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Flight delay and cancellation compensation, Flybe ONLY

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  • JPears
    JPears Posts: 5,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    What was the date of your flight?
    Check other flights from your departure and arrival airports. Where there other flights affected? If not then I would question the ATC restriction.
    Unfortunately its very difficult to prove unless you get to court...
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • Chau
    Chau Posts: 5 Forumite
    Thanks for your response! It was the flight on 10 June from Milan to London Southstaned. I'm not sure if it's worth to bring it up again but it was horrible experience waiting almost 6 hours during night time without any support from Flybe/Storbartair
    JPears wrote: »
    What was the date of your flight?
    Check other flights from your departure and arrival airports. Where there other flights affected? If not then I would question the ATC restriction.
    Unfortunately its very difficult to prove unless you get to court...
  • JPears
    JPears Posts: 5,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Have you put your flight details into an online checker such as Botts or EU Claim?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • Chau
    Chau Posts: 5 Forumite
    Thanks - I did and it said I should be entitled.
  • JPears
    JPears Posts: 5,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    OK so bear in mind there is no sure thing with the online checkers. They will err on the side of optimism rather than caution.
    You have 2 choices.
    Download Vauban's superb guide.
    1. Go with the NWNF firm, no risk but lose 30% of compensation.
    2. Go to ADR if they are signed up to one but pushing the point on the truthfulness or validity of their ATC claim.
    3. Go DIY as per Vauban's guide.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • Chau
    Chau Posts: 5 Forumite
    Thank you very much!
    JPears wrote: »
    OK so bear in mind there is no sure thing with the online checkers. They will err on the side of optimism rather than caution.
    You have 2 choices.
    Download Vauban's superb guide.
    1. Go with the NWNF firm, no risk but lose 30% of compensation.
    2. Go to ADR if they are signed up to one but pushing the point on the truthfulness or validity of their ATC claim.
    3. Go DIY as per Vauban's guide.
  • Hi All
    My first post so apologies if this is not in the correct place.
    Basically myself and daughter were due to fly back from Rome to Cardiff on the 28th July with Flybe.

    We checked in as normal in plenty of time, got allocated seats etc. And went to the gate ahead of schedule.

    The flight coming in was delayed anyway, but more importantly we were denied boarding (and 30 others) because the plane they sent could only seat 88 people..

    It seems as if they denied the passengers who didn’t have hold luggage first, and we were asked to give up our seats, we were just refused.

    As a result, I had to book a flight from Rome to Verona with AirItalia, and then Verona to Cardiff with Flybe which was also delayed by an hour and 45 minutes!

    Flybe have since emailed me offering 400 Euro compensation or a 420 quid voucher, per person.

    My question is though, after reading various things, can I request a refund on the flight we couldn’t get on, and also the costs of the flights I had to book just to get us home on the same day?

    Any advice is most appreciated.

    Kind Regards

    Ben
  • Tyzap
    Tyzap Posts: 2,112 Forumite
    Sixth Anniversary Combo Breaker
    B3n1981 wrote: »
    Hi All
    My question is though, after reading various things, can I request a refund on the flight we couldn’t get on, and also the costs of the flights I had to book just to get us home on the same day?

    Any advice is most appreciated.

    Kind Regards

    Ben

    Hi Ben,

    This is what the regs say about your situation...

    Denied boarding
    1. When an operating air carrier reasonably expects to deny boarding on a flight, it shall first call for volunteers to surrender their reservations in exchange for benefits under conditions to be agreed between the passenger concerned and the operating air carrier. Volunteers shall be assisted in accord- ance with Article 8, such assistance being additional to the benefits mentioned in this paragraph.
    2. If an insufficient number of volunteers comes forward to allow the remaining passengers with reservations to board the flight, the operating air carrier may then deny boarding to passengers against their will.
    3. If boarding is denied to passengers against their will, the operating air carrier shall immediately compensate them in accordance with Article 7 and assist them in accordance with Articles 8 and 9.

    Article 7 says you are due compensation at the applicable rate.

    Article 8
    Right to reimbursement or re-routing
    1. Where reference is made to this Article, passengers shall be offered the choice between:
    (a) — reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant,
    — a return flight to the first point of departure, at the earliest opportunity;
    (b) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; or(c) re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's conveni- ence, subject to availability of seats.
    2. Paragraph 1(a) shall also apply to passengers whose flights form part of a package, except for the right to reimbur- sement where such right arises under Directive 90/314/EEC.
    3. When, in the case where a town, city or region is served by several airports, an operating air carrier offers a passenger a flight to an airport alternative to that for which the booking was made, the operating air carrier shall bear the cost of trans- ferring the passenger from that alternative airport either to that for which the booking was made, or to another close-by desti- nation agreed with the passenger.

    Article 9
    Right to care
    1. Where reference is made to this Article, passengers shall be offered free of charge:
    (a) (b)
    (c)
    meals and refreshments in a reasonable relation to the waiting time;
    hotel accommodation in cases
    — where a stay of one or more nights becomes necessary, or
    — where a stay additional to that intended by the passenger becomes necessary;
    transport between the airport and place of accommodation (hotel or other).
    2.
    telephone calls, telex or fax messages, or e-mails.
    In addition, passengers shall be offered free of charge two
    3. In applying this Article, the operating air carrier shall pay particular attention to the needs of persons with reduced mobi- lity and any persons accompanying them, as well as to the needs of unaccompanied children.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • JPears
    JPears Posts: 5,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Yes. You are due a refund of the additional costs of getting back to Cardiff.
    As far as I am aware you claim the difference between what you paid for your original flight and you re-routed flight.
    You cannot claim both the refund and the additional flight expenses.
    But you also should send a strongly worded letter of complaint to the CAA for Flybe flouting the law both on the denied boarding and not asking for volunteers and then not having the decency to offer you full re-routing rights.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • Hope I!!!8217;m in the right place.
    We were due to fly with Stobartair (Flybe) to Dublin from Southend over a week ago . Someone from their Operations Department rang just befor we were about to leave for the airport and said the flight had been cancelled. We were offerred an alternative flight from London City and taxi travel from our home. Our entire holiday had been booked around flying from Southend ( leaving car there, parking etc)
    So we turned down their offer and cancelled.
    We then had another call from someone else at Operations saying the flight wasn!!!8217;t cancelled the plane had a technical fault and they were using a small aircraft. They said we had been selected as one of the passengers who could not fly on the scheduled plane. We told them we had cancelled and who should we contact for a fefund and compensation. We were given the e-mail of Stobart Customer Care and assured we would get a refund and compensation. Since then all I have had is an automated reply from Stobart saying they are very busy and will reply within 20days.
    Is this normal? They have got my money and have not honoured our ticket, is this what they do as a matter of course?
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