My first foray into independent travel with my new powerchair didn't end that well!

Outward flight was spot on, all promised help was provided, cheerful assistance staff at both airports and a seamless journey from end to end.

Return flight was cancelled with no notice.

I have had conflicting reports as to why including weather (at the destination, not the departure airport), earlier delays due to weather at the destination meaning the aircraft was not in the right place and earlier delays due to bad weather in Ireland causing a knock-on effect on other flights.

At the time my flight was due to depart there were no issues with weather at either end.

Assistance at the airport was non-existent - no Flybe staff at all.

Eventually directed to the Swissport desk who just shrugged.

Eventually they said that all passengers would be taken by bus to an hotel.

After some argument I persuaded them that I really couldn't drive the chair up the bus steps and they sent me to the taxi rank with a voucher.

I was absolutely refused any further assistance with locating a suitable taxi or with my luggage but was assured that an accessible room had been reserved for me.

I was given nothing about my rights nor any contact details or information about when to return to the airport.

An extremely helpful Spanish taxi driver phoned for an accessible taxi for me and also translated the hotel name scribbled on the voucher.

The taxi itself had a ramp, full stop.

No means of securing the chair or me, and every time he went round a corner, the chair tipped sideways. Scary.

After 45 minutes or so I was literally deposited in the middle of a junction outside a building which I presumed was the hotel but could equally have been a posh office, but not a dropped kerb in sight. I did eventually locate one round the back of the building next to the disabled access, relief!

Or not. The receptionist took one look at me and said they didn't accept wheelchair users (so why a wheelchair entrance?) even though they did have a lift.

By this time the bus had also arrived and was offloading 65 other passengers several of whom tried to intervene.

About an hour later another taxi arrived (this one did at least have a strap that the driver wrapped around the chair a bit) and took me to another hotel, though I had to pay.

Neither I nor the hotel were able to obtain any information (or even a reply) from Flybe or the airport next morning,

I opted to take myself back (another dodgy taxi, another fare) to find out what was happening.

In the meantime, I'd asked my sister in the UK to keep trying Flybe and get them to ring me, which they did just as I arrived.

Unfortunately 45 minutes later and we were no further forward

- according to Flybe there were no other flights from anywhere in Spain to anywhere in the UK for 48 hours,

which was an absolute lie as there were seats on several other flights from that airport that day.

Having given up on Flybe I joined the other passengers who'd decided to take matters into their own hands at the Swissport desk.

Once again the first reaction was not promising, but once I made them (and everyone within earshot) aware that Flybe would have to reroute us with a different carrier if they couldn't get us home that attitude changed somewhat, perhaps because I was also handing out slips of paper with CAG's web address.

They were in the process of getting authorisation from Flybe to route us through Barcelona and Paris when I was told to go to check-in as they'd miraculously found a seat for me on the next flight, leaving in 20 minutes.

I've let things fester for a few days, mostly because by the time I got to the UK I was wiped out,

I've just received a generic letter from Flybe offering everyone a £75 voucher.

My first response wouldn't get past the CAGbot, my second is to seek opinions from the forum.

1. Flybe are claiming 'extraordinary circumstances' so no automatic compensation.

Are they right as there was no problem with the weather at either end by the time our flight was due to depart.

2. I know I can claim the taxi fares, would it be reasonable to hold Flybe responsible for the humilation of being refused a room in the hotel they picked and the stress of being carted around a strange city at night and on my own?

I wouldn't normally consider travelling alone at night other than with a taxi firm known to me.

I was genuinely quite terrified by the whole experience.

3. When booking special assistance, Flybe promise that should there be any issue with your flight they will notify you direct as soon as possible to discuss with you how to proceed. This obviously didn't happen, and in fact other than reluctantly sending me by taxi, they made absolutely no allowance for my disability.

Had they spoken to me earlier I'd have told them the best option would be for me to stay where I was where I not only had accessible facilities but also several people on hand to help me use them. Is this breach of contract?

Very sorry for the long post but I hate when people give bits of information piecemeal.

wow

I would think they are liable for everything IMHO.

big rumours up north here they are going down the plughole like monarch too

the ex-tropical storm blowing across Ireland and the north of the UK is an "exceptioanl circumstance"

so they dont have to pay out a bean to people directly affected

I dont know what the situation is for knock on effects, the volcano in Iceland erupting a few years ago is an example that would be similar so you will need to see what the CAA said about that.

Now if the CAA said that it tough as far as the airlines go then yes, they should have offered a transfer to another carrier but as you didnt decide to pay for another fligt you can hardly ask for reimbursement.

