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Flight delay and cancellation compensation, Flybe ONLY

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  • NoviceAngel
    NoviceAngel Posts: 2,274 Forumite
    Part of the Furniture
    Ohh and I know this is totally off topic but you can get a 30 min helicopter flight from LBA Flying towards Skipton and back on a Jet Ranger Helicopter and as the name suggests because it's a Jet engine they have to keep the rotors running between pleasure flights, cost £99 but a great experience.
    I almost imagined myself as Annika Rice who will be my Kenneth Kendall?

    any suggestions JP?
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

    Hi, we’ve had to remove part of your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    I almost imagined myself as Annika Rice who will be my Kenneth Kendall?

    You are showing your age. Big time. The youngsters on here won't have a clue what you're talking about ... ;)
  • Vauban wrote: »
    You are showing your age. Big time. The youngsters on here won't have a clue what you're talking about ... ;)

    Neither will the older ones..........but that's down to alzheimer's!
  • I almost imagined myself as Annika Rice

    Is cross dressing prevalent in Yorkshire Novice?
  • Fifefamily wrote: »
    Well I have checked "Wayback" and Flybe amended t&cs in October 2014 to include claims under EU 261/2004 and various other additions. Prior to this it only stated ; -




    ARTICLE 16 - TIME LIMITATION ON CLAIMS AND ACTIONS


    16.1 Notice of claims
    16.1.1
    Acceptance of Baggage by the bearer of the Baggage Check without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise. If you wish to file a claim or an action regarding Damage to Checked Baggage, you must notify us as soon as you discover the Damage, and at the latest, within seven (7) Days of receipt of the Baggage. If you wish to file a claim or an action regarding delay of Checked Baggage, you must notify us within twenty-one (21) Days from the date the Baggage has been placed at your disposal. Every such notification must be made in writing.
    16.2 Limitations of action
    16.2.1
    Any right to damages shall be extinguished if an action is not brought within two years of the date of arrival at destination; or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped.
    16.2.2 The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.


    Therefore as claims under Reg 261/2004 are compensation and not damages I shall continue my pursuit of them.

    Hi Fifefamily, how are you going with this? I've just had the same 2yr rubbish from them & am pushing back on the basis that it's eu law which supersedes their terms & conditions. I'm not sure that legally there's any difference between damages & compensation. Where have you read that there is?
    C
  • Further to my previous posts I've my claim via MCOL this morning, will keep you all updated.

    Has anyone else claimed against Flybe via small claims yet?

    Thanks for all help so far :T
  • caz6caz6 wrote: »
    Hi Fifefamily, how are you going with this? I've just had the same 2yr rubbish from them & am pushing back on the basis that it's eu law which supersedes their terms & conditions. I'm not sure that legally there's any difference between damages & compensation. Where have you read that there is?
    C


    Hi there,


    Still pursuing them!!


    If there is no difference between damages and compensation why have they amended there t&cs to specifically include Reg 261/2004. They are obviously not confident that it is covered by the phrase "damages"!! I'm not seeking damages from them, I'm seeking compensation, that may be simplistic but in my eyes it's rather straightforward.
  • Butts
    Butts Posts: 1,293 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I have read "The Guide" and just wanted to clarify "The Weather" element of "Extraordinary Circumstances".


    In my case a Flight from Inverness to Dublin (the only direct one)was cancelled on two successive days.


    Other Flights were operating out of both Inverness and Dublin Airports on both days.


    It wasn't actually said, but I get the impression the cancellations were blamed on Aircraft being stuck in Manchester which was closed for part of the first day thus creating a "knock on" effect.


    Would these circumstances allow Flybe to successfully invoke the "weather element" of "Extraordinary Circumstances" or is where the Aircraft is coming from to provide the scheduled service between Inverness and Dublin irrelevant?
  • JPears
    JPears Posts: 5,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    In a word, no. For it to be EC, the weather has to effect your flight directly, not a previous flight.
    Go ahead and claim.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • Butts
    Butts Posts: 1,293 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    JPears wrote: »
    In a word, no. For it to be EC, the weather has to effect your flight directly, not a previous flight.
    Go ahead and claim.


    I'm just waiting for their response, it looks like they have refunded my fare within the 7 day limit. Just awaiting a reply to the claim for compensation that accompanied the refund request.
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