Jet2 - Caught up in NATS issue *** Settled JET2 paid out ***

[Isiris]

I have this morning returned from Rhodes following 11 days holiday. 

We were due to fly home from Rhodes on Wednesday @23:55 but we were allowed to get to the airport and when we got there, we received a text message that said

Your flight has been delayed due to unforeseen operational issues. 

The flight in fact was not delayed, we were just denied boarding. They boarded another group of passengers who had had their flight cancelled. The flight took off and landed as advised on their website. 

We was put up in a hotel and then we tried again the next day where our flight was due to leave at 23:15 and we took off at 01:45

As our flight was not cancelled, they just chose to fly a different set of passengers, are we entitle to compensation under EU261

[honeybee13]

Hi.

I'm sorry you haven't had any replies yet. We have a member here, @Kyosanto who's very good on travel and aviation rules, hopefully he will pop in if he's around. 

I did post up an article from the Independent in the travel stickies section the other day but I can't post a link from my phone. 

HB

[Kyosanto]

Hi there, this is an open and shut case.

• You are due £350 (Assuming your home airport is indeed in the UK) for denied boarding under EC261. As your flight actually operated, you you were denied boarding, and there are no exceptional circumstances here for the airline to not pay you. You need to file an EC261 claim with them. Please let us know what airline it was.
• In addition it seems like you spent 24 hours extra in Rhodes. Hope you enjoyed the day? The airline already paid for the hotel so that's good. They also owe you all meals expenses from that day, as well as transport from/to the airport, so if you are out of pocket for this you need to gather your receipts and bank statements and claim for these separately from the above, under duty of care.
• In addition to the above two claims, you may have an additional £350 claim for your next flight being late. But here the departure time does not matter, it is the arrival time, and it needs to have arrived 3 hours late for you to be able to claim. Do you remember the exact arrival time?

[honeybee13]

Thank you Kyosanto, that's very clear.

Isiris, please let us know how you get on.

HB

[Isiris]

Thanks for the exact and concise reply; much appreciated. 

The flight return landed at 01:30 so we were not more than 3 hours late on arrival. 

Again, many thanks and sorry it took a while to reply. 

I will file the claim and then advise how we go ;) 

[Isiris]

Thank you. I have just submitted my claim and noticed something. 

Ill put the relevant flight numbers down

When we were supposed to fly back from Rhodes, we were flight number LS820. The next day we flew out as LS4820 (They added a 4)

I have just checked the flights from Rhodes the night we were supposed to fly home and the same again, LS820 was "Cancelled" but flight LS4820 (which was the same actual plane as I did check) flew out. 

Does this make any difference?

Thanks again

[Kyosanto]

Hey, so this one is going to be intresting I think.

The 4 letter flight number is an emergency flight code, so Jet2 did in fact cancel your flight and replace it with an emergency flight that was taking the pax from the day before you instead of you. And you got taken the day after in another emergency flight, which presumably "stole" the seats from the pax scheduled to fly that day etc...

Looks like Jet2 cancelled LS820 on the 29th, 30th, and 31st, before returning to normal.

Now the NATS issue has already been deemed an "exceptional and unforeseeable circumstance" and therefore any passengers who were on flights on the 29th do not get the compensation. Whilst on the 30th the issue had already been resolved, I'm sure JET2 will argue that the flights cancelled on the subsequent days were an unavoidable domino effect.

Jet2 could  probably have operated your flight normally. In that case the people who got cancelled on the 29th would potentially have had to wait for a really long time for free seats. Instead, Jet2 chose to reschedule everything for a few days, so that people go home in order.

If I think about it, it seems a fair way of doing things, but it's also possible they did this to avoid paying other airlines to bring ppl home. What would a judge decide in this case, I don't know. You would have to see if there is a precedent.

Anyway you did the right thing which is to file the claim. Now you can wait for the airline's response.

Note that this only affects your £350 compensation. The duty of care is fully payable regardless of everything else.

Keep us updated of the response!

[Isiris]

Afternoon

Received an email from Jet 2 this morning confirming that they will be paying £350 per traveller, the 3 hotel rooms I booked and the taxi fairs too and from the hotel. 

Excellent result   and thank you

[dx100uk]

well done and thank you too @Kyosanto

please consider a donation to keep us here

everyone is a volunteer

we dont get paid

but our hosters and isp dont understand

dx

 

[AndyOrch]

18 hours ago, Isiris said:

Afternoon

Received an email from Jet 2 this morning confirming that they will be paying £350 per traveller, the 3 hotel rooms I booked and the taxi fairs too and from the hotel. 

Excellent result   and thank you

What about your court claim issuance fee ? Have you discontinued the claim with the court or informed them it been settled ?

 

Andy

[Isiris]

9 hours ago, Andyorch said:

What about your court claim issuance fee ? Have you discontinued the claim with the court or informed them it been settled ?

 

Andy

Sorry Andy. The "Claim" I referred, was with Jet2, not anything a CC.

Thanks

[AndyOrch]