BMI baby - claiming compensation

ecocks

Our flights were cancelled at the airport by BMI baby due to 'technical reasons' on 19th July 08. Needless to say we are only going to get the flight money refunded !. I am unhappy wiht this especially since it has taken BMIbaby until 8th Sep 08 to respond & we have yet to recieve a refund. I am very unhappy with the customer service (there is none) and the fact that we are not entitled to compensation. Does anyone have any advice as to how we should try and get some compensation or at least the money back wasted having to correspond my post !!

Lizzy

MarkyMarkD

Martin's article is worth a read: http://www.moneysavingexpert.com/travel/flight-delays.

If the cancellation was their fault - and "technical reasons" would normally mean their fault - then they should pay you compensation.

ecocks

Thanks for that.

I have also complained via air tansport user council and are waiting to hear back from them as they are needless to say very busy !. Is it worth writing back to BMIbaby do you think to say we are still unhappy with their response or do you think it is throwing money away ?

Lizzy

Gavioli_UK

ecocks wrote: »

Thanks for that.

I have also complained via air tansport user council and are waiting to hear back from them as they are needless to say very busy !. Is it worth writing back to BMIbaby do you think to say we are still unhappy with their response or do you think it is throwing money away ?

Lizzy

After being promised compensation, hotel accomodation and a free flight in similar circumstances to you quote at Amsterdam we got nothing. Complained to ATUC who took up case. After 3 months a credit for the cancelled leg appeared on bank statement, and got nowhere with any further compensation. No communication from BMIBaby ever received

The main problem appeared to me BMIBaby have no staff at Amsterdam, therefore noone had the right to offer compensation.

ATUC will hopefully get you a flight refund

MarkyMarkD

But the flight refund is the least of it, and it far less than what the OP is due. The statutory EU-defined compensation is worth a fair amount.

Gavioli_UK

MarkyMarkD wrote: »

But the flight refund is the least of it, and it far less than what the OP is due. The statutory EU-defined compensation is worth a fair amount.

But how do you get the EU-defined compensation enforced when the ATUC have done all they can and you get nothing?

Who else will help you get compensation?

headpin

Gavioli_UK wrote: »

But how do you get the EU-defined compensation enforced when the ATUC have done all they can and you get nothing?

Who else will help you get compensation?

Go o the small claims court. BMIBaby will then have to submit a defence and/or appear. Otherwise you will get the judgement in default.

Like all large organisations they play the war of attrition and expect the majority of people to give up. They then pay when somewhen perseveres, This means that the overall total they then end up paying out is far less. You keep at them.

ecocks

I will keep at it and let you know how I get on

sarawishart

Actually, if the flight was cancelled due to technical reasons, the EU regulations wouldn't require the airline to compensate as this would be a "safety shortcoming". So, provided they can prove it was actually a technical defect with the aircraft, you wouldn't be entitled to any compensation.

That doesn't take away their responsibility in terms of care though and they should have ensured you were looked after at the airport, for example adequate meals, hotel accommodation (for any overnight stay) etc. If you didn't travel then you would also be entitled to a refund for any unused flights too.

How did you get on anyway?

Gavioli_UK

sarawishart wrote: »

Actually,
That doesn't take away their responsibility in terms of care though and they should have ensured you were looked after at the airport, for example adequate meals, hotel accommodation (for any overnight stay) etc. If you didn't travel then you would also be entitled to a refund for any unused flights too.

How did you get on anyway?

How do they look after you when they have no representation at the airport?

In our case we were told BmiBaby had no representative at Amsterdam, and you had to find your own accomodation and claim.

MarkyMarkD

sarawishart wrote: »

Actually, if the flight was cancelled due to technical reasons, the EU regulations wouldn't require the airline to compensate as this would be a "safety shortcoming". So, provided they can prove it was actually a technical defect with the aircraft, you wouldn't be entitled to any compensation.

That doesn't take away their responsibility in terms of care though and they should have ensured you were looked after at the airport, for example adequate meals, hotel accommodation (for any overnight stay) etc. If you didn't travel then you would also be entitled to a refund for any unused flights too.

How did you get on anyway?

That's rather a simplification of a rather complex judgement in the Kramme v SAS case, which actually says that some "technical reasons" cancellations are extraordinary - and hence no compensation payable - whilst others are not - and hence compensation is payable.

Put (very) simply (and this is my interpretation), if that type of aircraft has a history of that type of fault, they ought to hold spares and have the facilities to repair it wherever the aircraft happens to be. Or if they have a record of regular breakdowns, they ought to provide additional aircraft or have chartering arrangements with other airlines to meet their operational requirements.

Unfortunately, I can see that both of the factors in my interpretation are unlikely to apply in the majority of breakdowns - which are often one-off, and relatively infrequent for each airline and each aircraft type.

Which all boils down to the EU regulations being poorly thought out and little protection for the consumer.