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Old 22-09-09, 07:33 PM
ChrisC ChrisC is offline
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Join Date: Sep 2009
Posts: 1
Default FlyBe BE7208- Cancellation advice

Hi,

My FlyBe flight was cancelled a couple of weeks ago, and I wrote to them asking for compensation under the EU legistlation.

Predictably, they responded with..

"As you may be aware, your flight was cancelled as a result of technical issues experienced.... On this occasion, the aircraft scheduled to operate flight BE7208 incurred a windscreen problem and was unable to continue the schedule

Following the introduction of the EU Legislations, airlines are not required to offer compensation when a delay or cancellation is the result of 'extrordinary circumstances'"



From looking at other posts from here, I feel that a windscreen problem is not extraordinary and therefore my compensation claim is valid.

Please can you let me know your thoughts on this, and what my next steps should be.

Thanks
Chris
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Old 24-09-09, 09:48 PM
Hugh Hugh is offline
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Join Date: Feb 2008
Posts: 1,507
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Quote:
Originally Posted by ChrisC View Post
Hi,

My FlyBe flight was cancelled a couple of weeks ago, and I wrote to them asking for compensation under the EU legistlation.

Predictably, they responded with..

"As you may be aware, your flight was cancelled as a result of technical issues experienced.... On this occasion, the aircraft scheduled to operate flight BE7208 incurred a windscreen problem and was unable to continue the schedule

Following the introduction of the EU Legislations, airlines are not required to offer compensation when a delay or cancellation is the result of 'extrordinary circumstances'"



From looking at other posts from here, I feel that a windscreen problem is not extraordinary and therefore my compensation claim is valid.

Please can you let me know your thoughts on this, and what my next steps should be.

Thanks
Chris
Welcome Chris,

It would be up to the carrier to prove to you that the specified windscreen problem was extraordinary. The judgment from the Wallentin Hermann case would tell us that in most cases it would not be.

But who knows-maybe Archbishop Desmond Tuti had created a windscreen problem by super-glueing himself to that windscreen. That would be quite extraordinary.

I think you could ask the carrier whether this was or was not the case.

Send the precdent letter-update it to include reference to the Wallentin-Hermann judgement and tell the carrier that you will ask a court to deliver a judge ( courtesey of the county court small claims track) to ask similar questions if the carrier decides not to provide further and complete particulars.
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