Flight delay and cancellation compensation, Flybe ONLY

JPears

Golactico wrote: »

Received this from Flybe about a month ago. I look forward to hearing what they have to say after 15 Jan. If it's not something along the lines of 'here's your cheque' I may look at at least threatening them with legal action.

Dear Sir / Madam
Your EU261/2004 claim
We write to provide you with an update on our progress with reviewing your claim.
Following the Supreme Court's decision not to grant permission to appeal in Jet2.com v Huzar, it has been necessary for Flybe to undertake an internal review, together with our legal advisers, of all claims where there has been a technical issue with an aircraft and a defence of "extraordinary circumstances" potentially applies.
While this review is in progress, it involves a substantial number of claims. Currently we hope that the review will have completed within the next 8 weeks, ie by 15 January 2015.
We also wish to make you aware that a request for a ruling on whether a technical problem can constitute an 'extraordinary circumstance' has been submitted to the European Court of Justice. The English Courts are currently considering how claims are dealt with in light of that request to the European Court of Justice.
We will provide you with an update on the English Courts' position once this is known and we will be in touch on or before 15 January 2015 to advise how your claim will be taken forward.
As you have received this letter we hold your details on file and there is no further need to contact us.

Kind regards
Flybe

Golactico - as NoviceA says, this is claptrap. The English courts have already decided and as we have seen today, one stay has already been lifted irrespective of the Dutch/EUCJ referral.
If I were you, I'd send the NBA now, with a payup date for 15th Jan. If they don't respond then get your N1 or MCOL in on 15th Jan.

newtonflotman

Was supposed to be flying Manchester to Norwich on Sunday 21st December 2014 but after letting everyone check-in and go to departure lounge they decided to cancel flight. Eventually after many failed promises and incorrect information delivered by Flybe staff at the airport we had a Coach arranged for a 5.5 hr Journey!!! Anyway we should of flown 20.20hrs arriving 21.15hrs. The coach only left at 21.05 hrs meaning even with clear roads we did not get to Norwich till 02.00hrs Monday 22nd December. As they cancelled the flight am I due for a full refund ? Or can I claim delay compensation? noting this is a short internal flight. Was never given any explanation from Flybe staff, but did find out from persons at Norwich the plane never left Norwich to fly to Manchester ( it only had 9 passengers booked on it) and our flight only had 16 passengers booked on it. I have my suspicions as to why it was cancelled !!!!!!!!!!! It was also bit windy in Norwich that day, but no worse than the day we left. The only thing Flybe eventually offered was a £5 voucher each to spend in the Spar shop at the airport. We had 3 passengers affected on the same booking.:mad: Any help would be appreciated.

Caz3121

newtonflotman wrote: »

Was never given any explanation from Flybe staff, but did find out from persons at Norwich the plane never left Norwich to fly to Manchester ( it only had 9 passengers booked on it) and our flight only had 16 passengers booked on it. I have my suspicions as to why it was cancelled !!!!!!!!!!!

you will need to submit a claim to see what defence they use (or they may just pay your compensation) nothing else showing cancelled on that date in NWI or MAN so they would have difficulty claiming it was weather or ATC. More than likely they will say technical problem (they have a lot of these - hence I know them as fly-maybe) if they do you are due €250.
Re the refund, they will argue that they still transported you from A to B. As they delay was over 5 hours, anyone selecting not to travel could receive refund plus compensation

FullBodyBag

Just to let you all know, I received an email from Stobartair following a recently claim for compensation telling me that I an due 250 euro under EU261.

This was for a cancelled flight from Antwerp to London Southend on 1st Dec 2014 at 18:10, where I was put on the next flight the following morning.

The only dubious thing is that the email asks for my bank account details to be sent but no phone number - I will ask them for a cheque and will keep you posted.

Fifefamily

Does anyone know when Flybe changed their Conditions of Carriage at Section 16 when it states that claims for damages, compensation etc (including EU 261/2004 claims) had to be submitted within 2 Years?

I know this is a long shot!! Thanks in advance.

As this would deny someone a statutory right would this be treated as unfair. Has this yet been tested in court?

cuppateaandasliceofcake

FullBodyBag wrote: »

Just to let you all know, I received an email from Stobartair following a recently claim for compensation telling me that I an due 250 euro under EU261.

This was for a cancelled flight from Antwerp to London Southend on 1st Dec 2014 at 18:10, where I was put on the next flight the following morning.

