Flight delay and cancellation compensation, Flybe ONLY

Tyzap

xxdiddiexx wrote: »

Thank you for your reply.
What further details could I add that would make this clearer?

The time of the runway closure and re opening, your scheduled departure time and the time your flight was cancelled would help. Also, do you have any idea how many other passengers were affected?

Ultimately tho these details may just add weight to your case as I don't believe they can defend the way it was cancelled, probably for their scheduling convenience.

Good luck.

xxdiddiexx

The time of the runway closure and re opening - 1640 until 1825 whilst the surface damage was inspected, according to FlyBE.

your scheduled departure time - 16:50pm

and the time your flight was cancelled would help - 17:38pm is when I texted my colleague to say my flight had just been cancelled. My colleague was flying with BA and eventually started boarding at 19:44pm. He was flying to Heathrow. I was flying to London City Airport. I still have the whole text message history from that evening.

Also, do you have any idea how many other passengers were affected? - no idea how many people were on my flight. I know of one easy jet flight being cabcelled.

Ultimately tho these details may just add weight to your case as I don't believe they can defend the way it was cancelled, probably for their scheduling convenience. - After the plane returned to the gate and they opened the doors to let some fresh air in, I did overhear the stewardess say to someone that if they waited much longer the crew would be "out of time to fly" or words to that effect. Basically she meant that the crew would have reached their maximum working hours. I have no recorded evidence of this nor can I identify the stewardess.

After contacting them via Resolver their 1st Response was as follows:

Having investigated our official flight records, I can confirm that your flight was cancelled due to damage on the runway meaning flights departing and arriving were restricted. This is a cause outside of Flybe's control and therefore compensation would not be applicable on this occasion; this is inline with EU Regulation, EC 261/2004.

After chasing for over a month to get my expenses finally reimbursed I gave up on Resolver and when to the Flights Ombudsman.

Thir 1st Response from Fly BE as follows:

Flybe have confirmed that flight BE1365 was cancelled on the 14 September
2016. A hole in the runway was discovered. Flybe have confirmed that in total
8 flights were cancelled that evening due to not being able to land or take off
this included other airlines.

Flybe are defending their position that this was an extraordinary circumstance
and have confirmed that securing hotel accommodation was difficult meaning
that passengers were put into hotel accommodation some distance away from
the airport.

Flybe have confirmed that they are liaising with you directly about your duty of
care costs.

I replied that I wanted tan explanation as to why the FlyBE flight was not allowed to fly yet others were.

Flybe have requested that I assure you that had the flight been able to depart it
would have done so that evening as Flybe would never wish to inconvenience
it's customers any more than absolutely necessary.

Flybe have continued, stating, the flight was due to depart at 1650. The runway
was unavailable from 1640 until 1825 whilst the surface damage was inspected.
Flybe have explained that following the assessment the runway distance was redeclared
which meant that the runway could be re-opened but restricted to
certain aircraft and crew. Each airline had to decide on their operations based on
this runway restriction and unfortunately Flybe state they had to cancel a number
of services. Further Flybe would like to reassure that passenger safety is always
a priority and on this occasion based on all factors they could not operate your
flight.

So on one hand they said they cancelled the flight, and on the other hand they are saying it was an extra ordinary circumstance. Their actual response was:

they were physically not able to operate the flight with the restrictions imposed for safety reasons and accordingly to the EU261 regulation this is considered to be an extra ordinary circumstance. The Runway was damaged and required maintenance, this damage and maintenance was outside Flybe's or any other airlines influence. Flybe have advised that multiple flight operators were unable to continue flights for the same reason.

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

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.

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. :beer:

xxdiddiexx

According to Bott & Co I could be entitled to compensation, so I have submitted a claim. Will keep you posted!

JPears

bumped back up

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

Usually not until you get to court. But you could contact Southampton airport. Did the weather affect Southampton, or Dublin?

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?