Re-routed flight also delayed - can you claim compensation twice advice

iandv

Hello,

Our flight from Cardiff to Belfast at 18:00 was cancelled minutes before boarding because of a technical issue. We then got re-routed to fly from Birmingham the next morning at 7:00.

However this flight was also delayed because of technical issues and arrived 4 hours late.

Are we entitled to two separate claims - one for the cancelled flight from Cardiff and the other re-routed flight which was delayed from Birmingham.

Many Thanks

Tyzap

iandv wrote: »

Hello,

Our flight from Cardiff to Belfast at 18:00 was cancelled minutes before boarding because of a technical issue. We then got re-routed to fly from Birmingham the next morning at 7:00.

However this flight was also delayed because of technical issues and arrived 4 hours late.

Are we entitled to two separate claims - one for the cancelled flight from Cardiff and the other re-routed flight which was delayed from Birmingham.

Many Thanks

In short, yes.

Two separate claims tho.

If it was a further delay, to an already delayed flight (with same flight number) it would count as the same delay. In your case tho it's clearly two different flights.

Alan_Bowen

Poor old Flybe, they clearly aren't any better under new ownership, are they? Hopefully, they also provided overnight accommodation near Birmingham Airport as well?

Tyzap

Alan_Bowen wrote: »

Poor old Flybe, they clearly aren't any better under new ownership, are they? Hopefully, they also provided overnight accommodation near Birmingham Airport as well?

Under new ownership but not showing any signs of improvement yet, there really are in a mess at the moment.

iandv

Thanks all for your help and guidance. I will put in two separate claims.

iandv

Hi

Flybe have responded and stated that under EU Regulation 261/2004 it says that claims are considered of the entire journey to the arrival airport as per the booking not on a per flight basis?

So it says that I can only claim for the first flight from Cardiff to Belfast which was cancelled and not the delayed re-routed flight from Birmingham airport to Belfast the next day which was a different flight number, but it was under the same booking reference.

Are Flybe correct stating that claims are not assessed on a per flight basis but in consideration of the entire journey so we are only entitled to claim once? Or are they trying to chance their arm as I thought it was on a per flight basis not a per booking basis?

Many thanks

JPears

NO.
Your first flight was cancelled. End of. Your are then entitled to a refund or re-routing on a different flight. Compensation due.
Your second flight was a different booking entirely. Delayed. Valid claim.
Flybe are wrong.

iandv

Thanks - just to clarify. The re-routed flight was under the same booking reference, so it is still valid to claim for the 5 hour delay along with the initial flight being cancelled because of technical issues.

How would you reply?

JPears

Booking reference is not relevant here. You were booked on 2 different flights.
Word it along the lines that your first flight was cancelled. That is the end of the story for this journey. Compensation due and either a refund or re-routing due.
You chose re-routing, on a completely different flight - route and flight number. which was then delayed beyond 3 hours and no EC.
Compensation due.
It would have been the same if you had taken a refund and booked yourself on the alternative flight.

If they still deny the second claim them ask for a deadlock letter and take your case to an ADR.

iandv

Will have to ask for a deadlock letter, they are sticking with their stance that because it was on the same booking reference it is considered to be part of the same journey to Belfast, so in accordance with EU Regulation 261/2004 no further payments are due.

iandv

Before I ask them for a deadlock letter, I just wanted to ask with EU Regulation 261/2004 are claims on a flight basis or a booking reference basis?