 020 7453 6888 Fax: 020 7453 6754
http://www.caa.co.uk

I first wrote to them on 21st March 2013, 4 months ago!
If this ever gets sorted I'll be buying some bunting.

[supermac9]

Re: Flight Cancellation compensation

A quick update - I wrote back to Jet2 on 08.11.13 asking them to revisit my claim, mainly in light of the judgement by senior Judge Platt in Huzar-v-Jet2.com. It is likely that this could move things forward for claimants held up by Jet2 and their strange idea of what extraordinary circumstances are.
His Honour Judge Platt has basically told Jet2 that technical defects which develop in-flight cannot be deemed extraordinary circumstances, and that they have a duty to resolve such issues as they are firmly in the control of the airline.
On a similar theme, looks like Jet2 just can't keep out of the news - http://www.dailymail.co.uk/money/hol...ght-delay.html

[supermac9]

Re: Flight Cancellation compensation

No sooner do I think that things could be looking up, but I discover today that Jet2 have appealed this judgement - they are backed into a corner and have adopted a high-risk 'come out fighting' strategy, which is likely to do no more than delay matters (if they actually get their appeal). If it goes against them, they (and others) are wide-open to paying out on outstanding claims.
Looks like a lot more waiting and seeing with this - I've already had an acknowledgement from them saying they will review my case, but again, I expect I already know their response.

[supermac9]

Re: Flight Cancellation compensation

Quick update - I've received the attached reply from Jet2, which basically says:
1. The technical fault which caused the delay was an 'extraordinary circumstance'
2. That any court action will be held up by their appeal against the Ronald Huzar -v- Jet2.com (which they know will automatically allow my claim).
This is no more that delaying the inevitable, but we will see.
I really like their final line where they say that they hope that they can welcome us back to travel with them in the future! Nice to see that they have a sense of humour.

[panther12]

Re: Flight Cancellation compensation

I recently had a good result with Cathay Pacific for a delayed flight back in Dec 2007 for our party of 3 travelling heathrow to Hong kong. I only started the ball rolling last month and was close to the 6 year limitation so at to act fast. I sent an LBA giving 14 days, got no reply so followed up with a final "pay up by 4pm Monday or else". Was preparing the court form when a letter hit the mat that following Monday offering full amount. With it so close to being SB I did expect cathay to put up a fight or try and delay things but Hats off to them they held their hands up and didn't try hide behind 'extraordinary circumstance'.

[supermac9]

Re: Flight Cancellation compensation

Well done, and good to see Cathay Pacific doing the right thing, if only Jet2 would do the same. They don't seem to understand the longer term implications of digging in and fighting every claim - because of the way they have behaved, I would never use them again, and if I do win compensation, I'll do my best to spread the word far and wide.

[panther12]

Re: Flight Cancellation compensation

Good luck supermac, I didn't realise they were now appealing the Huzar judgement and trying to stay cases. Let's hope this comes back to bite them hard.

[supermac9]

Re: Flight Cancellation compensation

My understanding is that a hearing to decide if they will be given permission to appeal will take place between 8th and 29th January 2014 - it is possible in the meantime that cases will continue to be heard in Court, and it doesn't automatically mean that they will be granted a stay (although I expect that Courts will delay decisions until after this by whatever means).

[supermac9]

Flight Cancellation compensation

Ronald Huzar-v-Jet.com judgement, 15th October 2013, attached.

[supermac9]

Re: Flight Cancellation compensation

Change of date for Jet2's 'permission to appeal' hearing - now delayed until 4th March.
http://casetracker.justice.gov.uk/li...se_id=20133277