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

Justice13075

You are overthinking this JPears has given you the correct advice just follow it and ask for the deadlock letter.

iandv

Hi
I just wanted some expert clarification on this please and a possible response to an update of the above.

I have been informed that because of the cancellation of our original flight minutes before departure and we were booked onto a new Flybe flight the next day (free of charge) to serve as an alternative flight to our original flight, this is classed as an assistance flight.

They go on to reference the case of Nelson, the court of justice of the EU

“54 The specific obligation to pay compensation, imposed by Regulation No 261/2004, does not arise from each actual delay, but only from a delay which entails a loss of time equal to or in excess of three hours in relation to the time of arrival originally scheduled.”

So basically, they are saying that customers are only entitled to one standard compensation amount for the total delay to their destination?

As this was an assistance flight (or re-routed flight) even though as I mentioned that it was from a different airport, different flight number etc they are stating that we are only entitled to be compensated once?

I find this a little hard to believe? How would you respond?

JPears

No. they are quoting Nelson which does not apply here.
your flight was cancelled, not delayed. End of.
Your re-routed flight had nothing to do with the original.
2nd claim.
Take your second delayed flight to ADR. I would at this stage not mention that you were re-routed as it should be regarded as a seperate flight. Let Flybe do the hard work when they respond to ADR.
Have you received ANY compensation yet?

iandv

Yes for the first cancelled flight. Their position for our second delay of over 4 hours was that it's the same booking and journey(destination) so compensation is only applicable once (even though its was a different flight and from a different airport)

So next step is to reply back and state that Nelson does not apply here as our flight was cancelled and not delayed. How would you respond back to them?

JPears

No. I would just go to ADR. Its 8 weeks or so since you got the first rejection?

iandv

Yes they are adamant that they only have to pay out for the one journey

Do I ask for a deadlock letter from Flybe for the ADR?

Tyzap

iandv wrote: »

Yes they are adamant that they only have to pay out for the one journey

Do I ask for a deadlock letter from Flybe for the ADR?

No need if it's over 8 weeks from first claim.

ADR companies understand the regs and so I would expect them to find in your favour. It just takes a bit of time.

Good luck.

iandv

ok thanks - so need to respond back to Flybe?

What do ADR companies do and do they take a % ?

What is a deadlock letter for?

JPears

Start googling!
An ADR is an alternative dispute resolution service.
The CAA have all but wash their hands of the regulation as they don't want to upset their paymasters the airlines and they can't be bothered ADRs are used instead.
The results are variable. Flybe are probably signed up to Aviation ADR (it should be on the website somewhere) but it could be CEDR. ADrs can take a fee, if you loose, but I've never heard of one. They charge the airlines £125 for each case.
Deadlock letter is required by an ADR unless your complaint is more than 8 weeks old.