BMIbaby compensation

Shona99

glendo90 wrote: »

Hi Shona99,

The travel insurer issue is now academic as BMIBaby have now paid out - story in full here.

http://forums.moneysavingexpert.com/showthread.php?t=3063270

It would have been interesting to see what would have happened if BMIBaby had challenged my court action and won, because my travel insurer said they would only pay out in the event of me failing to get my money back from the travel insurer. I guess by stating that they knew they were unlikely to lose...

Karl

Just suppose the following scenario-BMI Baby had complied with the obligations as contained within EC 261/2004 and had provided you with assistance free of charge as set out in Art 9 of EC 261/2004.

This prior payment of these costs by BMI Baby presumably would not compensate you fully for the effects of a substantial delayed departure-you were forced to be in place you would rather not be for several days-with consequent inconvenience and likely financial detriment. ( lost wages perhaps etc ).

If BMI Baby had so met the hotel/meals expense at source-as they are supposed to according to EC 261/2004-why should this preclude you from presenting to the travel insurer a claim for payment of the the policy calculated benefit delivered for that delayed departure?

Travel insurers and airlines say many things to their insured's/passengers that might be found questionable/incorrect.

A travel insurer saying to its insured that the delayed departure benefit will only be paid conditional upon the air carrier not meeting any claim from the insured passenger for reimbursement of incurred expenses might be one of the more obviously incorrect statements.
It might also depend upon the precise wording of the travel insurance policy.

The contractual obligation of the travel insurer would be quite separate to the the legal obligation delivered to the air carrier by EC 261/2004.

glendo90

HI Shona99,

I think in my case under the policy wording was that it was a benefit for out-of-pocket expenses (up to £250 per person) as a result of delayed departure. There is always the caveat under the policy wording that if someone else is liable for that reimbursement, then it precludes them from paying up. They advised me to keep all receipts which I subsequently did.

Other policies may state it is a set compensation amount in the event of delay over a certain number of hours. Mine didn't.

I was grateful for their re-assurance when I was in Portugal (as vehicle of last resort) as I had received none from BMIBaby.

Karl