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Page 26
    • xxdiddiexx
    • By xxdiddiexx 23rd Mar 17, 7:12 PM
    • 315 Posts
    • 88 Thanks
    Having a quick scan of Vaubans Guide, the Eglītis case seems to be not too dissimilar to this one.

    The appellants in the main proceedings submit that the reason for the cancellation of the flight was not the closure of Swedish air space but rather the expiry of the permitted working hours for the crew of that flight. They do not dispute that the closure of Swedish air space, following failures in the power supply, qualifies as ‘extraordinary circumstances’ beyond the airline’s control. In their opinion, that event explains only the initial flight delay, namely between 20.35 and 22.45. The decision to cancel the flight was made at 22.45 because the permitted working hours of the crew were insufficient to complete the flight in its entirety.

    The Eglitis Judgement Point 15
    • Tyzap
    • By Tyzap 23rd Mar 17, 9:23 PM
    • 739 Posts
    • 399 Thanks
    Thanks for those details.

    Did you check with the online flight delay calculators? It is helpful to know if they would be willing to take on your case.

    If you were sat on the plane during the delay did you notice if it was a propeller aircraft or a jet?

    Jets need a much longer runway to take off than a prop aircraft, and as they state that there was some kind of restriction on the runway length, following the repair, this may be of relevance. However, you state that you friends BA flight did take off to LHR, all be it late, and this would more than likely have been an Airbus jet aircraft. So why would that aircraft have been able to take off but not yours! A bit contradictory.
    Further, London City Airport only has a short runway and is restricted to certain types of smaller aircraft. Contradictory again.

    The runway was only closed for 1.35 hours. That's not a long time and Flybe could have still operated the flight within the 3 hour compensation window. The question is why they didn't. The reason cannot only be because of the hole in the runway. This is a question that they may not be too willing to answer until the disclosure stage of litigation.

    If other airlines were able to operate normally after the runway was repaired, why did Flybe not? Whatever the answer to this is, it cannot be an EC.

    It's an interesting one.

    Good luck.
    Last edited by Tyzap; 23-03-2017 at 10:53 PM. Reason: Typo
    Please read Vaubans superb guide.
    • xxdiddiexx
    • By xxdiddiexx 23rd Mar 17, 10:03 PM
    • 315 Posts
    • 88 Thanks
    It's a propeller plane. I fly quite regularly between LCY and Aberdeen. The flights rarely leave on time and this cancellation and their attitude was the straw that broke the camels back.

    I will try one of the online companies. Thabkbyoubfor your replies it has been a great help getting someone else's opinion.
    • xxdiddiexx
    • By xxdiddiexx 23rd Mar 17, 10:55 PM
    • 315 Posts
    • 88 Thanks
    According to Bott & Co I could be entitled to compensation, so I have submitted a claim. Will keep you posted!
    • JPears
    • By JPears 20th Apr 17, 2:22 PM
    • 2,776 Posts
    • 780 Thanks
    bumped back up
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • DailyClicker
    • By DailyClicker 27th Apr 17, 3:45 PM
    • 481 Posts
    • 166 Thanks

    I've taken a look at Vauban's Guide and it states that "meteorological issues must affect the flight concerned (rather than earlier flights)"

    Here's a little bit of detail about my case -

    The inbound (previous) flight from Dublin to Southampton (BE384) was cancelled, meaning there was no aircraft available for my flight so it was cancelled, and I had to fly the following day.

    Some flights were able to depart from Southampton at a similar time to my original flight time as the weather had improved.

    1) Is there a way to access historical weather reports or to see if ATC imposed a restriction in the flow of traffic, which Flybe might use as a defence?


    Flybe replied :

    I can confirm flight BE385 was cancelled due to adverse weather conditions in Southampton, specifically strong gusts of wind and rainy periods earlier in the morning. This is classed as an extraordinary circumstance and is therefore out of Flybe's control.


    How would you advise proceeding?

    • JPears
    • By JPears 27th Apr 17, 3:56 PM
    • 2,776 Posts
    • 780 Thanks
    Usually not until you get to court. But you could contact Southampton airport. Did the weather affect Southampton, or Dublin?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Groggwire
    • By Groggwire 3rd May 17, 6:29 PM
    • 1 Posts
    • 0 Thanks
    FlyBe have agreed 250 euro each for 3 of us affected by a recently cancelled flight that I booked on my credit card. My 2 travel companions have a different surname to me and FlyBe say they have to claim separately. One of them doesn't even own a credit card.

    Is this right, or is it just more unnecessary delay and complication?
    • Caz3121
    • By Caz3121 3rd May 17, 9:21 PM
    • 10,359 Posts
    • 6,780 Thanks
    Compensation is payable to the passenger irrespective of who paid for the flight. You do not have to have a credit card to receive compensation, they would be paid by bank transfer or cheque
    • Trow
    • By Trow 18th May 17, 3:59 PM
    • 2,259 Posts
    • 2,588 Thanks
    There was a tech problem with the aircraft I was supposed to be travelling on, the flight was then cancelled and another put on for the following morning.

    The morning flight was then delayed by two hours as the part had gone to the wrong airport, and we left once it was fixed.

    BUT when we were on the flight the captain announced that there had been a tech problem, then they had to cancel the flight due to fog at our destination airport - it turns out that this was correct, but had we departed on time then we would have been able to land.

    So they will argue that the flight was cancelled due to weather, I am guessing, whereas in reality had the aircraft been serviceable it would have been fine - and the fact was it wasn't fixed until the following morning.

    Chance? Slim to none?
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