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Flybe refusing to pay delayed flight compensation until a supreme court decision?
Arcan
Posts: 89 Forumite
Not sure what to make of this? I've included the full email below:
"Thank you for your e-mail dated the 30th July 2014, regarding your flight with us on the 14th December 2011.
I am sorry to hear of the delay that you encountered on your flight. I have looked in to your booking and can see that flight BE428 on the 14th December 2011 was delayed 3 hours and 5 minutes due to the aircraft you were due to fly on having to be swapped due to technical difficulties.
Regarding your claim for compensation, as you may be aware on the 11th June 2014 a case similar to yours was heard in the court of appeal (Jet2 v Huzar). The ruling was found in favour of Huzar and as a result the case is now being referred to the Supreme Court of Appeal.
Until the matter is determined by the Supreme Court we will stay your claim which arose as a result of technical difficulties. For clarity we intend to handle your correspondence in one of the following ways -
1 - If the appeal is refused we will write to you in line with the most current ruling under the EU Regulation 261/2004.
2 - If it is decided that the case is to be heard by the Supreme Court of Appeal we will write to you following the final ruling.
You need to do nothing further and we will hold details of your claim on record until a decision is made by the Supreme Court. Please be aware that this could take some time and the court is unlikely to make a decision on whether it will accept the case in the Supreme Court until later this year.
There is a 6 year limitation period on UK claims; however as you have written to us within this period we will still consider your claim, even if the 6 year limitation period expires between now and the Supreme Court decision.
In the meantime we offer our apologies for the disruption that you have experienced and we would like to assure you that we will be in contact in due course following the decision made by the Supreme Court."
Are they allowed to do this and what does it mean for the success of my claim?
"Thank you for your e-mail dated the 30th July 2014, regarding your flight with us on the 14th December 2011.
I am sorry to hear of the delay that you encountered on your flight. I have looked in to your booking and can see that flight BE428 on the 14th December 2011 was delayed 3 hours and 5 minutes due to the aircraft you were due to fly on having to be swapped due to technical difficulties.
Regarding your claim for compensation, as you may be aware on the 11th June 2014 a case similar to yours was heard in the court of appeal (Jet2 v Huzar). The ruling was found in favour of Huzar and as a result the case is now being referred to the Supreme Court of Appeal.
Until the matter is determined by the Supreme Court we will stay your claim which arose as a result of technical difficulties. For clarity we intend to handle your correspondence in one of the following ways -
1 - If the appeal is refused we will write to you in line with the most current ruling under the EU Regulation 261/2004.
2 - If it is decided that the case is to be heard by the Supreme Court of Appeal we will write to you following the final ruling.
You need to do nothing further and we will hold details of your claim on record until a decision is made by the Supreme Court. Please be aware that this could take some time and the court is unlikely to make a decision on whether it will accept the case in the Supreme Court until later this year.
There is a 6 year limitation period on UK claims; however as you have written to us within this period we will still consider your claim, even if the 6 year limitation period expires between now and the Supreme Court decision.
In the meantime we offer our apologies for the disruption that you have experienced and we would like to assure you that we will be in contact in due course following the decision made by the Supreme Court."
Are they allowed to do this and what does it mean for the success of my claim?
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