Flight delay and cancellation compensation, Flybe ONLY

Tyzap

PCManchester2012 wrote: »

Hi all,

What's the best way to proceed? I've looked for the times on the Flight stats website but it doesn't actually show an arrival time for the flight, potentially because it was rerouted to leave via Southend instead.[/FONT][/COLOR]

You flew on G-FLBC, it departed SEN at 14.47 and landed at EDI at 15.46 (all times in UTC). For British Summer Time add 1 hour.

You can still find details of your flight if you check FR24 / Data/History and search using the aircraft registration. The data is only available for another day or two (free) or you need the premium version.

It all depends on what your scheduled time of arrival was, as it is 3 hours after that to qualify for delay compensation. Time of arrival is when the first door is opened, not when the aircraft lands.

Good luck.

Caz3121

Tyzap wrote: »

You flew on G-FLBC, it departed SEN at 14.47 and landed at EDI at 15.46 (all times in UTC). For British Summer Time add 1 hour.

It all depends on what your scheduled time of arrival was, as it is 3 hours after that to qualify for delay compensation. Time of arrival is when the first door is opened, not when the aircraft lands.

BE1334 is scheduled to arrive at 14:00 so looks like 2 hours and 46 mins late till landing, if Flybe have stated 2 hours 51 I expect that accounts for 5 mins from landing to doors open

maghater

Flight BE 424 ? Newcastle to Belfast 31/10/14, Mrs Maghater was booked on this flight, which was cancelled, after several emails FlyBe claimed it was due to a medical emergency, and refused to pay out. Took the easy way out and contacted Bott & Co who ended up taking them to court, bottom line is the Mrs. Got £125, so anyone else delayed on that flight go for it

tpdo

My daughter and her Fianc! were delayed on BE455 MAN-JER 01/08/14 which arrived 3h 38m late. Claim was made 05/08/14.


Their first reply was........


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.

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 soon to advise how your claim will be taken forward.


Followed by........


(review) has been completed in accordance with the guidance provided to all carriers against the list of applicable exemptions deemed to be extraordinary circumstances. This has been named the NEB (National Enforcement Bodies) list. A copy of the list may be found via this link - (link is broken anyway!)

Following our investigations we have been able to determine that your flight was delayed as a result of a reason that falls outside of the criteria as stated in EU 261/2004

Whilst your flight was delayed over 3 hours, the aircraft on which you were scheduled to travel experienced damage. This comes under category 19 on the NEB list as below:

“Damage to the aircraft primary or secondary structure (e.g. metallic or composite structure) caused by third parties on the ground prior to the departure of a flight and requiring immediate assessment and/or repair. For example a collision between an airport vehicle and an aircraft.”


I replied with an email before action......

I refer to my email claiming delayed flight compensation dated 06/08/14, the ensuing correspondence and your Response By E-mail (26/03/2015 11.04) from Claire Daniels in which she explains that the cause of the delay was damage to the aircraft meaning that the delay falls outside of the criteria as stated in EU 261/2004 and so my claim has been refused.

My understanding is that after all the legal wrangling on the subject of flight delay compensation it is now binding UK law that any technical failures are unlikely to represent extraordinary circumstances, unless they are caused by an event not inherent in the operation of an airline.

Unless you are able to provide me with the tail number of the aircraft, full details of the damage incident and an explanation as to why this is a valid reason to deny a delayed flight claim in the light of recent case law on this subject, then I would respectfully suggest that you approve my rightful claim for compensation without further prevarication.

If I do not hear from you with the information requested or confirm approval of my claim within 14 days then I will have no alternative but to pursue the matter through the courts.

Should my claim be approved please note that I require payment in GBP and not in vouchers.

Their last word is.....

Thank you for your further correspondence regarding your flight BE455 from Manchester to Jersey on the 1st of August 2014.

Having further investigated your case, on this occasion we are unable to provide you with the detailed information that you are requesting.
I respectfully suggest that you please contact the CAA adjudicate matters regarding UK airlines and can be contacted using the details below:

.........

Boredom is now setting in. How are they going to defend a court case if they have no details of the claimed mitigating incident? surely they have shot themselves in the foot?

In the absence of any better advice I am minded to do a proper written letter before action and then go to court.


Views please. Thanks in anticipation

111KAB

tpdo wrote: »

Views please.