As for the taxi farce and the hotels then that is somehting that may well have to rely on Spanish law as far as discrimination goes,

it will be similar to ours so not the end of the matter and anyway,

your contract was agreed here in the UK so all of that will most likely be covered by the implementation and interpretations in the UK.

What a horrible experience.

I'd be tempted to try and use one the flight compensation websites to see if you can make a claim.

I'm taking advice from EHRC and the CAA.

To be honest, paying me compensation for the delay may be the least of Flybe's concerns.

So after a lengthy silence whilst pursuing the complaint against Flybe, I would appreciate some independent opinions.

I've dropped the cancelled flight claim for now to focus on other more important matters. Flybe have admitted in open correspondence that they deliberately accommodated me in a separate hotel from the other passengers and that they didn't arrange transport for me as they did for all the other passengers. The hotel where I was accommodated was of a lesser standard (3* instead of 4*, snack bar instead of renowned restaurant, in the middle of a run down residential area on the outskirts of the city instead of on the sea front in the middle of the tourist area).

Flybe's only explanation for how I was treated is that they have a policy to offer no assistance to any passenger outside the airport building regardless of age or disability. They haven't explained how this resulted in me being carted around the city in unsafe taxis and ending up in a completely different hotel to everyone else - if they'd done it on racial grounds, it would be called segregation and is specifically identified as discrimination in the Equalities Act.

Their latest offer is about 1/3 of what I consider to be the minimum acceptable and is subject to the usual gagging clause and denial of any wrongdoing or liability. If they want me to even consider agreeing to a gagging clause, they're going to have to make their offer so high that I won't risk court on costs grounds.

I need to use this particular flight regularly to visit family, and I need to be reasonably sure that in the event of another cancellation I won't be abandoned again and so a gagging clause is wholly counter-productive - I'm sure airlines will only play ball if they know they'll be hit in the pockets if they don't and that relies on cases like mine being made public.

Though originally trying to avoid Court, after the way Flybe have dealt with my complaint I'm now fully prepared to go all the way. I'm absolutely certain that proving indirect discrimination as an absolute minimum is a given in view of their blanket policy, and in view of their admission about the hotel I was put in and other matters, I'm as sure as I can be that I can prove discrimination arising from disability on a number of counts and probably direct discrimination as well.

Leaving aside the question of costs, I'm of the opinion that even if I lost on every count at a first hearing and on appeal, I'd still have won because how Flybe treat disabled passengers will be on record as in Stott v Thomas Cook (http://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Civ/2012/66.html&query=(airline)+AND+(montreal)+AND+(%22disability+discrimination%22)) where although the disabled passenger didn't get damages, Thomas Cook did not come out looking good.

All sound reasonable or am I being a bit obsessive?

Claim needs to be issued by 15th April at the latest.

How much have you claimed for? And how did you reach this figure?

I wouldn’t be worried about costs - this will all be done on a small claims track, so neither side will be liable for anything other than the basic court fees.

You should be entitled to:

a) compensation under Regulation 261/04 for the cancelled flight, if the weather didn’t affect your flight directly. You can enter the flight details in one of the better flight checker databases (like Botts solicitors) to see if they think this flight is eligible for compensation;

b) the costs of taxis, hotels and reasonable refreshments during extended delay - but you get nothing under the Regulation for being in a less good hotel than other passengers. The obligation is just to provide accommodation.

I'm not claiming compensation for the delay or care costs, I'm claiming for discrimination arising from disability so it does matter that I was separated from other passengers and put in a worse hotel. The Equalities Act applies to airlines just as much as any service provider, other than during the actual flight.

I'm claiming for injuries and injury to feelings, the exact amount being based on the Vento scale and subject to the court's discretion. It's likely to be fast track not small claims.

Hi RMW.

How is this going for you please?

HB

"The matter has been settled and the terms of the settlement are confidential".

Many thanks for the update.....pity you couldn't expand a little further in view of the assistance given and other posters following.

The only part of a confidential settlement is the amount involved...not the details.

Many thanks for the update.....pity you couldn't expand a little further in view of the assistance given and other posters following.

 

The only part of a confidential settlement is the amount involved...not the details.

I don't see how you can believe that, unless you have seen the details of that particular settlement agreement.

Regardless of if settled by a Tomlin Order or negotiation before a claim is issued, the settlement (once agreed) becomes part of a contract between the parties (given that there is offer, acceptance, consideration, and an intent to create a legal relationship). So, what is or isn't confidential is set by the terms of that contract, and may include details other than the settlement amount.

If I was to be offered a settlement where the whole thing was to be kept confidential, I can counter-offer a settlement (for the same settlement amount) where only the settlement amount is confidential. They can then accept or refuse my offer .......