The only dubious thing is that the email asks for my bank account details to be sent but no phone number - I will ask them for a cheque and will keep you posted.

Hi all, first time poster here!

I too made a claim for a cancelled Flybe flight that was referred to Stobart Air who operated it. I received an email from someone called Kim from Stobart who informed me that i was indeed due compensation, and to provide payment details. Like the poster above, i was a little dubious as the lady didn't give a last name or department, so i emailed Stobart Air independently to see if the email was legitimate. They in turn referred this to Stobart Air Customer Relations, and Kim emailed me back to apologise for the lack of information. It would seem that it is legitimate (i hope!). I checked the email origin and it seems to come from aerarran.com which belongs to Stobart.

greentrader

This morning I had a reply to my Small Claim served to them. They want a stay of the case because of the CJEU case C Van Der Lans vs KLM.

They further state their application to stay has not yet been submitted to the court but will I agree to their request the claim be stayed! The next bit is laughable "If the court is not prepared to grant our request, we have asked for a stay period of an additional 2 months" The reason for this 2 months? "To allow us time to discuss a settlement with you" :rotfl:

So what's to discuss, am I missing something here? The Supreme Court threw out the appeal ref: Huzar vs Jet2 but they say they need a full review with their legal advisers with all cases where "extraordinary circumstances" may apply.

They offer me two choices

1. Agree to their stay by 22/01/15
2. Allow the court to determine their application to stay, I can offer my written representation to the court if I object.

They have submitted a defence to my claim but basically it all appears to be clutching at straws and they are offering legal clap trap. In their initial communication they stated it was a door fault; how can that be extraordinary? If that is allowed then any fault will deemed extraordinary.

What would you suggest next?

Thanks

JPears

I think I would call them and discuss your settlement. Inform that you will not agree to stay as the Van der Lans case is irrelevant, since the CoA and SC have already ruled.
If they insist on seeking a further stay then request a opy of their submitted arguement for stay so that your can counter this in your representation to court.

GrantMitchell

Hi All

After some advice from the experts on here.

My story so far....

I was booked to travel on a flight from Manchester to Aberdeen on the 27/12/14. The flight was delayed and didnt arrive in Aberdeen till 3 hours and 46 minutes after its scheduled time.

I put together an email to Flybe using the template letter provided by the forum and fired it off.

The initial response (over 10 days after claim submitted) I got was that the delay was due to adverse weather conditions, and as such I didnt have a claim.

I emailed them back and pointed out that there was no issue with weather at Aberdeen or Manchester on that day (checked via the flightstats site) and that other flights had made it into and out of both airports and as such I felt I still had a right to claim.

I received a response (quite quickly this time) - quoted below

"
I can confirm that you are correct and the weather issue was in Lyon. The aircraft had travelled from Lyon to Manchester before taking off for Aberdeen. As this weather affected your flight and occurred on the same day it counts as an extraordinary circumstance under EC Regulation 261/2004. Such weather conditions may be forecast to arise at either the airport of departure, the airport of arrival or along the intended flight path of the aircraft."

Now my understanding of the regulations was that the airport of departure was Manchester, the airport of arrival was Aberdeen - and the fact that the plane had to come in from Lyon was irrelevant.

I have emailed them back to this effect, and so far Ive just had a sulky silence .....

Is it worth me pursuing this or am I flogging a dead horse.

len49

Hi Grant

You'll find the full article below on Bott & Co.s website.

Leading flight delay solicitors Bott & Co brought the case against Easyjet before Macclesfield County Court on Monday 16th September 2013 after the airline had initially argued to the client that compensation was not payable in the case of delays.

The ruling by Deputy District Judge Benson in the case of Frederique Jager v Easyjet that weather conditions affecting a previous flight does not fall under the airline’s defence of extraordinary circumstances means that many thousands of passengers who have previously been refused compensation by the airline or the CAA could now be eligible for a payout.

Also

Regulation (EC) no.261/2004 (Recital 14) states that: "obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Such circumstances may, in particular occur in cases of political instability, meteorological conditions incompatible with the operation of the 'flight concerned', security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier"

In your case I would submit that the meteorological events which the airlines evidence relates to was not in effect “the flight concerned” (your delayed flight) as defined in the regulation.

Guess you'll need to take court action to get your rightful compensation. If your going through the Scottish Sheriff Court they are now well versed in the law so you should easily win.

Good luck

len49