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    • 111KAB
    • By 111KAB 3rd Mar 17, 11:28 AM
    • 3,638 Posts
    • 1,478 Thanks
    111KAB
    Bad news - you should have posted on Flybe thread.


    Good news - although you didn't post on the appropriate thread you are entitled to compensation and to make life easy Vauban has produced a guide (hereinafter known as Vauban's Guide) which explains all. Digest, claim and enjoy your compensation.


    No compensation due for being away from the kids - think most on here would regard that as a benefit rather than a matter an occurrence where compensation due.
    • Redaspen85
    • By Redaspen85 5th Mar 17, 7:50 AM
    • 6 Posts
    • 0 Thanks
    Redaspen85
    Hi there,

    I have claimed compensation for a Flybe flight that was cancelled last April due to crew sickness. An alternative wasn't available until the next day and I chose not to take the next flight?(the next day 8 hours later).

    I wrote a paper letter to them over 4 weeks ago but had no response. How quick are they to reply usually? I didn't put an email address on my letter but should I email them now?

    Thanks
    • Justice13075
    • By Justice13075 5th Mar 17, 12:35 PM
    • 1,013 Posts
    • 425 Thanks
    Justice13075
    Download and read Vaubans guide that's your bible. All explained in the guide
    • jubbliehontas
    • By jubbliehontas 5th Mar 17, 5:03 PM
    • 2 Posts
    • 0 Thanks
    jubbliehontas
    Hi all, am sat in hotel after horrendous evening yesterday waiting in airport for a flight that was supposed to leave at 18.35, it was delayed three times with the projected take off at 11.30pm. At 11 they then said they were cancelling and would put us up in hotel and arrange flight for following day. So my question is I am now catching a different flight arranged by them, but was delayed for a considerable amount of time am I still eligible for compensation. App there plane was late or had issues in Channel Islands and this impacted our travel. At one point they said a new plane was on its way from U.K. To Channel Islands to then come to us in Exeter. Any advice appreciated. It's been a horrid time. I've lost work, had additional expenses and am absolutely nakerd. This is my first weekend away from kids too! The hotel they sent us to asked us to sleep with strangers and swore at us and disabled customers. Please give me some good news! Thanks
    • WPC123
    • By WPC123 5th Mar 17, 5:11 PM
    • 75 Posts
    • 28 Thanks
    WPC123
    jubbliehontas > duplicate post > answer has already been provided!
    • Bobjeffboo
    • By Bobjeffboo 22nd Mar 17, 12:21 PM
    • 2 Posts
    • 0 Thanks
    Bobjeffboo
    Hi all, I've read through vaubans guide and through a lot of posts but none seem to match one so wondering if anyone is kind to offer any guidance on my situation please?

    Due to fly out from London City to CDG Paris on 10 Feb at 9.05. Flight was delayed and eventually cancelled at 10.30. We were offered a refund or to travel to Heathrow for another Flyby flight at 4.05pm. As there were City Jet flights out from City to Orly at 11.35 I asked to purchase that ticket but was offered it free of charge as an alternative. That flight too was delayed (due to the incoming flight) but I eventually ended up in Orly airport at 4pm.

    The Flybe flights were all cancelled due to the fog however all Cityjet and BA flights flew out as they had 'the right type of plane!". Apparently Flybe planes cannot fly in fog. Would this come under the 'extraordinary circumstances'? Just wondered as other planes could fly!!!

    Thanks
    G
    • Alan Bowen
    • By Alan Bowen 22nd Mar 17, 7:07 PM
    • 2,961 Posts
    • 1,491 Thanks
    Alan Bowen
    Fog is generally a good defence, Flybe use very different planes to BA and Cityjet who use jets on those routes. If the plane cannot fly due to weather conditions, there is no claim for compensation, just a duty to look after you during the delay.
    • xxdiddiexx
    • By xxdiddiexx 22nd Mar 17, 7:23 PM
    • 315 Posts
    • 88 Thanks
    xxdiddiexx
    Hi.
    I posted the message below in another thread but thought I'd post here to get your views and let me know if I have a case. Here goes....

