Airlines legal financial responsibility?

misterc

Hi, any help or advise on this problem appreciated.
Immediately prior to checkin my return flight from paris was cancelled recently because of strike action. The airline was BMI Baby. I was told they would try to get me on next available flight but that was going to be 3 days later at earliest. I was told that they could not provide any accommodation or meals and that a claim would have to be made later to BMI direct through their website. I was able to find a flight the following day with another airline which cost almost 200 euro more. I also had to check into my hotel again for another night, pay for meals and transport to and from airport. I was lead to believe that the airline was responsible for such costs; but at the very least responsible for a figure of around £250 under the Denied Boarding Regulations.
BMI have refused any liability and say I have to claim under my travel insurance. My travel insurance refuse to pay more than £30 in total (eventhough their cancellation compensation stated up to £3000, and require a letter from BMI to prove the situation (the letter will cost £25) Hardly worth claiming. IS BMI responsible?

HXDave

Unfortunately you are not covered for compensation under 'denied boarding' as your flight was cancelled, so they didn't deny you the right to a seat on a flight that operated.

If the true reason was a strike that caused the cancellation of your flight, again you are not covered for cancellation as this is classed as extra ordinary circumstances (both under EU261/2004).

however, under article 9, you should have been entitled to 'right of care', which should have covered hotel expenses, meals, 2 calls & reasonable transfer costs UNLESS, when you were advised that the flight was cancelled, you asked for a refund of the return flight. Once you ask for a refund, all your rights of care vanish.

HXDave