Flight Delay - Claim?
Discussion
Morning,
Just after some advice, as I'm not sure if I've been fobbed off. I'll try and keep this condensed.
We arrived at the airport to depart for our package holiday (Jet2) last month.
Upon checking in / dropping bagage and going through to the departure area we found that the flight had been delayed by an hour, no issues at this point.
The delay time was increased in increments every 30 minutes or so, until the total delay time was around 4hrs.
An hour before the expected delayed departure, we were informed via SMS that the flight was unable to take place that evening and to make our way back home and await further notification regarding the flight.
We were notified around 4 hours after returning home that the flight had been rescheduled for 9am that morning (around 14hrs after the original flight was supposed to depart).
When we returned from the holiday, I completed a UK261 claim form on the Jet2 website, as we effectively lost a day of our holiday.
Fast forward a couple of weeks, Jet2 have responded stating our claim is null and void due to the fact the flight was delayed due to adverse weather conditions as the plane was diverted on its previous flight. They have classed this as an extraordinary circumstance.
Does this sound right? Not sure if its worth me attempting to pursue further or if its dead in the water.
Many thanks.
Just after some advice, as I'm not sure if I've been fobbed off. I'll try and keep this condensed.
We arrived at the airport to depart for our package holiday (Jet2) last month.
Upon checking in / dropping bagage and going through to the departure area we found that the flight had been delayed by an hour, no issues at this point.
The delay time was increased in increments every 30 minutes or so, until the total delay time was around 4hrs.
An hour before the expected delayed departure, we were informed via SMS that the flight was unable to take place that evening and to make our way back home and await further notification regarding the flight.
We were notified around 4 hours after returning home that the flight had been rescheduled for 9am that morning (around 14hrs after the original flight was supposed to depart).
When we returned from the holiday, I completed a UK261 claim form on the Jet2 website, as we effectively lost a day of our holiday.
Fast forward a couple of weeks, Jet2 have responded stating our claim is null and void due to the fact the flight was delayed due to adverse weather conditions as the plane was diverted on its previous flight. They have classed this as an extraordinary circumstance.
Does this sound right? Not sure if its worth me attempting to pursue further or if its dead in the water.
Many thanks.
They are trying to wear you down.
BA tried this on me once a couple of years ago and folded when I said I was willing to go to court.
I pointed out that dealing with weather was an essential feature of their business and, as delays happened frequently on the route in question, they could not claim unpredictability or a one-off event, and that a court would be very sympathetic to the argument that a well-run business should have a considerable degree of resilience built into its operational model.
BA tried this on me once a couple of years ago and folded when I said I was willing to go to court.
I pointed out that dealing with weather was an essential feature of their business and, as delays happened frequently on the route in question, they could not claim unpredictability or a one-off event, and that a court would be very sympathetic to the argument that a well-run business should have a considerable degree of resilience built into its operational model.
AlexGSi2000 said:
Jet2 have responded stating our claim is null and void due to the fact the flight was delayed due to adverse weather conditions as the plane was diverted on its previous flight. They have classed this as an extraordinary circumstance.
Reasonably sure you can call BS on this one.A different flight was delayed due to bad weather. That weather is beyond Jet2's control so passengers on that flight wouldn't be entitled to compensation.
But you weren't on that flight and your flight wasn't impacted by bad weather. The only reason you didn't fly was because Jet2 didn't supply a plane - and I'm reasonably sure the "why" they didn't supply one is not relavent to your claim.
Its a classic tactic used by the majority of airlines. It gets rid of 50% of people on the first hit. The other 50% will argue the toss and either settle for a small pay out and the rest will get the full compo.
This reduces their compensation costs a lot, so its worth them getting peoples backs up - thats how they see it anyway.
Stick to your guns and follow through.
This reduces their compensation costs a lot, so its worth them getting peoples backs up - thats how they see it anyway.
Stick to your guns and follow through.
Evening,
Many thanks for the responses and the advice, very helpful.
