Flight delay and cancellation compensation, Flybe ONLY

I've just had an email from FLYBE regarding a cancelled flight and compensation claim, its been refused due to the following reasons, which they state falls under exceptional circumstances -

"Flight BE3175 on the 14th February 2013 was cancelled due to the weather in Amsterdam which caused long delays and due to Paris Charles de Gaulle curfew the decision to cancel the flight has been taken."

All we were told at the time of cancellation was that the flight had been cancelled due to operational reasons. Are FLYBE's reasons legitimately "exceptional circumstances"?

Can someone please let me know if I have a case here?

Latest letter from BA/Flybe states:

"As previously advised to you the aircraft en-route to Charles de Gaulle on the 26 June 2007, developed a technical fault. This fault was a hydraulics failure with the warning being received in the cockpit by the Captain. Safety is of paramount importance and therefore the aircraft made a precautionary emergency landing at Exeter Airport.

Once on the ground Engineers attended the aircraft and found a leak in the nose landing hydraulic pipes. Repairs were affected and the aircraft brought back into service. This resulted in the late arrival of the aircraft into Charles de Gaulle and subsequently the late departure of your flight.

In view of the nature of the problem, this cannot be foreseen nor can it be avoided by regular maintenance. The ruling does state that the carrier will be excused from the obligation of compensation if it can prove that the delay was caused by extraordinary circumstances that could not be avoided even if all reasonable measures are taken.

For example some faults that are classed as extraordinary would include, faults discovered just before flight or during flight, damage to the aircraft caused by bird-strike, ground damage.

As previously stated, the cause of the delay was due to the flight being forced to divert having experienced a hydraulics failure in flight. This could not be foreseen and does therefore fall under the extraordinary circumstances clause."

My flight was cancelled, not delayed, btw. They got the date wrong too.

To clarify: It was the flight from Cardiff to CDG which was diverted to Exeter which caused my flight from Cardiff to CDG to be cancelled!

I have read the FAQ, also, btw. Just looking for opinion...

Sorry,

I was waiting in Paris to board the plane, to take me home to Cardiff.

The place was coming from Cardiff to Paris to pick us all up, and then had to divert, before being cancelled.

Having read the arguments about 'extraordinary circumstances'. Could someone please advise me as to whether I have a valid claim or not.



Flybe sent me a text on the evening before my return flight from Ireland in September 2007.

The text just said 'Flight tomorrow cancelled, contact us for more information'

After hours in a queue on their phone line I was told there was a problem with the plane, and that they had sent me an email with more details.

I pointed out that I was on holiday in Ireland. and didn't have access to the internet - their reply was sorry nothing else we can do. They went on to say that they expected the vast majority of the following day's flights would be back to normal, but to ring them before travelling to the airport.


I wasn't able to actually see the e-mail until I got home 4 days later.

I did complain at the time, but Flybe said it was beyond their control and basically weren't interested.

Hopefully someone can tell me what to do now.