Cancelled BMI Baby flight 04/07/09

[algorfa]

First time of posting here and would welcome any advice / suggestions.

 

3 months ago my daughter booked a flight from Birmingham to Newquay departing Saturday 8.55am.

 

I drove her to the airport and only 5 minutes away my wife called to inform us that the flight was cancelled due to technical difficulties.

 

When we got there this was confirmed and that we could be put on the next flight which was not until 8pm the following evening.

 

This meant her missing 2 days of her well earned break, so I said we would have the refund but BMI Baby would not refund there and then and that we have to apply in writing which could take up to 6 weeks for the refund to be handed back.

 

Instead of rebooking I drove her down at my expense and stayed with friends overnight, returning Sunday morning.

 

(Apologies for the ramblings) ;-)

 

Obviously I will be seeking the refund, but what does anyone think of my chances of getting back compensation as per the Montreal Convention etc

 

I would add that we did take out travel insurance through BMI Baby (Fogg Travel Insuance).

 

Are there any letter templates should I wish to pursue this further.

 

Thanks in advance for any assistance.

 

Al

[Thailand]

Article 5

Cancellation

1. In case of cancellation of a flight, the passengers concerned shall:

(a) be offered assistance by the operating air carrier in accordance with Article 8; (b not applicable) and

© have the right to compensation by the operating air carrier in accordance with Article 7, unless:

(i) they are informed of the cancellation at least two weeks before the scheduled time of departure; or

(ii) they are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; or

(iii) they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.

None of this happened.

2. When passengers are informed of the cancellation, an explanation shall be given concerning possible alternative transport.

3. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

 

The old chestnut. You can guarentee that's what they'll say - read the sticky on 261/2004 at the top of the forum for my view!

 

4. The burden of proof concerning the questions as to whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air carrier.

 

Article 8

Right to reimbursement or re-routing

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,

- 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; or

© re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats.

2. Paragraph 1(a) shall also apply to passengers whose flights form part of a package, except for the right to reimbursement where such right arises under Directive 90/314/EEC.

3. When, in the case where a town, city or region is served by several airports, an operating air carrier offers a passenger a flight to an airport alternative to that for which the booking was made, the operating air carrier shall bear the cost of transferring the passenger from that alternative airport either to that for which the booking was made, or to another close-by destination agreed with the passenger

 

6 weeks they say?

 

7.3. 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

 

7.1. Where reference is made to this Article, passengers shall receive compensation amounting to:

(a) EUR 250 for all flights of 1500 kilometres or less;

 

If it was genuine technical error you are not entitled to this - all airline cancellations are extraordinary circumstances. Getting them to reveal what happened really will be close to impossible - but ask. They could have cancelled for an invalid reason, but shock of all shocks, they never admit that.

 

Write to the airline asserting your rights, and ask for proof as to the supposed 'technical error' - not that you'll get it.

 

Include the mileage you clocked up and associated costs, any receipts for that day should be included, and going forward, in such situations in future (If you haven't got) keep everything.

[algorfa]

Thanks Thailand,

 

Will see what happens.

 

Al

[algorfa]

Anyone have an e mail address for BMI Baby, as I don't particularly wish to pay a premium rate phone number.

 

Cheers

[algorfa]

Have just found out that the Sunday (5th) pm flight from Newquay back to Birmingham was cancelled, that must mean that the 8pm flight from Birmingham was cancelled as it would have been that plane returning.

 

What a crap service, even more determined to get compensation, as the alternative to me driving down would have been to book my daughter on that flight!!!

[algorfa]

Anyone have a current e mail address for BMI Baby?

[Thailand]

I just called and they wouldn't give me one. I went on to say I must let them know about the superior service 'I had received' and one was suddenly available.

 

[email protected]

 

I did ring Bmibaby, but make that clear straight away for redirection if neccessary.

[algorfa]

I just called and they wouldn't give me one. I went on to say I must let them know about the superior service 'I had received' and one was suddenly available.

 

[email protected]

 

I did ring Bmibaby, but make that clear straight away for redirection if neccessary.

 

Many thanks

[Tom87]

Anyone have an e mail address for BMI Baby, as I don't particularly wish to pay a premium rate phone number.

 

Cheers

 

The non-premium rate number for the head office customer services is 01332 854321.

 

Every premium rate phone number also has a normal geographical landline number that they never tell you. Here is the website to find non-premium rate numbers: SAYNOTO0870.COM - Non-Geographical Alternative Telephone Numbers

[algorfa]

Excellent, thanks

[algorfa]

Well a letter was sent to BMI Baby recorded on 12th July 09, to date no refund or reply has been received.

 

I have sent another letter today, lets wait and see if they reply to that.

[algorfa]

For anyone that's interested,

 

Refund received the day the second letter arrived, so I assume that they have acted on letter number 1 as I can't see that the refund would have gone through so quick.

 

Still no reply to my request of why the flight was cancelled or confirmation for insurance purposes that it was and that the next available flight was cancelled.

[algorfa]

For anyone that's interested,

 

Refund received the day the second letter arrived, so I assume that they have acted on letter number 1 as I can't see that the refund would have gone through so quick.

 

Still no reply to my request of why the flight was cancelled or confirmation for insurance purposes that it was and that the next available flight was cancelled.

 

Well that's now 4 recorded letters sent which I have proof of delivery.

 

BMI Baby have not replied to any of them so I am now in the process of completing an online claim for compensation and associated expenses.

 

Will update you when I hear more

[algorfa]

Well,

 

Claim submitted, defence also submitted.

 

Cut a long story short, after the suggestion that they would apply for their costs if they won, we agreed to settle.

 

I declined their first offer and got the figure to some 60% of what I was actually claiming.

 

Have to say, it was a frustrating time in the scheme of things for a small amount of money, however, it was more the principle than anything else.

 

Overall I am happy with the outcome.