This is a flat out lie.  I've had several orders fail due to low reserves, demanded my fees back and got nothing every time. I didn't even consider asking for the BTC price difference, although I made it quite clear that I was pissed off due to price move during the outage.  

Instead I got a "most people understand how our service works," implying it was my fault that the order failed, when I said you should at least warn people about not being able to fill orders.

EDIT: I have been given a generous refund for not only the fees on my messed up orders, but also BTC price difference.  Consider me very impressed.