Delayed Flight

[Robin9]

Can anyone help with a claim for a delayed flight please?

Our flight was delayed by almost four hours, well inside the compensation framework, due to a "paperwork issue" which the pilot confirmed multiple times. The airline meanwhile, sent us a text to say that it was a "medical emergency", which it clearly wasn't. The pilot, so-say, attempted to take off about an hour into the delay but then returned to a stand still - this is a well known tactic used by pilots and airlines to try and get out of the three hour delay framework. Jet2 have rejected my appeal, claiming it was for "extraordinary circumstances" and passengers arriving late/Air Traffic Control issues. Neither is true as no other passengers were allowed on the plane during the delay. I am going to fight this and have responded initially but I'd like to know what more I can do to get a successful outcome please. Thanks in advance.

[echat11]

How did pay?

If you paid by debit card, then you may claim through a Chargeback.

Gather evidence, send Jet2 a Subject Access Request, see what information they provide.

https://legalbeagles.info/library/gu...ccess-request/

[Robin9]

Thanks for your response. We paid via debit card.

What evidence would I need to gather in this case? We didn’t get any other passengers details or take any video or pictures or anything.

i will submit a subject access request with them.

thanks

[echat11]

Thanks for your response. We paid via debit card.

What evidence would I need to gather in this case? We didn’t get any other passengers details or take any video or pictures or anything.

i will submit a subject access request with them.

thanks

You need to make your case, prove what you say happened. You say it's a well known tactic, see if you can find evidence on other Jet2 flights, you are building evidence to present to your card provider.

Google might be your friend here, type the name of the airline, complaint, then words that apply to your flight i.e. destination, etc.

People are always posting their experiences, Google reviews, Trustpilot, Facebook, Twitter, Instagram etc.

[Robin9]

Thanks again for your help.

This has been their response - which still contradicts what the pilot announced while we were stuck on the runway.

Thank you for your further correspondence.

Firstly, please allow me to reiterate my apologies for the delay to your flight and any inconvenience this caused.

I have taken the opportunity to review your claim and I must maintain that your flight was initially delayed by 57 minutes as a result of passengers not arriving at the gate and Air Traffic Control restrictions. Unfortunately, the flight was further delayed for operational reasons and departed as soon as possible to Kos.

When following Peskova vs Travel Services, where a delay has multiple causes, the duration of the delays caused by “extraordinary circumstances” should be deducted from the total length of the delay. If the remaining period is less the three hours, a claim is not eligible for compensation.

As such, when the issues that can be categorised an extraordinary circumstance, which in this case was the late arrival of passengers and Air Traffic Control restrictions is deducted from the total delay to the flight, the remaining delay caused by non-extraordinary factors is under three hours. For this reason, we can only maintain that compensation is not payable.

If you don’t agree with our decision, you can appeal to the Civil Aviation Authority’s Passenger Advice and Complaints Team (PACT) at: www.caa.co.uk/passengers/resolving-travel-problems/how-the-caa-can-help/how-the-caa-can-help/.

Thank you once again for taking the time to contact us and I hope that we can welcome you on board in the future.



When I respond to this to submit a Subject Access Request - do I need to request certain information etc? I'm just not sure how to word my response back to them. I will search the internet for evidence and also try to find some fellow passengers from our flight as witnesses.

Many thanks.

[echat11]

Send the Subject Access Request in post 2.

Gather information from reviews etc.

You might get the possibility of contacting other passengers who left reviews / via their social media.

Once you get the requested information, then you can write a response.

[PallasAthena]

I'm not sure what a SAR would disclose about the causes of the delay.. Did you have something specific in mind?

[echat11]

I'm not sure what a SAR would disclose about the causes of the delay.. Did you have something specific in mind?

SAR's can surprise, you just don't know until you get the information and go through it.