    Last year I had a flight cancelled by FlyBe (Aberdeen to London) as there was a hole that had developed in the runway. It was fixed within a couple of hours and airlines began taking off and landing. Except FlyBe, who claimed they were "physically not able to operate this flight with the restrictions imposed for safety reasons, accordingly to the EU261 regulation this is considered to be an extra ordinary circumstance"

    They put us in a hotel miles away and put us on a 7:00am flight, which meant I had to be up at some ungodly hour in order to get to the airport

    They claimed they were not allowed to fly that evening. Then upon further pushing they said they cancelled the flight themselves. I am going around and around in circles with this lot. The case is currently with the Retail Ombudsman who don't appear to be investigating the matter and challenging FlyBe. Instead they seem to be playing postman.

    Has anyone had any experience of dealing with Flybe? Does anyone have any suggestions on what to do next? I feel as though FlyBe are deliberately trying to avoid compensation.

    Additionally, it does not look good to my Employers when my colleague who was flying with BA managed to take off that same night, albeit a few hrs later - while i had to stay overnight and arrive at work late the following day.
    • Tyzap
    • By Tyzap 23rd Mar 17, 10:35 AM
    • 1,137 Posts
    • 551 Thanks
    Tyzap
    Hi.
    I posted the message below in another thread but thought I'd post here to get your views and let me know if I have a case. Here goes....

    Last year I had a flight cancelled by FlyBe (Aberdeen to London) as there was a hole that had developed in the runway. It was fixed within a couple of hours and airlines began taking off and landing. Except FlyBe, who claimed they were "physically not able to operate this flight with the restrictions imposed for safety reasons, accordingly to the EU261 regulation this is considered to be an extra ordinary circumstance"

    They put us in a hotel miles away and put us on a 7:00am flight, which meant I had to be up at some ungodly hour in order to get to the airport

    They claimed they were not allowed to fly that evening. Then upon further pushing they said they cancelled the flight themselves. I am going around and around in circles with this lot. The case is currently with the Retail Ombudsman who don't appear to be investigating the matter and challenging FlyBe. Instead they seem to be playing postman.

    Has anyone had any experience of dealing with Flybe? Does anyone have any suggestions on what to do next? I feel as though FlyBe are deliberately trying to avoid compensation.

    Additionally, it does not look good to my Employers when my colleague who was flying with BA managed to take off that same night, albeit a few hrs later - while i had to stay overnight and arrive at work late the following day.
    Originally posted by xxdiddiexx
    There are two important points here.

    1).
    A hole in the runway is almost certainly an Extraordinary Circumstance which gives the airline a reason to not pay compensation.

    2).
    A decision to not operate the flight, once the runway had been repaired, is an operational decision and would not excuse the airline for cancelling the flight.

    The regulations are very keen that an airline does it's utmost to continue the passengers journey following a delay. For this reason I believe that Flybe may be required to pay 261 compensation depending on some details, which are not clear from your post.

    Enter your flight details into one or two online flight delay checkers to obtain their opinion. However, because the initial delay would be classified as an EC, they may not want to take up your case.

    Good luck.
    Please read Vaubans superb guide.
    • Bobjeffboo
    • By Bobjeffboo 23rd Mar 17, 11:27 AM
    • 2 Posts
    • 0 Thanks
    Bobjeffboo
    Fog is generally a good defence, Flybe use very different planes to BA and Cityjet who use jets on those routes. If the plane cannot fly due to weather conditions, there is no claim for compensation, just a duty to look after you during the delay.
    Originally posted by Alan Bowen

    Thanks for your help
    • xxdiddiexx
    • By xxdiddiexx 23rd Mar 17, 3:02 PM
    • 315 Posts
    • 88 Thanks
    xxdiddiexx
    There are two important points here.

    1).
    A hole in the runway is almost certainly an Extraordinary Circumstance which gives the airline a reason to not pay compensation.

    2).
    A decision to not operate the flight, once the runway had been repaired, is an operational decision and would not excuse the airline for cancelling the flight.

    The regulations are very keen that an airline does it's utmost to continue the passengers journey following a delay. For this reason I believe that Flybe may be required to pay 261 compensation depending on some details, which are not clear from your post.

    Enter your flight details into one or two online flight delay checkers to obtain their opinion. However, because the initial delay would be classified as an EC, they may not want to take up your case.

    Good luck.
    Originally posted by Tyzap
    Thank you for your reply.
    What further details could I add that would make this clearer?
    • Tyzap
    • By Tyzap 23rd Mar 17, 3:18 PM
    • 1,137 Posts
    • 551 Thanks
    Tyzap
    Thank you for your reply.
    What further details could I add that would make this clearer?
    Originally posted by xxdiddiexx
    The time of the runway closure and re opening, your scheduled departure time and the time your flight was cancelled would help. Also, do you have any idea how many other passengers were affected?

