Thread: Zubo vs BMIBaby 2006 Delays & Cancellations

Hi All

Further to my post re EU Regulations here

http://www.consumeractiongroup.co.uk...tml#post554592

Here are the details of my letter before action - total claim inc N1 and aq is around £969.86

Any comments on the poc would be appreciated:

1.The Claimant prior to 2006 and upto the present day commutes weekly between Birmingham and Edinburgh using the services of the defendant. The defendant during 2006 continuously contravened the EU Regulations – ‘REGULATION (EC) No 261/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 February 2004’ and despite repeated attempts by the claimant to obtain remedy under the regulations has on each occasion been denied remedy by the defendant.

2.The details of the claim are listed below in chronological order and a schedule of the claims to remedy as prescribed in the EU No 261/2004 Regulations is attached.

3.On the 17th March 2006 the claimant was booked onto BMI Baby flight WW1004 scheduled to leave on or around 18:00 from Edinburgh flying to Birmingham. The claimant was notified by the defendant’s staff that the flight was expected to be 2hrs 45 minutes late. In fact the flight was even later. The defendant, in accordance with the regulations offered to book the defendant onto either the later flight or the following morning flight. The claimant requested and was booked onto the first flight the following morning. The claimant contends that since the defendant had scheduled a later flight, that the flight the claimant was booked onto was to all intents and purposes cancelled, since other travelers who had intended to travel later were booked onto this ‘delayed’ flight. Accordingly the defendant is entitled to a claim under the EU No 261/2005 Regulations Article 5 Cancellations Sections 1(a), (b) and (c) and Article 7 Right to Compensation Section 1(a), Articles 9 Right to Care Sections 1(a), 1(b) and 1(c) 2. Items 1 – 4 on the attached schedule refers to this.
4.

OOn the 5th May 2006 the claimant was booked onto BMI Baby flight WW1004 scheduled to leave on or around 18:00 from Edinburgh flying to Birmingham. The claimant was notified by the defendant’s staff that the flight was cancelled. The defendant, in accordance with the regulations offered to book the claimant onto either the later flight or the following morning flight. The claimant requested and was booked onto the later flight but that was the further delayed making it impossible for the claimant to travel back home except by using the first flight the following morning. Accordingly the claimant is entitled to a claim under the EU No 261/2005 Regulations Article 5 Cancellations Sections 1(a), (b) and (c) and Article 7 Right to Compensation Section 1(a), Articles 9 Right to Care Sections 1(a), 1(b) and 1(c) 2. Items 5 – 8 on the attached schedule refers to this.


5.On the 9th May 2006 the claimant contacted the defendant’s sales staff and made an amendment to his bookings. These were originally – Edinburgh to Birmingham Thursday 13th July 2006 at 18:05 and Birmingham to Edinburgh on Tuesday 18th July 2006 at 06:55. These were changed to Edinburgh to BHX on Saturday 15th July at 08:35 and BHX to Edinburgh on Tuesday 18th July at 06:55. Two payments appeared on the claimants bank statements for 11th July 2006 BMIBaby £33.35 and 11th July 2006 BMIBaby £51.93. The first change occurred without problem, but on the 18th July 2006 the defendant’s staff at Birmingham had no record of the claimant’s booking and accordingly denied him boarding. The claimant was obliged to pay for a single flight with BA. The claimant is claiming for a full refund of the original booking and alteration fee and in accordance with EU No 261/2005 Regulations Article 4 Denied Boarding, Section 3 compensation is claimed in accordance with Article 7, 8 and 9. Items 9-12 on the attached schedule refers.

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The defendant, in accordance with the regulations offered to book the defendant onto either the later flight

Para 3: Should be claimant.

thanks Michael - I changed about 6 of these - thats why I need extra eyes...

Originally Posted by Bookworm

AQ fee is only payable on claims over £1500.

And don't forget to add the 8% Statutory APR as allowed by county court Claims Act, s.69

Bookworm

Thanks for the comments. I must admit that the interest was bothering me a tad because I was using a spreadsheet where I used a daily rate which had been charged against me.... think this is wrong!

eg first two lines

The lines below show the date, description, claim amount, no of days since today, the value of the interest = claim amount x no of days x 16.9 / 100 /365, the cuml interest

17-Mar-2006 Section 7.1(a) 250 EUR converted at 11/02/07 167.01 331 25.60 25.60 17-Mar-2006 Section 9.1(a) meal 25.00 331 3.83 29.43
mybe this should be claim amount x no of days x 8.0 /100/365

Comments?

Correct, you should replace the 16.9 with 8.

thanks vampiress, did not feel comfortable with my greed.

ALL I want is a little justice... its a bit sad but had I received an apology and a bottle of nice wine I would be their best friend.

When will these companies realize that Customer Services DOES work with budget prices....