Compensation due .....stop trying to reason ..... read Vauban's Guide ....... 14 day NBA ....... court action ....... Flybe pay out before it gets to court ....happy tpdo. THE END

zimbabwewassuper

Saturday 1st August my flight BE7045 from Birmingham to Dusseldorf was delayed by 3hrs. Flybe knew this early on and emailed me when I was checking in ( I knew before the check in staff)...... However Flybe did not tell BHX who updated their boards 15mins after each “departure” time.
I checked the MSE website for compensation and knew that it all hinged on the arrival time in DUS.

Bingo! This was 3hrs 10 minutes late.

I copied and completed the MSE template and was about to post it when I decided to try their Customer Comments web page. I pasted my letter into this section and received a unique reference number once submitted on 9th August 2015.

I was aware that the flight had been delayed due to the pilot arriving back late the night before and requiring a 12hr break. I was expecting a battle with Flybe and them stalling, however this did not materialise.

Received an email (12 August 2015) from Flybe apologising for the delay, and I was entitled to the €250 compensation or €350 credit note valid for 12 months.

I chose the cash and contacted the call centre for them to deposit it into my account. I probably made one error here, as I should have put it into my EURO card account as the pound has strengthened against the Euro and the rate was €1.41 receiving £177. Not bad for a £49.99 flight.
Luckily I was not catching a connecting flight as other people on the flight were, I just arrived late at a family get together in Belgium.

No need for solicitors, nor websites that will take a fee .

Thank You MSE

Mister_D

I am wondering if anyone can give advice as to whether we have the basis of a successful claim, and then how best to go about it.

My family (me, Mrs D, and children aged 6 and 4) had flights booked for our summer holiday in Brittany. Our flights with Flybe were scheduled on 1st August for 07.00 departure from Edinburgh to Birmingham and then from Birmingham to Brest, departing 12.00. When we arrived at departures in Edinburgh (having gone through the security check area) we discovered that the flight was delayed (reportedly due to pilot sickness) with an estimated departure time of 10.40. This meant that although the flight wasn’t cancelled we would miss our connection to Brest (the only option via Birmingham that day).

Having retrieved our luggage we were helped with alternative flights at the helpdesk Flybe provide. The best alternative we were offered for arriving in Brest that day was late into the evening, which would have resulted in us being stuck there (our hire car provider would have shut for the day). The best alternative was for us to fly to Rennes (a bit further from our final destination, but fine) via Southampton. We would arrive later than planned, but would at least get to France (rather than staying overnight in the UK and taking our chances on spare flight seats the next day). We also hoped that the car hire companies (which stay open late in Rennes) might be able to change our booking and provide a car to us, which would enable us to get to our campsite on the right day (albeit late at night).

The alternative flights worked out okay – we arrived in Rennes via Southampton around 20.20, but although Auto Europe were willing to transfer our car hire, there were no cars available (not surprising given holiday demand). So we booked into a local hotel overnight, collected a hire car in the morning and finished our journey to the campsite.

Ultimately we arrived at our final destination just over 24 hours late, incurred the cost of an overnight stay and a one way car hire supplement (as we dropped off our car at Brest airport when flying home).

So my questions are:
1. Do we have a case for compensation? My sense is ‘yes’, given the significant inconvenience, the delay and additional cost – all due to our initial flight having been delayed. But does it compromise our case that we accepted flights to an alternative destination on the basis that it improved our chances of getting to our final destination on the right day?

2. I have proof that we incurred additional costs (hotel, car hire), but what do we need as proof of the delayed flight in order for Flybe not to dodge giving compensation? The Edinburgh flight departures website on the day confirmed that our 07.00 flight from Edinburgh didn’t leave until after 11.00, so it will have arrived in Birmingham more than three hours late.

3. Finally, although I have spelled out the full story here, do we actually need to go into this detail with Flybe, or is it sufficient to say that we booked in for a flight that was eventually delayed over three hours – is that enough to win compensation?

Thanks.

JPears

Unfortunately airlines are not liable for consequential losses such as your hotel, additional car hire expenses. If you have stayed overnight in Birmingham, due to your missed connection, Flymaybe would have had to put you up for the night at their cost.
However, you are likely due compensation under regualtion 261/2004 of 250Euros each (inc kids) for the delay of more than 3 hours causing you to be re-routed.
Read Vauban's guide.

Mister_D

Belated thanks for your response, JPears.

I read the guide and found the MSE Resolver facility very useful for framing and submitting my claim to Flybe. The good news is that I heard from them today and a payment of E1,000 is on its way to me.

Fair play to Flybe for doing the decent thing (and what is required by law!) by paying out.

JPears

Nice one.