Aelx2k

Hello everyone,

How quickly does FlyBe usually respond to compensation requests as per EU law on delayed flights?

On June 4 I was supposed to fly from Guernsey back to London at 8:10pm but their flight was canceled due to technical problems. I was given a hotel + dinner and scheduled on their morning flight the day after.

Given that my delay was greater than 12hrs and caused by technical problems, I sent them an email on June 5 asking for 250 Euros of compensation (plus the taxi fare to from the hotel). Just to be sure, I also sent them the same email by registered mail on June 10 (and it was delivered on June 11....within a week of the delayed flight).

As of today, June 29, I still have not heard back from them. Do they have a maximum amount of time to reply? At which point can I escalate the issue and with whom?

Thanks a lot!

ft101

They can take as long as they want, or can just ignore you altogether.

The ball is then back in your court and if you are going to pursue it through the courts you must send a Notice Before Action informing them of when you intend to do this if you do not receive a response.

Aviatrix

I may be misremembering... but I think their stated response time is something like 28 days (have a look on their web site). Even if it isn't I'd probably give them a month before sending a follow-up.

Aelx2k

Thanks for all the replies. Maybe, I'll give them 1.5 months and then use one of those websites that charge a 25% commission. Does that sound reasonable? Which website should I consider?

Work-Shy

My parents recently flew NQY-BHX-EDI but the BHX-EDI sector was delayed by 4 hours. They were told that the delay was a "technical problem" and we're NOT offered any refreshments, telephone calls or notice of their rights (contrary to FlyBe's own passenger charter). On their behalf, I successfully filed a request under FlyBe's 60:60 guarantee:

http://www.flybe.com/en/6060/

Interestingly, the 60:60 guarantee states that FlyBe will pay when the delay was within their control (i.e. NOT extraordinary circumstances). Would it be too much to infer that FlyBe are also liable to pay EU261/04 compensation (Type 1 (less than 1500km) flight delayed by more than 3 hours)? I sent off a request for EU261/04 compensation and note that FlyBe are keeping such claims on hold pending the outcome of the latest court appeal.

Does anyone have any experience of whether FlyBe just pay up if you initiate a small claims court/MCOL action against them?

Thanks for any advice,

Work-Shy

ft101

I don't know whether accepting the 60:60 compensation affects your claim, but if you issue court proceedings they will almost certainly be stayed waiting on the outcome of any appeal.

Work-Shy

Thanks very much. I read through the 60:60 terms and conditions but there was no reference to further claims. Having essentially admitted liability by paying the 60:60 claim, I really cannot see how FlyBe can wriggle out of paying a EU261/04 claim for a 4 hour delay (of their own making).

On reading the BA approach to EU261/04 claims, it appears they pay up on submission of the small claims court/MCOL action (regardless of the state of the current appeal).

ft101

I'm not sure what BA's approach would have to do with your case, but both they and Flybe are reportedly staying cases to wait on the Huzar appeal decision.

Aelx2k

Hi,

I have an update. A few days ago, I finally heard back from FlyBe.

In my opinion, either we wait for the supreme court hearing (which would be won by the passenger, in my opinion) or we submit a claim to the small claims court which will certainly result in victory given the latest ruling. It would indeed be interesting to find out whether, in the latter case, Flybe would just pay compensation rather than defend itself.

In case they would not pay compensation right away, how long would it take to have a case heard in the small claims court? longer than we would have to wait for the supreme court decision?

Also, if technical difficulties are beyond an airline's control, than what is!?

Thanks!


"First of all on behalf of Flybe, I would like to apologise for the delay in responding to your letter dated the 5th of June 2014.
After a thorough investigation into the situation, I can confirm that flight BE638 on 04/06/2014 was cancelled due to a technical fault with the aircraft which made it unsafe to use. I would like to offer my most sincere apologies for this cancellation, as well as for any disruptions and inconveniences caused as a result.
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."

Work-Shy

Given the decision yesterday to reject the appeal, how long should I give before chasing FlyBe for the EU261/04 compensation for my parents? I poked them on Twitter yesterday with the complaint reference but no response yet.

Work-Shy

Aelx2k

Thanks for the news! Let's give them a few weeks, maybe?

fairhsa

On a slightly different note... I booked a flight for my husband and I on 27 December, Exeter to IOM via Manchester with Flybe. It had an (allowed) 35 min connection. Today I got an email from them saying I had to ring customer services. So I did (from Hong Kong, where I live) and they have changed the MAN-IOM sector to leave 10 minutes earlier, and are now saying my flights are no longer valid and I have to fly on the next flight.... which is 10 HOURS LATER.

So, not quite a 12 hour delay... about a 10 hour delay... and entirely due to them changing schedules.

My entire itinerary is now up in the air.... we are only in the UK for a week, and I had a detailed plan to fit in my parents, husbands relatives and this short break in IOM for which I have booked (non-refundable) hotel and other stuff.

Anyone any suggestions/experiences to share about how FlyBe normally operate? I'm pretty pissed off right now, it's only a month before the damn flight and all the other options are now either full or extremely expensive.

Work-Shy

I am beginning to think this is exactly how FlyBe operate. Given that they notified you more than 2 weeks before departure, I fear they aren't obliged to do any more for you. However, somebody far wiser than me may be able to confirm this for you.

I chased up my original complaint about the 3+ hour delay my parents experienced and had an illuminating conversation with the "customer relations" rep (all attempts to cajole an update out of the hopeless/uneducated "social media" team were fruitless). I asked if there was any update to the request for EU261/04 compensation following the decision of the UK Supreme Court to reject the Jet2 appeal. The rep responded that all cases were still being reviewed by the "legal department" for final resolution.

The rep agreed that it sounded like stalling tactics and actually wished FlyBe would fulfill their obligation and pay the compensation. I have lost all patience with these clowns and have drafted a Letter Before Action for my parents to sign and pop in the post recorded delivery.

lfc84

Two option I can think of.

1) Drop MAN-IOM. When you land in Manchester, then head for Liverpool and take Easyet to IOM.

2) Get up to BHX for BHX-IOM

Work-Shy

My parents got the following e-mail a few days ago:

Dear Sir / Madam
Your EU261/2004 claim
We write to provide you with an update on our progress with reviewing your claim.
Following the Supreme Court's decision not to grant permission to appeal in Jet2.com v Huzar, it has been necessary for Flybe to undertake an internal review, together with our legal advisers, of all claims where there has been a technical issue with an aircraft and a defence of "extraordinary circumstances" potentially applies.
While this review is in progress, it involves a substantial number of claims. Currently we hope that the review will have completed within the next 8 weeks, ie by 15 January 2015.
We also wish to make you aware that a request for a ruling on whether a technical problem can constitute an 'extraordinary circumstance' has been submitted to the European Court of Justice. The English Courts are currently considering how claims are dealt with in light of that request to the European Court of Justice.
We will provide you with an update on the English Courts' position once this is known and we will be in touch on or before 15 January 2015 to advise how your claim will be taken forward.
As you have received this letter we hold your details on file and there is no further need to contact us.

Kind regards
Flybe

Frankly, this still looks and sounds like a stalling tactic and I am tempted to post the Letter Before Action and see what happens.