Flight delay and cancellation compensation, Flybe ONLY

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  • 111KAB
    111KAB Posts: 3,645
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    FlyBean wrote: »
    Have had claim refused three times now , latest email suggests Flybe consider a Technical Fault immediately prior to take off is an exceptional circumstance , they say the case law supports a claim for technical problems 24 hours before the flight but not immediately before .Is this view correct?

    Totally incorrect so you have 3 alternatives 1) walk away 2) front claim yourself or 3) appoint no win no fee firm.
  • garethe
    garethe Posts: 7 Forumite
    I've sent a few letters to flybe who are still insisting that according to their records the flight left on time.

    This is a load of rubbish - I don't understand how they expect me to accept it, as I remember being stuck in the airport for 5 hours!

    Anyone else had this?

    I've approached CAA who say they can't continue my case as it's not far off 6 years, and so I should raise it with small claims.
  • 111KAB
    111KAB Posts: 3,645
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    garethe wrote: »
    ..... as it's not far off 6 years, and so I should raise it with small claims.

    If you are close to 6 years then do not wait for the CAA > either claim yourself via MCOL or appoint no win no fee firm telling them of the urgency.
  • Flounder
    Flounder Posts: 21
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    How effective is the option of applying through the CAA on their consumer portal page?

    I have completed form after Loganair (operated by Flybe) cancelled my flight Edinburgh to Stornoway citing a generator failure as extraordinary circumstances. I have emailed them and received fairly prompt replies but they are adamant they are not liable.

    Should I wait for the CAA route or go with the legal route (using household insurance)?

    Many thanks.
  • 111KAB
    111KAB Posts: 3,645
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    Flounder wrote: »
    Should I wait for the CAA route or go with the legal route (using household insurance)?
    Many thanks.

    CAA fairly useless so go the legal route particularly if your house insurance will cover :)
  • Mark2spark
    Mark2spark Posts: 2,306
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    Flounder wrote: »
    How effective is the option of applying through the CAA on their consumer portal page?

    On a scale of 1 - 10 they rate as zero.
  • In tried to claim compensation for a delay from Cardiff airport to Edinburgh. My flight was hijacked because the Flybe flight to Paris went technical and Flybe decided to use the plane scheduled for Edinburgh to fly the Paris passengers and cancel our flight. I travelled on the next available flight but arrived 3 Hrs 28 minutes late.
    Used Martins template letter to claim :T compensation and recieved this reply:-

    Dear Mr xxxxxxxx

    BExxx May 2013

    Thank you for your email correspondence regarding your recent flight with Flybe.

    The above flight was cancelled as a result of an unexpected technical fault with the aircraft operating the flight. Unfortunately as is common with all Airlines, Flybe can suffer from disruption caused by technical issues with our aircraft. Whilst Flybe will do everything possible to operate on schedule, our highest priority is the safety of our crew and passengers and therefore we will not operate an aircraft until the necessary checks and or corrective repairs have been affected and whilst unfortunate, this can result in a delay or cancellation. I appreciate the inconvenience caused and offer my apologies for this.

    When a flight is cancelled, passengers may either obtain a refund of the unused sector of their booking or rebook onto the next available service. I understand that you were rebooked onto the next available flight .

    With regard to your claim for compensation under EU regulations, I am sorry to advise that Flybe are unable to consider this in these circumstances.

    Thank you for writing to us, allowing me the opportunity of response.

    Yours sincerely

    xxxxxxxxxxxxx
    Customer Relations Administrator

    I replied :-

    Dear Ms XXXX

    BEXXX May 2013

    Thank you for your email correspondence regarding my recent flight with Flybe.

    The above flight was cancelled as a result of an unexpected technical fault with the aircraft operating the flight.

    I am sorry but you have been given the wrong information concerning my flight and indeed My plane. The plane scheduled to fly Cardiff to Edinburgh was not cancelled due a technical issue but was indeed used to fly passengers from Cardifff to Paris as their plane had gone technical. This is not the first time this has happened. Again I wish to report that here was no problem with the plane scheduled to fly to Edinburgh.

    With regard to your claim for compensation under EU regulations, I am sorry to advise that Flybe are unable to consider this in these circumstances.

    I would respectfully ask why you are not willing to pay compensation under EU regulations. The flight was due to leave and arrive at EU airports and I arrived at my destination airport later than 3 hrs after the scheduled time.

    Again I ask for compensation.

    If I do not receive compensation as is my right I will pursue this claim through the CAA and if required through the courts.

    Regards,

    Reply from Flybe, Different person! :exclamati:-

    Dear Mr XXXX

    Thank you for your email to my colleague XXXXX in whose absence I am responding.

    Having acquainted myself with your file, I would like to offer my apologies for the incorrect information that XXXXX was supplied with.

    I can confirm that the aircraft arriving into Cardiff did suffer an engine fault however, as you state, operational changes were then made and the Charles de Gaulle flight operated with the Edinburgh being cancelled.

    I therefore confirm our offer of compensation in line with EU Regulations. This consists of 250.00 (£200.00) monetary compensation or a credit note to the value of 350.00 (£300.00) for redemption against future Flybe flights. If you could kindly confirm to me your preference, arrangements can be made.

    Once again, my apologies and I look forward to hearing from you in due course.

    Yours sincerely :j

    Thank you MSE and all the members of the forum for their advice." :A

  • JPears
    JPears Posts: 5,084
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    Well done Sir!
    Congrats
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • Flounder
    Flounder Posts: 21
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    I have written 3 times explaining to Loganair (who are operated by Flybe) that a technical fault is not execptional but this is all I am getting.
    As you remain unhappy with my response, I have sought further information from our Director of Ground Operations – Mr Martin McWilliam who has advised as follows;



    As a result of the operating aircraft having an electrical fault, proponents were transposed to identify where the problem lay in the belief that the generator was at fault. The generator was changed, however, subsequent engine runs proved the fault remained. Our Operations department were advised that it would be necessary to replace the power distribution unit and carry out further ground runs and as a result, the aircraft would be unable to operate to and from Stornoway before the airport closed, even with a one hour extension.



    With this in mind and given that the electrical fault was unforeseen and the airline made every effort to rectify the problem in order to operate flight BE6947, we believe this incident falls within the category “Extraordinary Circumstances” and that EC Regulation 261.2004 Article 5 (3) is applicable.

    I am thinking as the CAA option is a bit lame I should continue with a firm who take a cut for claiming for you? I don't have the time due to working away from home to pursue a court claim myself.

    Any recommendations for a particular firm?
  • TraderTom
    TraderTom Posts: 13 Forumite
    What is the current response time from FlyBe? I sent them a letter on June 2nd asking for a reply in 14 days but no word yet.

    (We had a 3.5hr delay when the inbound flight was delayed owing to technical problems)

    Do I give them a bit longer or do I ratchet matters up a notch?

    Thanks
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