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flight delay

Gateshead, United...
posts: 4
flight delay

me my wife who was 7 month pregnant and my 6 year old were delayed for just under 6 hours at palma airport , we were flying with jet 2. I aplied for compensation and the repley i got back was.

that jet 2 are a non refundable airlne and regrettably,we are unable to refund the cost of the flights which was already flowen. as the delay was over 5 hours,the custonmer informtion bullitongave the option torecive a full refund for customers not to fly,how ever you flew on the flight so we cant offer a refund.

as for compensation under reg261/2004o on investegation extraodinary circumstances led to the delay of your flight.as the delay was caused by an unexpected flight safty shortcoming consequently there is no entitlement.

the reason we got at the time was that the portable stairecase crashed into the side of the plain causing it to need fixing,but jet 2 would of got compensated off the airport for thousnds and we only got £8 lunch voucher

#any one else had the same problem of any advise thanks

Llandudno North...
posts: 2,582
reviews: 17
1. Re: flight delay

If a mobile staircase did hit the aircraft and caused a safety concern, why do you expect compensation?

They could not have prevented it, predicted it or stoppped it happening.

So it was an extraordinary circumstance.

You were issued with your meal vouchers, you should also have been offered 2 phone calls and given a leaflet on your rights.

From the facts you ve given they seem to be correct. There is no case to answer.

:-)

Leyland, United...
Destination Expert
for Playa Blanca
posts: 21,784
reviews: 42
2. Re: flight delay

I can't see that was within the airlines control somehow, so not sure why you think you are entitled to compensation.

Madrid
posts: 2,733
reviews: 7
3. Re: flight delay

Family-Parry is incorrect and this will not count as an extraordinary circumstance.You will need to make a claim with Jet2 under EU261/2004.

You may need to take them to the small claims court,but ultimately you will get your money.

Leyland, United...
Destination Expert
for Playa Blanca
posts: 21,784
reviews: 42
4. Re: flight delay

Why isn't it an extraordinary circumstance?

Bangkok
Destination Expert
for Bangkok, Air Travel, Thailand
posts: 13,939
reviews: 71
5. Re: flight delay

Hi,

I see this as being a toss-up.. If the stair case was owned or operated by the carrier or their appointed agent, then I think that was something that was their control-- be that directly or indirectly.

In contrast, if the unit wasn't their property and wasn't operated by their direct employees or agents, then I think there's an argument for it being extraordinary as they would have had no control- direct or otherwise-- as to it's operation.

Travel Safe,

6. Re: flight delay

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Leyland, United...
Destination Expert
for Playa Blanca
posts: 21,784
reviews: 42
7. Re: flight delay

<<24 Oct 2012

Airlines must pay compensation for flight delays>>

Compensation is not payable for extraordinary circumstances. It will depend on whether a judge thinks an aircraft being hit by the stairs is extraordinary or not.

Madrid
posts: 2,733
reviews: 7
8. Re: flight delay

Why isn't it an extraordinary circumstance?

Because the Airline made no effort to re-route,subcharter or find any way to get the passengers home other than waiting.

The judges just ruled on a Ryanair case,and have ruled that even the volcanic ash cloud did not count.

Leeds, United...
Destination Expert
for Leeds
posts: 8,049
reviews: 130
9. Re: flight delay

If it goes to court isn't on a case by case basis?

Llandudno North...
posts: 2,582
reviews: 17
10. Re: flight delay

Family-Parry is incorrect and this will not count as an extraordinary circumstance.You will need to make a claim with Jet2 under EU261/2004.

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As GOPBI said this will be a toss up on who owned the staircase and Im pretty sure JET 2 dont own their own ground staff and they are run by a 3rd party meaning they had no control over it.

Sintok, maybe next time just a link if your going to make such a long copy & paste!!

:-)