Flight Cancellation compensation

[basa48]

Re: Flight Cancellation compensation

Checked the distance - it was 2060km, so I've asked for 2 x 400euros.
Delay caused by a fault with the radio if I remember correctly - they had to get one brought in from another airport because they couldn't fix it and didn't have a replacement available. I think this was something well within their control, but I'll see how they respond. I expect them to try to wriggle out of it.

I would be a help if you had this reason for the delay in writing. I know United have an email address that confirms all delays / cancellations (and hints at the reason), I don't know if Jet2 have something similar or if you can get them to confirm the reason.

[supermac9]

Re: Flight Cancellation compensation

I've had a quick look for this information but can't seem to see anything - I can recall that there were several announcements at the airport about the radio being faulty, so I expect they will struggle to deny it.

[basa48]

Re: Flight Cancellation compensation

I've had a quick look for this information but can't seem to see anything - I can recall that there were several announcements at the airport about the radio being faulty, so I expect they will struggle to deny it.

You could try phoning or emailing their customer services and explain that you wish to make a claim with your insurers, but they are insisting on written proof of the delay and confirmation it was not due to act of God (or other not insured circumstance).

[fileydave]

Re: Flight Cancellation compensation

I have just started the claims "process" for a BA flight delayed over 5 hours leaving Tampa

BA initial response was very sorry but we aren't paying you even though they admit the flight was late for technical reasons

Have written to the CAA using a very good template on the MSE site

Am not holding my breath for a positive response from the CAA

Surprise surprise a letter from BA saying a cheque for 600 Euros each is in the post

[basa48]

Re: Flight Cancellation compensation

Surprise surprise a letter from BA saying a cheque for 600 Euros each is in the post

Well done matey, quick as well.

I think in my case United, being a US company thought they could avoid paying being out of EU jurisdiction, but must have forgotten they still have offices in the UK !!!

[supermac9]

Re: Flight Cancellation compensation

Well done, a rare result by the look of things. Gives me renewed hope.

[supermac9]

Re: Flight Cancellation compensation

Not unexpectedly, hopes dashed by Jet2.
Their reply (or the important bit) is as follows:

"Turning to your request for compensation under Regulation 261/2004, while Jet2.com endeavours to arrive on time, you will no doubt appreciate that we have occassions where this is not possible. On investigation, extraordinary circumstances led to the delay of your flight. Compensation for delays caused by extraordinary circumstances are excluded under Regulation 261/2004. More specifically the delay was caused by an unexpected flight safety shortcoming. Consequently, there is no entitlement to compensation on this occassion".

This looks like a totally standard response, and I expect most other Jet2 customers will have received an identical letter. I expect they are doing no more than delaying the process - the lack of any detail in the letter about the cause (a radio that wasn't working, couldn't be repaired and had to be replaced by one from another airport).
I will now use the MSE template to take this to the CAA - will post updates.

[basa48]

Re: Flight Cancellation compensation

Not unexpectedly, hopes dashed by Jet2.
Their reply (or the important bit) is as follows:

"Turning to your request for compensation under Regulation 261/2004, while Jet2.com endeavours to arrive on time, you will no doubt appreciate that we have occassions where this is not possible. On investigation, extraordinary circumstances led to the delay of your flight. Compensation for delays caused by extraordinary circumstances are excluded under Regulation 261/2004. More specifically the delay was caused by an unexpected flight safety shortcoming. Consequently, there is no entitlement to compensation on this occassion".

This looks like a totally standard response, and I expect most other Jet2 customers will have received an identical letter. I expect they are doing no more than delaying the process - the lack of any detail in the letter about the cause (a radio that wasn't working, couldn't be repaired and had to be replaced by one from another airport).
I will now use the MSE template to take this to the CAA - will post updates.

I would check out paras 24 through 43 of the 'Friederike Wallentin-Hermann v Alitalia' judgement. It tries to explain what is or what is not 'extraordinary circumstances'.

