Flight Delayed and Compensation BH Airlines

steveaustinuk

Can anyone help me, my flight to Bulgaria with BH Airlines was delayed by over 5 hours back in June last year, since then i have sent over 20 emails and several letter but all are being ignored.

Has anyone else sucessfully claimed from BH Airlines? and can andone advise what i can do from here?

Thanks in advance

glentoran99

read vaubans guide

steveaustinuk

Thanks for your reply and sorry for what is probably a stupid question but what is vaubans post?

111KAB

The post you are instructed to read before you post!


https://dl.orangedox.com/GdfSa4xUZdZI5GJadr/Vauban's%20Guide%20to%20Claiming%20Flight%20Delay%20Compensation.pdf

steveaustinuk

just wondering if anyone else have had dealing with BH Airlines?

They are ignoring all my communication

Caz3121

time to follow the guide linked in post #4
nba then court...assuming the reason for the delay qualifies for compensation

steveaustinuk

This is the reply i got from the airline, could anyone help and advise if this qualifies for compensation?

[FONT=&quot]After a scheduled maintenance replacement of engine number 2 on aircraft with registration LZ - BHF, we experienced problems related to smell in the passengers’ cabin directly related to the replaced engine. The engine CFM 56 was loaned from AeroTurbine and had all necessary certificates of airworthiness issued by Lufthansa Maintenance Organization Workshop. Aircraft and engine trouble shooting was performed by BH Air appropriately qualified (in accordance with Part 66) maintenance staff following Aircraft Maintenance Manual Procedures of the Aircraft and Engine manufacturers.[/FONT]
[FONT=&quot]Additionally test flight BGH6001 was performed on 14th June 2014. However, no deviations or nonconformities were found and the aircraft was set to perform the next scheduled flight. Due to the unexpected technical problem, detected before the test flight and the necessity to perform such a test flight, there was already a delay from schedule.[/FONT]
[FONT=&quot]On flight number 5529 from Bourgas to Manchester, there was a new odor event on the plane, which caused considerable annoyance among the passengers (which itself threatens the safety of the flight) and since passenger safety should always come first, the aircraft returned to Bourgas as soon as possible.[/FONT]
[FONT=&quot]As reported by the Safety and Compliance Monitoring Department of BH Air the engine which triggered the flight suspension was dismantled by Lufthansa – EASA certified maintenance organization and the latter was also assigned further investigation of the origin of the problem. We received their report only recently and while they were not able to identify a specific technical flaw of the engine, the mere fact that this engine causes recurrent odour issues which aircraft LZ - BHF has not faced before the installation of this engine and after its removal, was a good reason for us to stop any further use of this engine in BH Air’s fleet. [/FONT]
[FONT=&quot]Furthermore, it should be noted that during the summer season BHAir operates on a tight schedule with all aircrafts performing flights around the clock with due maintenance time. That diminishes the company’s flexibility for incorporating new flights in the previously scheduled flight plan of the aircraft. Attempts were made for hiring another air carrier to perform the flight, but no companies were able to comply.[/FONT]
[FONT=&quot]Evident from the above, the delay of the flight in question was a part of a cumulative delay, caused by extraordinary circumstances which we could not avoid even where we took all reasonable measures within the capacity of our airline. For that reason [and due to the fact that your clients' travelled at a reduced fare which based on Article 3 (3) of Regulation No 261/2004 precludes its application in the particular case], we may not honour your clients' claim for compensation under Regulation No 261/2004 or otherwise.[/FONT]

Mark2spark

steveaustinuk wrote: »

This is the reply i got from the airline, could anyone help and advise if this qualifies for compensation?

[FONT=&quot]Furthermore, it should be noted that during the summer season BHAir operates on a tight schedule with all aircrafts performing flights around the clock with due maintenance time. That diminishes the company’s flexibility for incorporating new flights in the previously scheduled flight plan of the aircraft. Attempts were made for hiring another air carrier to perform the flight, but no companies were able to comply.[/FONT]
[FONT=&quot]Evident from the above, the delay of the flight in question was a part of a cumulative delay, caused by extraordinary circumstances which we could not avoid even where we took all reasonable measures within the capacity of our airline. For that reason [and due to the fact that your clients' travelled at a reduced fare which based on Article 3 (3) of Regulation No 261/2004 precludes its application in the particular case], we may not honour your clients' claim for compensation under Regulation No 261/2004 or otherwise.[/FONT]

How hilarious. :rotfl:
Basically they are saying that complying with the law, by having a plan B, doesn't really fit in with the airlines operational plan to maximise profits, so they are unable to comply with the law really, as it just doesn't suit their business model... :rotfl:

Tell more about the reduced fare part please.

steveaustinuk

I was not aware I had a reduced fair, i booked a package holiday through Thomas Cook, when i questioned the airline about this i received this response - "the reduced fare is only one side of the matter that BHAir is considering - the reason being that most of our passengers, in fact, have a contract with the tourist agency and travel on a package holiday, which in itself is a reduced fare."

steveaustinuk

This is also the whole response i got from them, after i questioned them about fault with the aircraft and about the terrible customer service we recieved at the airport........
"Thank you for stating your concerns. I understand why you would be quite upset and disappointed with my answer and I do apologize for all the inconveniences you went through. However, I would like to take the opportunity to comment on some of the points you raised in your e-mail in order to clarify the situation.

Even though a change in your flight plan might be extremely unpleasant, it is not an uncommon occurrence with charter airlines. On the internet site of Balkan Holidays you can see that "Flight timings, routings and airlines are only provisional and may be
changed". I understand that booking a direct flight to a certain destination is always preferable but unfortunately changes are made in some instances.
Furthermore, the reduced fare is only one side of the matter that BHAir is considering - the reason being that most of our passengers, in fact, have a contract with the tourist agency and travel on a package holiday, which in itself is a reduced fare.
However, the main reason for rejecting the claim is that the reports from Lufthansa Maintenance Organization Workshop, who were responsible for investigating the problem, state that the faulty engine was completely operable. We know for certain that this is not the case and that total discrepancy between the technical findings and the company's knowledge of the situation makes the problem an extraordinary situation. There is no consistent proof in the reports that we received that there was a technical fault with the engine, thus ruling out the basis of a technical fault compensation claim. Until Lufthansa Maintenance Organization Workshop and AeroTurbine deliver a full report with a specific technical fault that caused the event, we believe the situation falls under the category of "hidden manufacturing defect" and BHAir is not liable to compensate the affected passengers. That being said, BHAir had taken all reasonable measures for avoiding such a problem, but it had occurred nonetheless.

We are extremely sorry for all the inconveniences this situation has caused you and your family and would like to once again apologize for how long the investigation took, only to come back without any definitive findings."

I have also asked them to provide evidence of the fault, evidence they tried to hire another aircraft and evidence they did everything in there power to avoid the delay, so far no respose :-(

111KAB

Having read through all this again I have to say it really is unbelievable the lengths an airline will go to/lie in order to deny what is probably a valid claim. It is utter rubbish and quite frankly leaves me lost for words.


I would just issue an NBA - take them to court - win - then copy everything to both the CAA and the press ........ they are idiots of the highest order.