Help required, Bmi Re scheduled flight compensation claim

mar-k

Hi all,

Last week Bmi called to inform me our outward flight for the first leg of our honeymoon was now cancelled ( east mids to Cologne, 5th october).

We have been offered alternative flights but all of them require a fair distance of travel, the one we chose is heathrow on the same day as our original departure.

My questions are.. Being as Bmi have breached there contract with us Legally should they meet our compensation claims for travel, parking and overnight stay at heathrow now?
We think the overnight stay is a reasonable claim as we dont want to start our honeymoon driving 150 odd miles starting at 3.30am!

Also on what level is a reasonable claim, Our whole trip is in 5 star accomodation so would it be reasonable to stay and claim for overnight stay in a 5 star hotel in heathrow?

When i spoke to Bmi they said they can only consider our claim after the flight when we have submitted our expenses reciepts. Doesnt fill me with confidence!

Any help will be much appreciated

Mands

mar-k wrote: »

Hi all,

Last week Bmi called to inform me our outward flight for the first leg of our honeymoon was now cancelled ( east mids to Cologne, 5th october).

We have been offered alternative flights but all of them require a fair distance of travel, the one we chose is heathrow on the same day as our original departure.

Did they also offer a full refund as an alternative? If so they may have fulfilled their legal obligation; refund or best available flights.

This thread might be of use;
http://forums.moneysavingexpert.com/showthread.html?t=1927967

It relates to the same cancelled route.

Best of luck, and best wishes for the wedding.
Mands

dmg24

mar-k wrote: »

We think the overnight stay is a reasonable claim as we dont want to start our honeymoon driving 150 odd miles starting at 3.30am!

You do not need an overnight stay if travelling from the East Mids to LHR. If you don't want to drive, take a National Express coach, then you can sleep on the way!

mar-k wrote: »

Our whole trip is in 5 star accomodation so would it be reasonable to stay and claim for overnight stay in a 5 star hotel in heathrow?

Get real. :rolleyes:

stoneman

Agree with dmg24, EMA to LHR is no distance at all, 2 hours max. at that time of the morning.

richardw

mar-k wrote: »

Being as Bmi have breached there contract with us

But have they?

mar-k

Thanks for the advice mands, And thanks for the link.

They didnt offer a refund, I spoke to a legal advisor today who said they have breached there contract so should be liable to any cost incured by taking the alternative flight.
I wouldnt consider traveling down by national express on my honeymoon. im not stuck up, just if you cannot have a honeymoon in style when you have paid for it it a no goer, why lower your standards.

Incapuppy

Perhaps you should hire a limo to take you to the airport and submit that with the rest of your expenses receipts?

dzug1

mar-k wrote: »

They didnt offer a refund, I spoke to a legal advisor today who said they have breached THEIR contract so should be liable to any cost incured by taking the alternative flight.
I wouldnt consider traveling down by national express on my honeymoon. im not stuck up, just if you cannot have a honeymoon in style when you have paid for it it a no goer, why lower your standards.

Was that a lawyer expert in travel matters? If not I'd be wary of his advice.

It won't be 'any cost', it will be 'any reasonable cost'. Which will be the coach fare to Heathrow. Plus maybe a snack.

And I don't think they've breached the contract - they've exercised their right to cancel it. EU regs determine their liability in this case - one of the options is as described. Alternative flight, get you to the alternative airport, meals/refreshments appropriate to the time of waiting. As they've given two weeks notice, no compensation.

Shona99

dzug1 wrote: »

Was that a lawyer expert in travel matters? If not I'd be wary of his advice.

It won't be 'any cost', it will be 'any reasonable cost'. Which will be the coach fare to Heathrow. Plus maybe a snack.

And I don't think they've breached the contract - they've exercised their right to cancel it. EU regs determine their liability in this case - one of the options is as described. Alternative flight, get you to the alternative airport, meals/refreshments appropriate to the time of waiting. As they've given two weeks notice, no compensation.

I think the OP has been very sensible in obtaining what we may have to presume is advice from a qualified legal practitioner.

You retain doubts as to the accuracy of that advice.
The important aspect in my view is that the giver of that advice-as well as being qualified-is also responsible for that advice.

You have given an alternative "view of the law". Yet we know neither whether you are qualified to give advice but we do know that almost certainly that you can not be held responsible for the "advice" you yourself deliver.

The application of EC 261/2004 may be the most obvious element in determining the obligations of carrier to passenger in this matter. You do not make reference to the precise wording of the operable Articles of EC 261/2004 but simply reduce this to a concept of "reasonableness".

Reading Articles 5, 8 and 9 of EC 261/2004, for example, the re-routing option refers to "comparable transport conditions", the expenses referred to Art 9 also makes reference to where an additional overnight stay becomes necessary. This is just for starters. (These aspects may be preliminary to any exercise of judicial discretion on what might be "reasonable").


I would hope that any qualified legal practitioner-with or without "expertese in travel matters" would apply rudimentary and generic skills of reading and interpreting legislation and applying the full facts to the relevant law.

Quite often "legal experts" on internet fora lack even generic skills such as these.

hollydays

The most i ever managed to get out of bmi for a cancellation and a loss of a days holiday ,and downgraded flight,was £150 worth of gift vouchers which i later sold on ebay. ( the circumstances were different as we were already at the airport,and they put us up in a hotel).To say they were obstructive was an understatement,so don't expect them to give in gracefully. They even told me they hadn't heard of the eu directive..

dmg24

Shona99 wrote: »

I think the OP has been very sensible in obtaining what we may have to presume is advice from a qualified legal practitioner.

You retain doubts as to the accuracy of that advice.
The important aspect in my view is that the giver of that advice-as well as being qualified-is also responsible for that advice.

You have given an alternative "view of the law". Yet we know neither whether you are qualified to give advice but we do know that almost certainly that you can not be held responsible for the "advice" you yourself deliver.

The application of EC 261/2004 may be the most obvious element in determining the obligations of carrier to passenger in this matter. You do not make reference to the precise wording of the operable Articles of EC 261/2004 but simply reduce this to a concept of "reasonableness".

Reading Articles 5, 8 and 9 of EC 261/2004, for example, the re-routing option refers to "comparable transport conditions", the expenses referred to Art 9 also makes reference to where an additional overnight stay becomes necessary. This is just for starters. (These aspects may be preliminary to any exercise of judicial discretion on what might be "reasonable").


I would hope that any qualified legal practitioner-with or without "expertese in travel matters" would apply rudimentary and generic skills of reading and interpreting legislation and applying the full facts to the relevant law.

Quite often "legal experts" on internet fora lack even generic skills such as these.

We can all quote statute, but you need to actually apply it to the given situation, something you have neglected to do!