Flight delay and cancellation compensation, Flybe ONLY

msnigella

I have written to Flybe advising I will pursue via small claims court unless they pay up by 2nd Feb.

Vauban

msnigella wrote: »

I have written to Flybe advising I will pursue via small claims court unless they pay up by 2nd Feb.

You'll see on the Jet2 thread that the County Court in Mansfield just threw out Jet2's argument that a further stay was necessary.

msnigella

Vauban wrote: »

You'll see on the Jet2 thread that the County Court in Mansfield just threw out Jet2's argument that a further stay was necessary.

Yes, saw this today thanks

Fifefamily

Fifefamily wrote: »

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?

Bump - Anyone have any input?

Vauban

Fifefamily wrote: »

Bump - Anyone have any input?

There's a discussion of this general point on the Jet2.com forum.

Unsurprisingly, I don't know when Flybe changed their terms and conditions I'm afraid. Can you use that "wayback" programme to see what they used to be on their website?

JPears

You could put them to task by requring them to demonstrate the claimed T&Cs were in effect at the time of your booking.
A signed contract is really the only way they can prove it.
Or a confirmation email that includes ALL the T&Cs. Otherwise they don't have a legal leg to stand on.

Fifefamily

Thanks JP - I have requested a copy of the T & C's in force at the time of the booking. Coming up for almost 2 weeks since I requested it! Prior to this they had been very quick to respond!!


The booking confirmation email (Dec 2010), which I still have, does not include full t&c's only a link to the online version - which is obviously the most up to date version.


Vauban - not heard of "wayback" but will try it!

*cogs*

Vauban wrote: »

They're just stringing you along. The "English Courts" have already decided. They're referring to a half-cocked attempt to persuade the courts to agree further stays whilst a Dutch case is heard by the European Court. It's palpable nonsense.

(I understand that there is an important case early next week that will put this point to the test at County Court level.)

I received the exact same response from FlyBe yesterday, in relation to a delayed flight from Bournemouth to Glasgow.
Firstly, they tried to make out the delay was due to poor weather conditions, when I told them that this was rubbish, they "rechecked" their records and found that it was due to technical issues.

This all sounds like delaying tactics - have they any right to withhold compensation, based on potential future changes, as a result of this appeal?

Wondering whether I should push back or wait until April for their next communication...

Vauban

*cogs* wrote: »

I received the exact same response from FlyBe yesterday, in relation to a delayed flight from Bournemouth to Glasgow.
Firstly, they tried to make out the delay was due to poor weather conditions, when I told them that this was rubbish, they "rechecked" their records and found that it was due to technical issues.

This all sounds like delaying tactics - have they any right to withhold compensation, based on potential future changes, as a result of this appeal?

Wondering whether I should push back or wait until April for their next communication...

What do you think their next communication in April will say? I think I've divined the script and I'm willing to bet a pound to a pint that it won't be to offer you any money ...

*cogs*

Absolutely - of course they wont - but I can't see in any way how they can refuse to now pay up, as they've admitted the delay was due to technical issues, and a such, I have right to compo under the EC Regs?
I think will push back immediately - and say that based on current legislation, by law they must accept my claim for compo and see what happens next...