Flight delay and cancellation compensation, Flybe ONLY

JPears · 21 January 2015 at 11:48AM

Alas "by law" ie commencng legal action is your only recourse.
Despite the protestations of the CAA, the airline can choose to ignore you.
But they can't ignore a court summons, with repercussions.

*cogs* · 21 January 2015 at 12:54PM

I have responded disputing the validity of their internal review delaying my rightful compensation claim. I have said if no compo is forthcoming, I will explore legal options.

This is a new world to me, and amazed at what i'm reading across the various threads. I understand airline reluctance to pay up, but the responses i've had so far show so little empathy to the original delay and the impact is had on myself (and i'm sure many others).

JPears · 21 January 2015 at 1:25PM

cogs - welcome to the "dark" side of the airlines.
ie we don't care, go away. And possibly the majority do, thinking surely big business can't be misinforming me deliberately with specious excuses and procrastination.

msnigella · 22 January 2015 at 6:43PM

Received the reply below from Flybe today following my NBA (sent via email and post). The reply makes it clear that they have no intention of paying up, do I still wait until the date I gave them (2nd Feb) before starting small claims process?

Thank you for your email　dated the 19th January 2015　in response to our correspondence of the 15th January 2015.

We understand that you may be advising Flybe of a pre-action notice. We would always welcome that our customers seek independent legal advice on such matters. You may also be assured that Flybe have advised and updated the CAA of our position and will continue to do so as we work on claims where extraordinary circumstances potentially applies.

We would like to draw your attention to the fact that Flybe are also staying claims brought against us through legal action and we currently have claims already stayed with the courts. Therefore with costs in mind you may be assured that Flybe does hold your contact details on record and we will be in touch with another update as soon as we can.

Once again many thanks for your patience whilst your claim is ongoing.

JPears · 22 January 2015 at 7:30PM

Yes to comply with CPR you should wait for the date you set in your NBA.
Their reply to you is just complete waffle and twaddle. Piff, tosh and nonsense as Steven Fry would say....

tchecking_278 · 22 January 2015 at 11:10PM

Well haha - Flybe flight today BE832 flight from Inverness to Birmingham just kept getting delayed (apparently we were later told due to fog affecting the earlier flight)

Flightstats has

Scheduled arrival: 2.20pm
Actual arrival: 5.17pm

So 3 minutes before they were liable for all of our inconvenience - I take my hat off to the pilot and I'm sure he had his "foot to the throttle" for the flight knowing this - The fact we had to 'hold' for a parking space after landing for about 5mins I guess has no bearing on this?

We did all get a £5 voucher at INV to spend - but then again soup was 4.20 or so Also mainly a real ball ache for me as I had to reschedule things

Is there any more accurate way of testing the 3hr rule? Or do I just accept it - I know it's not the end of the world putting things in perspective.

JPears · 22 January 2015 at 11:40PM

Actually the time the clock stops is when the doors open, NOT when you land. So you probably have your 3 hours in the bag.
Claim away.

JPears · 24 January 2015 at 1:12AM

Bumped to the top for noobs

Fifefamily · 28 January 2015 at 3:32PM

Fifefamily wrote: »

Thanks JP - I have requested a copy of the T & C's in force at the time of the booking. Coming up for almost 2 weeks since I requested it! Prior to this they had been very quick to respond!!

The booking confirmation email (Dec 2010), which I still have, does not include full t&c's only a link to the online version - which is obviously the most up to date version.

Vauban - not heard of "wayback" but will try it!

Well I have checked "Wayback" and Flybe amended t&cs in October 2014 to include claims under EU 261/2004 and various other additions. Prior to this it only stated ; -

ARTICLE 16 - TIME LIMITATION ON CLAIMS AND ACTIONS

16.1 Notice of claims
16.1.1 Acceptance of Baggage by the bearer of the Baggage Check without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise. If you wish to file a claim or an action regarding Damage to Checked Baggage, you must notify us as soon as you discover the Damage, and at the latest, within seven (7) Days of receipt of the Baggage. If you wish to file a claim or an action regarding delay of Checked Baggage, you must notify us within twenty-one (21) Days from the date the Baggage has been placed at your disposal. Every such notification must be made in writing.
16.2 Limitations of action
16.2.1 Any right to damages shall be extinguished if an action is not brought within two years of the date of arrival at destination; or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped.
16.2.2 The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.

Therefore as claims under Reg 261/2004 are compensation and not damages I shall continue my pursuit of them.

newtonflotman · 28 January 2015 at 5:40PM

I was supposed to be on a flight BE6878 Manchester - Norwich on Sunday 21st December 2015. The flight was cancelled 30 mins before departure. The incoming flight from Norwich was cancelled also. Not sure why but numbers on both flights were very low. Flybe arranged a coach replacement giving us a 5 hr journey !!! We were supposed to land at 21.15 hrs but the coach did not arrive at Norwich airport until 01.55hrs on 22/12/14. Am I entitled to claim for delay compensation? Lots of forums mention I can, but then mention the alternative transport provided as another flight ( they then quote entitled to refund and compensation). The coach was the only alternative transport offered. I have finally succeeded in getting a full refund after a month !!!! and only after threatening to use Section 27, I also got all my airport taxes and reserved seat payment back. Just wondering as being delayed that much affected work the following day.

Flight delay and cancellation compensation, Flybe ONLY

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free