So I could see the historical flight data, I have subscribed to Flightradar24 - I often use it when I hear unusual planes going overhead, so it was a long time coming.
The flight that Jet2 are referring to that diverted was LS3225 (Lanzarote to Funchal), this was then meant to be heading to Liverpool from Funchal for our flight.
I can see from the flight playback that at 14:22UTC the flight was diverted on approach, it looks like it was lining up but around a mile from the runway, it diverted to Faro.
There isn't much air traffic around that time, however around 16:00UTC there are around 6 aircraft in the holding pattern, with only one landing - all the others divert, which confirms the weather.
Earlier on in the day, around 10:00UTC there were multiple planes in the hold / diverting, this was hours before LS3225 took off, so I am assuming they were well aware of the weather situation.
I'm currently drafting a response, but just wanted to elaborate on the response I had from Jet2.
They have stated that they intended to operate the flight once the aircraft returned from Faro, however due to suspected damage during the diversion the aircraft was required to undergo a mandatory safety inspection before it could to return to service. This therefore meant the crew no longer had sufficient flight duty time to return to the UK.
"Adverse weather conditions are an extraordinary circumstance under the relevant law, and your claim is therefore unfortunately not eligible for compensation".
Going off Flightradar 24, the flight landed in Portugal at 15:47UTC - we had checked into Liverpool around an hour before this, however we had been waiting in departures until 17.30UTC before we were informed the flight had been cancelled.
@//j17 - your point sounds very valid.
Many thanks for the responses and the advice, very helpful.
So I could see the historical flight data, I have subscribed to Flightradar24 - I often use it when I hear unusual planes going overhead, so it was a long time coming.
The flight that Jet2 are referring to that diverted was LS3225 (Lanzarote to Funchal), this was then meant to be heading to Liverpool from Funchal for our flight.
I can see from the flight playback that at 14:22UTC the flight was diverted on approach, it looks like it was lining up but around a mile from the runway, it diverted to Faro.
There isn't much air traffic around that time, however around 16:00UTC there are around 6 aircraft in the holding pattern, with only one landing - all the others divert, which confirms the weather.
Earlier on in the day, around 10:00UTC there were multiple planes in the hold / diverting, this was hours before LS3225 took off, so I am assuming they were well aware of the weather situation.
I'm currently drafting a response, but just wanted to elaborate on the response I had from Jet2.
They have stated that they intended to operate the flight once the aircraft returned from Faro, however due to suspected damage during the diversion the aircraft was required to undergo a mandatory safety inspection before it could to return to service. This therefore meant the crew no longer had sufficient flight duty time to return to the UK.
"Adverse weather conditions are an extraordinary circumstance under the relevant law, and your claim is therefore unfortunately not eligible for compensation".
Going off Flightradar 24, the flight landed in Portugal at 15:47UTC - we had checked into Liverpool around an hour before this, however we had been waiting in departures until 17.30UTC before we were informed the flight had been cancelled.
@//j17 - your point sounds very valid.
Edited by AlexGSi2000 on Monday 13th July 23:56
Hmm, whilst I do sympathise with the airline a little bit in so far as the aircraft was damaged and couldn’t leave Faro that’s a them not you problem, by that point they already knew they’d need an alternative crew if not aircraft as well.
The core issue wasn’t weather, had it just been weather that aircraft could have left Faro for Liverpool at ~1630z arriving into Liverpool around 1900z (2000 local) and been good to go by 2100 to get you where you were going. It was the technical issue that was the problem. Worth going to the ADR.
The aircraft you ended up flying on was repositioned from Leeds Bradford which is what should have happened on the 8th you could argue.
The core issue wasn’t weather, had it just been weather that aircraft could have left Faro for Liverpool at ~1630z arriving into Liverpool around 1900z (2000 local) and been good to go by 2100 to get you where you were going. It was the technical issue that was the problem. Worth going to the ADR.
The aircraft you ended up flying on was repositioned from Leeds Bradford which is what should have happened on the 8th you could argue.
Just for future reference https://www.flightera.net has historical flight info without a subscription.
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