Hi Zubo
Good luck with your claim against BMI Baby.
We were booked last year in March and when we arrived at the airport 2hrs or so before our flight found that the had in their infinate wisdom changed the timetable and our flight left without hardly any passengers and they forgot to tell the passengers. They did after a complaint send me a useless voucher for £50 as it is only off a full fare and not off any of the cheaper offers and probably we would never be able to use it. Have thought about taking a claim for our losses on that day, but the bank charges have at present taken priority.
DS

Originally Posted by dsilverstein

Hi Zubo
Good luck with your claim against BMI Baby.
We were booked last year in March and when we arrived at the airport 2hrs or so before our flight found that the had in their infinate wisdom changed the timetable and our flight left without hardly any passengers and they forgot to tell the passengers. They did after a complaint send me a useless voucher for £50 as it is only off a full fare and not off any of the cheaper offers and probably we would never be able to use it. Have thought about taking a claim for our losses on that day, but the bank charges have at present taken priority.
DS

Thanks for your support.

In your case you have a perfectly valid claim for breaches against Article 4.3 Denied Boarding which entitles you to compensation as per Article 7 and assistance as per Articles 8 and 9.
7. (a) EUR 250 for all flights of 1 500 kilometres or less;
(b) EUR 400 for all intra-Community flights of more than
1 500 kilometres, and for all other flights between 1 500
and 3 500 kilometres;
(c) EUR 600 for all flights not falling under (a) or (b).
3. The compensation referred to in paragraph 1 shall be
paid in cash, by electronic bank transfer, bank orders or bank
cheques or, with the signed agreement of the passenger, in
travel vouchers and/or other services.
8. 1. Where reference is made to this Article, passengers shall
be offered the choice between:
(a) — reimbursement within seven days, by the means
provided for in Article 7(3), of the full cost of the ticket
at the price at which it was bought, for the part or
parts of the journey not made, and for the part or parts
already made if the flight is no longer serving any
purpose in relation to the passenger's original travel
plan, together with, when relevant,
— AND a return flight to the first point of departure, at the
earliest opportunity;
(b) re-routing, under comparable transport conditions, to their
final destination at the earliest opportunity;
9
1. Where reference is made to this Article, passengers shall
be offered free of charge:
(a) meals and refreshments in a reasonable relation to the
waiting time;
(b) hotel accommodation in cases
— where a stay of one or more nights becomes necessary,
or
— where a stay additional to that intended by the
passenger becomes necessary;
(c) transport between the airport and place of accommodation
(hotel or other).
2. In addition, passengers shall be offered free of charge two
telephone calls, telex or fax messages, or e-mails.

I think you should think very seriously about putting an lba together as I have and ensuring that they understand the real compensation cost - not this silly unredeamable voucher!! I bet they did not even offer you their standard letter of compensation you are due as required by the Regulations.
PM me if you need help putting it together - don't let a little thing like lack of time put you off...

Originally Posted by zubo

Thanks for your support.

In your case you have a perfectly valid claim for breaches against Article 4.3 Denied Boarding which entitles you to compensation as per Article 7 and assistance as per Articles 8 and 9.
7. (a) EUR 250 for all flights of 1 500 kilometres or less;
(b) EUR 400 for all intra-Community flights of more than
1 500 kilometres, and for all other flights between 1 500
and 3 500 kilometres;
(c) EUR 600 for all flights not falling under (a) or (b).
3. The compensation referred to in paragraph 1 shall be
paid in cash, by electronic bank transfer, bank orders or bank
cheques or, with the signed agreement of the passenger, in
travel vouchers and/or other services.
8. 1. Where reference is made to this Article, passengers shall
be offered the choice between:
(a) — reimbursement within seven days, by the means
provided for in Article 7(3), of the full cost of the ticket
at the price at which it was bought, for the part or
parts of the journey not made, and for the part or parts
already made if the flight is no longer serving any
purpose in relation to the passenger's original travel
plan, together with, when relevant,
— AND a return flight to the first point of departure, at the
earliest opportunity;
(b) re-routing, under comparable transport conditions, to their
final destination at the earliest opportunity;
9
1. Where reference is made to this Article, passengers shall
be offered free of charge:
(a) meals and refreshments in a reasonable relation to the
waiting time;
(b) hotel accommodation in cases
— where a stay of one or more nights becomes necessary,
or
— where a stay additional to that intended by the
passenger becomes necessary;
(c) transport between the airport and place of accommodation
(hotel or other).
2. In addition, passengers shall be offered free of charge two
telephone calls, telex or fax messages, or e-mails.

I think you should think very seriously about putting an lba together as I have and ensuring that they understand the real compensation cost - not this silly unredeamable voucher!! I bet they did not even offer you their standard letter of compensation you are due as required by the Regulations.
PM me if you need help putting it together - don't let a little thing like lack of time put you off...

Hi Zubo
Many thanks for your imput I will read it through and put together a LBA, but I did not mention to you that they did after a lot of messing arround get us on another flight to Alicante instead of Palma Majorca, I did have to cancel at short notice the hotel and re-book in Alicante. I did also have out of pocket expenses which I had listed to them.
Lack of time to dela with this has been holding this matter up. However, I am mindfull that this situation that we suffered should not deter me and my O/H from fighting this all the way.
Thankyou so much
DS