I think you should challenge them to detail the exact reason for the 'flight safety shortcoming'.

[supermac9]

Re: Flight Cancellation compensation

Letter using the MSE template sent to the CAA yesterday - will post updates.

[supermac9]

Re: Flight Cancellation compensation

Acknowledgement from CAA received yesterday - standard response saying that because of the high number of complaints coming their way, it takes them 8 weeks to respond. I'm two weeks into this, so I expect a reply by mid-May.
Do I sit tight and wait for them, or is there anything I should be doing in the meantime?

[basa48]

Re: Flight Cancellation compensation

Acknowledgement from CAA received yesterday - standard response saying that because of the high number of complaints coming their way, it takes them 8 weeks to respond. I'm two weeks into this, so I expect a reply by mid-May.
Do I sit tight and wait for them, or is there anything I should be doing in the meantime?

I would persist personally.

Advise Jet2 this has been passed to the CAA and also push them to define their extraordinary circumstances, to wit the 'unexpected flight safety shortcoming'. That is obviously a 'crock' to get around the legislation.

[supermac9]

Re: Flight Cancellation compensation

I've had an acknowledgement from Jet2 following my latest contact with them asking for the specific reason for the delay - it looks like one of their general delay tactic letters, "we are sorry that you are still unhappy etc..".
Still no word from the CAA yet - I expect they are snowed under, but it's been 8 weeks since I first contacted them so I'll be giving them a chase.

[basa48]

Re: Flight Cancellation compensation

Time perhaps for a Letter before Action:

Dear Sir/Madam,



Letter Before Action

Cancelled/delayed flight number: *************
Date: **/**/****
Passenger names: *******************
Airlines Booking reference: ********
Claim ID: *********** (if you have one)

We wrote to your Customer Care Department in *********** on**/**/**** (copy attached) claiming compensation under EC 261/2004 for the above cancelled/delayed flight and asking for a response within 14 days. Our letter explained that a lack of response would result in the commencement of legal action. To date we have received no response.
We therefore submit a claim for the compensation we are entitled to under EC 261/2004.
This claim is made on behalf of passengers ******************. The EC261 / Art 7 entitlement per passenger is X00 Euros.
Our flight was cancelled/delayed and we were not offered re-routing within the relevant timescales to avoid entitlement to this compensation.
If you seek to advance a defence of this claim we wish to give you a final opportunity to prove this defence to us. The carrier has the burden to prove his defence. We wish to understand and review the merits of the complete factual basis comprising this defence. We also require evidence to support the facts upon which you rely.
We believe 14 days (plus postage) is a reasonable time to do this. We are aware that you regularly employ Solicitors to respond to such grievances and they can presumably be called to assist you in responding to our request in a timely manner.
Please be advised that vague and unsupported attributed causes or reasons may not fulfil this burden of proof.
We are aware of the requirement to make court proceedings a matter of last resort but, unless you cooperate with us fully at this stage to examine the facts upon which you rely, we shall be obliged to commence court proceedings to ask the court to examine the merits of our grievance. We reserve the right to do this after 14 days failing full cooperation and disclosure of your complete defence.
If you fail to cooperate with us fully we would draw your attention to the relevant Practice Direction concerning pre-action conduct to proceedings in the County Court.
We do not believe that there is any relevant alternative dispute mechanism that is available to resolve this matter.
We shall invite the court to consider your conduct in the light of our request in this letter and to consider any relevant award of costs for actions that might be found unreasonable or unnecessary. A request for costs and interest may be included in the demand presented through the Court.
Therefore we request full details of your defence or alternatively provide us with a cheque/Bankers Draught in the amount of €xxx or its sterling equivalent at the time of our cancelled flight - made payable to ********.
If you feel you are not the correct person to whom this letter should be addressed, please forward it without delay to the correct person.
We look forward to hearing from you.


Yours sincerely,

[supermac9]

Re: Flight Cancellation compensation

LBA prepared and on it's way to Jet2.
Will post updates.

[supermac9]

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.