BMI baby flight cancellations

robins66

I have been advised that our flights to Majorca have been cancelled. They advise it is for operational reasons and unavoidable and that they will not be liable for any additional charges incurred as a result of their cancelling this flight. We were due to fly out on 2nd June. Checked all other flights, but they are mostly fully booked or far too expensive now.
I am SOOOOOOOO angry!!!!

voiceofreason

They couldn't avoid it

Inactive

Which UK Airport was that from?

will-in-estoril

They have given more than two weeks' notice.

will-in-estoril

Cityboy wrote: »

Will

The 2 weeks' notice applies only to the right to a further compensatory amount under 5(c). There is no time limit on the obligations on the airline to re-route under Article 8.

Incorrect.

The right to 'assistance by the operating carrier under Article 8' as per article Article 5 1. (a) is limited by Article 5 (1) (c) (i): the word 'unless' and what follows qualifies (a), (b) and (c).

In plain English: the carrier has to reimburse or re-route a passenger in the case of cancellation, except when the carrier gives more than 2 weeks' notice, in which case the only obligation is to reimburse.

This is the legal position, honestly.

The link posted refers to a same day cancellation, in which case there is (quite properly) an obligation to assistance under Article 8.

PolishBigSpender

Cityboy - do you have details of any legal proceedings which was won by a passenger who had their flight cancelled more than 2 weeks in advance? I'm not looking for cases where the airline paid up rather than go to court, but a case where the passsenger has actually succeeded in winning in court.

If you can't provide evidence of such a win, then I would suggest that people tread very carefully and consult specialist legal advice if attempting to persue a claim on a flight that was cancelled more than 2 weeks in advance.

PolishBigSpender

Cityboy - that thread has absolutely no relevance. It wasn't in the English (or Scottish, or Northern Irish) legal system and thus has absolutely nothing to do with how they might react in the UK.

Again - I ask you, can you provide evidence of where a court in the UK has ruled that the directive applies to cancellations more than 2 weeks in advance? I'm looking for an actual judgement in favour of the claimant in a UK court, evidence of which could be used by a claimant in the small claims court.

Who are these specialist legal advisors that you've consulted?

I'm sorry, but I think you're recklessly encouraging people to take legal action without providing them with the full picture - that they could very well lose.

PolishBigSpender

Cityboy wrote: »

You are also very aware that judgements in courts of first instance are not routinely recorded.

Is that an excuse I hear?

I decline to answer who my legal advisors are as that is my business but I am certainly not reckless as I repeat my advice above to the OP or anyone else that they should always seek professional legal help if they are looking to take anyone to court.

The thing is that you don't advise them to take specialist advice most of the time. In fact, the only time you do is when someone pulls you up on your (flawed) analysis of what they're entitled to. Certainly, the accepted interpretation of the EU directive is that they can cancel flights 14 days in advance and not be liable for anything but a full refund. You seem to think otherwise, but yet you decline to say who actually provided such advice - which can only mean that the advice is either invented or was acquired from an 'armchair lawyer'.

As far as I'm concerned, until you come up with substance to your argument, we can only regard your opinion as being just that - an opinion and certainly not solid legal advice.

robins66

Just phoned BMIbaby asked to be moved to another flight from alternative airport. They say I can't because our flight has already been cancelled (by them) therefore we will have to sort out our own flights. Checked their terms and conditions which tells me that I have the right to change at no extra cost.
Presumably based on previous comments above, if they refuse and we rebook with another airline at extra cost we will have a good case to claim against them.

Shona99

PolishBigSpender wrote: »

Certainly, the accepted interpretation of the EU directive is that they can cancel flights 14 days in advance and not be liable for anything but a full refund. .

.

What is the source for this "accepted interpretation"-is this from a previous recorded judicial analysis?

Who is "they" in this context?

Could I have a case citation please.

will-in-estoril

robins66 wrote: »

Just phoned BMIbaby asked to be moved to another flight from alternative airport. They say I can't because our flight has already been cancelled (by them) therefore we will have to sort out our own flights. Checked their terms and conditions which tells me that I have the right to change at no extra cost.
Presumably based on previous comments above, if they refuse and we rebook with another airline at extra cost we will have a good case to claim against them.

No, you do not. The comments you refer to are simply wrong. BMI Baby has fulfilled its obligations under Article 5 (and 8 for that matter.) You could begin proceedings, but I would take legal advice first.

It is unhelpful for those who are not legally trained or do not have any first hand experience of the legislation they cite to give false hope to others. (I fall into the latter category.)At least they have now desisted in this thread!