Compensation for delayed flights Discussion Area

111KAB

Twizzle1 - if less than 6 years ago you probably have a valid claim but if over 6 years ...... forget it.

David_e

"Shortly afterwards they went out of business. "

In any event, you have no-one to claim against (assuming it was going out of business as opposed to, say, being acquired by another operator).

JPears

Which airline?

David_e

Whoops.

Just spotted "the airline (BMI Baby)".

https://en.wikipedia.org/wiki/Bmibaby

Says that "Bmibaby ... shut down in September 2012"

If, as is suggested, BMI Baby operated via a separate subsidiary, I assume your claim would be against that company - which may or may not still be in existence.

I'm sure that someone with more knowledge than me will be able to give an informed view.

111KAB

Depends when delay was. BA 'picked up' BMi Baby liabilities.

shakinglikemilk

Hi all,

I've just had a return flight from Bordeaux to Edinburgh cancelled due to today's ATC strike. Due to it being a strike I'm not entitled to compensation from RyanAir, however I had taken out travel insurance before leaving the UK. Can any legal eagles out there figure out if my travel insurance covers said strike?

There are two seemingly conflicting clauses in the exclusions that I can't make sense of:

"
General Exclusions
[we will not cover the following]

7. Any claim that happens as a result of strikes or industrial
action (except for any which the public did not know about
at the time of purchase of this insurance and/or prior to the
booking of any individual trip)."
...
13. Any claim that results from the tour operator, airline or any
other company, firm or person not being able or not being
willing to carry out any part of their obligation to you."

I'm unsure as to what would be considered the airline's obligation in this regard, does clause 13 cancel clause 7? Could someone smarter than I shed some light?

JPears

7. Irrelevent unless you were aware of the strike either before you bought the ticket or the insurance.
13. Nonsensical as it would appear to relieve the insurance company of any obligation to pay you in almost ANY event/occurance! Most likely this would be classed as unfair terms and conditions. Claim away. Presumably you got a refund for the cancelled flight?

shakinglikemilk

Alas we can't afford to get another flight booking at such short notice so they've booked us on the next available flight home in a WEEK

Needless to say I'm now quite worried about the unexpected accommodation costs and a week's lost wages!

JPears

1 Week! Then you maybe able to claim compensation under reg 261/2004 as that is a totally unreasonable delay in making alternative arrangements for your return. It certainly isn't anything approaching intolerable sacrifice. Ask them to put on a flight with a different airline (at their expense) or you will be making a claim under reg 261/2004. Have you downloaded Vauban's guide? Sounds as though you will have time to read it
Ryanair are responsible for ALL of your accomadation and food (except alcohol) costs so make sure they arrange and pay for it all.

JPears

Have Ryanair sorted out food and accomadation for you?