    Ultimately tho these details may just add weight to your case as I don't believe they can defend the way it was cancelled, probably for their scheduling convenience.

    Good luck.
    Please read Vaubans superb guide.
    • xxdiddiexx
    • By xxdiddiexx 23rd Mar 17, 6:56 PM
    • 315 Posts
    • 88 Thanks
    xxdiddiexx
    The time of the runway closure and re opening - 1640 until 1825 whilst the surface damage was inspected, according to FlyBE.

    your scheduled departure time - 16:50pm

    and the time your flight was cancelled would help - 17:38pm is when I texted my colleague to say my flight had just been cancelled. My colleague was flying with BA and eventually started boarding at 19:44pm. He was flying to Heathrow. I was flying to London City Airport. I still have the whole text message history from that evening.

    Also, do you have any idea how many other passengers were affected? - no idea how many people were on my flight. I know of one easy jet flight being cabcelled.

    Ultimately tho these details may just add weight to your case as I don't believe they can defend the way it was cancelled, probably for their scheduling convenience. - After the plane returned to the gate and they opened the doors to let some fresh air in, I did overhear the stewardess say to someone that if they waited much longer the crew would be "out of time to fly" or words to that effect. Basically she meant that the crew would have reached their maximum working hours. I have no recorded evidence of this nor can I identify the stewardess.

    After contacting them via Resolver their 1st Response was as follows:

    Having investigated our official flight records, I can confirm that your flight was cancelled due to damage on the runway meaning flights departing and arriving were restricted. This is a cause outside of Flybe's control and therefore compensation would not be applicable on this occasion; this is inline with EU Regulation, EC 261/2004.
    After chasing for over a month to get my expenses finally reimbursed I gave up on Resolver and when to the Flights Ombudsman.

    Thir 1st Response from Fly BE as follows:
    Flybe have confirmed that flight BE1365 was cancelled on the 14 September
    2016. A hole in the runway was discovered. Flybe have confirmed that in total
    8 flights were cancelled that evening due to not being able to land or take off
    this included other airlines.

    Flybe are defending their position that this was an extraordinary circumstance
    and have confirmed that securing hotel accommodation was difficult meaning
    that passengers were put into hotel accommodation some distance away from
    the airport.

    Flybe have confirmed that they are liaising with you directly about your duty of
    care costs.
    I replied that I wanted tan explanation as to why the FlyBE flight was not allowed to fly yet others were.
    Flybe have requested that I assure you that had the flight been able to depart it
    would have done so that evening as Flybe would never wish to inconvenience
    it's customers any more than absolutely necessary.

    Flybe have continued, stating, the flight was due to depart at 1650. The runway
    was unavailable from 1640 until 1825 whilst the surface damage was inspected.
    Flybe have explained that following the assessment the runway distance was redeclared
    which meant that the runway could be re-opened but restricted to
    certain aircraft and crew. Each airline had to decide on their operations based on
    this runway restriction and unfortunately Flybe state they had to cancel a number
    of services. Further Flybe would like to reassure that passenger safety is always
    a priority and on this occasion based on all factors they could not operate your
    flight.
    So on one hand they said they cancelled the flight, and on the other hand they are saying it was an extra ordinary circumstance. Their actual response was:

    they were physically not able to operate the flight with the restrictions imposed for safety reasons and accordingly to the EU261 regulation this is considered to be an extra ordinary circumstance. The Runway was damaged and required maintenance, this damage and maintenance was outside Flybe's or any other airlines influence. Flybe have advised that multiple flight operators were unable to continue flights for the same reason.
    • xxdiddiexx
    • By xxdiddiexx 23rd Mar 17, 7:12 PM
    • 315 Posts
    • 88 Thanks
    xxdiddiexx
    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
    • 1,137 Posts
    • 551 Thanks
    Tyzap
    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
    xxdiddiexx
    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
    xxdiddiexx
    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
    • 3,259 Posts
    • 910 Thanks
    JPears
    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
    • 479 Posts
    • 166 Thanks
    DailyClicker
    Hi,

    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?

    Thanks
    • JPears
    • By JPears 27th Apr 17, 3:56 PM
    • 3,259 Posts
    • 910 Thanks
    JPears
    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.........
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