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    • 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
    • 859 Posts
    • 449 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
    • 2,897 Posts
    • 818 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
    • 482 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
    • 2,897 Posts
    • 818 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.........
    • Groggwire
    • By Groggwire 3rd May 17, 6:29 PM
    • 1 Posts
    • 0 Thanks
    Groggwire
    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
    • 10,599 Posts
    • 6,934 Thanks
    Caz3121
    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
    Trow
    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?
    • Cat246
    • By Cat246 30th May 17, 1:58 PM
    • 3 Posts
    • 0 Thanks
    Cat246
    Flybe compensation offered
    Hi there,

    Recently had a flight from Doncaster to Alicante delayed over 5 hours, I submitted an email through Resolver & Flybe have come back to me offering either €250 cash or €350 in vouchers, please could someone advise me if these are correct amounts?

    The Martins table says I would be entitled to €400 as we were delayed more than 3 hours & the flight was over 1,500km.

    Many thanks
    • Vauban
    • By Vauban 30th May 17, 2:16 PM
    • 4,610 Posts
    • 2,039 Thanks
    Vauban
    Hi there,

    Recently had a flight from Doncaster to Alicante delayed over 5 hours, I submitted an email through Resolver & Flybe have come back to me offering either €250 cash or €350 in vouchers, please could someone advise me if these are correct amounts?

    The Martins table says I would be entitled to €400 as we were delayed more than 3 hours & the flight was over 1,500km.

    Many thanks
    Originally posted by Cat246
    Yes - you are absolutely right: 400 euros per person, since it's just over 1600km.
    • Cat246
    • By Cat246 30th May 17, 2:29 PM
    • 3 Posts
    • 0 Thanks
    Cat246
    Thank you so much for your quick response! I will send Flybe a reply stating that I am entitled to €400.

    Am I entitled to ask for the €400 in cash, or can they offer vouchers to that amount & offer a lower amount say €300 in cash?
    • Caz3121
    • By Caz3121 30th May 17, 2:49 PM
    • 10,599 Posts
    • 6,934 Thanks
    Caz3121
    Am I entitled to ask for the €400 in cash, or can they offer vouchers to that amount & offer a lower amount say €300 in cash?
    Originally posted by Cat246
    they may choose to offer you an alternative in vouchers which will likely be more than the €400 cash offer (if they said €250 cash or €350 vouchers, it may be €400 cash or €500 vouchers) You are entitled to the cash at €400...whether you want vouchers instead will be your decision
    • Vauban
    • By Vauban 30th May 17, 2:49 PM
    • 4,610 Posts
    • 2,039 Thanks
    Vauban
    Thank you so much for your quick response! I will send Flybe a reply stating that I am entitled to €400.

    Am I entitled to ask for the €400 in cash, or can they offer vouchers to that amount & offer a lower amount say €300 in cash?
    Originally posted by Cat246
    It's all here: https://dl.orangedox.com/GdfSa4xUZdZI5GJadr/
    • Cat246
    • By Cat246 30th May 17, 6:00 PM
    • 3 Posts
    • 0 Thanks
    Cat246
    Thank you Vauban & Caz3121 for your advice, I am very grateful!

    I have just had an email back from Flybe apologising for their error in offering me the €250 cash or €350 in vouchers, I have now been offered €400 cash or €500 in vouchers as you predicted, & have been told the money will be in bank account in 3-5 working days.

    Our delayed flight was Friday 26th May, so we have had a very swift response, which I wasn't expecting!

    Once again thanks to you guys for your help & of course all the information on this fantastic site!
    • Nicolajade91
    • By Nicolajade91 14th Jun 17, 10:10 PM
    • 1 Posts
    • 0 Thanks
    Nicolajade91
    Claim was taken to court and DISMISSED!
    Me and 2 friends were on a flight Amsterdam to Manchester in sun. On takeoff the tyre on the plane blew. Mid flight they told us we needed to emergency land in Birmingham. After circling for a whole to burn off fuel we landed. Panic setting in. My 2 friends were crying because they are scared of flying as it is. We got to Birmingham was given a £10 voucher to spend in the airport as we have a long journey via COACH back to Manchester. We lost money on a taxi that was prebooked and very worried family menber. Thus being petrified to go on a plane again.
    We claimed with both & co this went to court and we hear a week ago that there was a court hearing on the 2.6.17 and case was dismissed. Surely this cannot be right. We got back to Manchester 8 hours later than we should have. Please give advise we don't know where to turn to now.
    • 111KAB
    • By 111KAB 15th Jun 17, 6:40 AM
    • 3,611 Posts
    • 1,471 Thanks
    111KAB
    Me and 2 friends were on a flight Amsterdam to Manchester in sun. On takeoff the tyre on the plane blew. Mid flight they told us we needed to emergency land in Birmingham. After circling for a whole to burn off fuel we landed. Panic setting in. My 2 friends were crying because they are scared of flying as it is. We got to Birmingham was given a £10 voucher to spend in the airport as we have a long journey via COACH back to Manchester. We lost money on a taxi that was prebooked and very worried family menber. Thus being petrified to go on a plane again.
    We claimed with both & co this went to court and we hear a week ago that there was a court hearing on the 2.6.17 and case was dismissed. Surely this cannot be right. We got back to Manchester 8 hours later than we should have. Please give advise we don't know where to turn to now.
    Originally posted by Nicolajade91

    With some interpretation I assume you instructed Bott & Co. so expect you have contacted them - what was their response?


    I cannot imagine Botts allowing a case to be dismissed without putting up a fight as appears to be the situation given your comments.



    Bott & Co were appointed and (should have) worked on your behalf so there is little anyone on this forum can suggest without having the full picture/explanation.
    • JPears
    • By JPears 15th Jun 17, 9:54 AM
    • 2,897 Posts
    • 818 Thanks
    JPears
    I would have thought a tyre blow on take off would be one of those rare EC occasions as it becomes a safety issue in relation to the flight concerned?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Vauban
    • By Vauban 15th Jun 17, 5:27 PM
    • 4,610 Posts
    • 2,039 Thanks
    Vauban
    I would have thought a tyre blow on take off would be one of those rare EC occasions as it becomes a safety issue in relation to the flight concerned?
    Originally posted by JPears
    Perhaps but if it took off okay, then why land in Birmingham rather than Manchester? Weather? Other safety? Or operational convenience for airline. Need an explanation from Bott & Co.
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