Change in flight time

murrayt48

In January 2017, we booked a flight with BMI Regional in June 2017 through gotogate. The airline brought the time of the flight forward, by about three hours, in March. We did not know of this and missed the flight. Gotogate seem to put the responsibility for checking such a change on the customer. Is this normal? Is it allowed? Not much agency there.

Justice13075

BMI Regional Terms and Conditions

Article 9

Schedules, Delays, Cancellation Of Flights
9.1 SCHEDULES

9.1.1 Without prejudice to any applicable laws, the flight times shown in timetables may change between the date of publication and the date you actually travel. We do not guarantee them to you and they do not form part of your contract with us.

9.1.2 Before we accept your booking, we will notify you of the scheduled flight time in effect as of that time, and it will be shown on your Ticket. It is possible we may need to change the scheduled flight time subsequent to issuance of your Ticket. If you provide us with contact information, we will endeavour to notify you of any such changes. If, after you purchase your Ticket, we make a significant change to the scheduled flight time, which is not acceptable to you, and we are unable to book you on an alternate flight which is acceptable to you, you will be entitled to a refund in accordance with Article 10.2.

Vauban

https://gettingthedealthrough.com/article/5586/carriers-liable-when-agents-fail-relay-cancellation-info-ecj-rules

Justice13075

As I read it the flight wasn't cancelled just brought forward 3 hours.

Vauban

Justice13075 wrote: »

As I read it the flight wasn't cancelled just brought forward 3 hours.

Doesn't matter. The principle that's been established is that airlines not agencies hold the responsibility for informing passengers of significant changes to their schedules. Although the ruling talks about cancellations, it also talks about article 7 of the regulation. And the Sturgeon judgement already notes that:

"Articles 5, 6 and 7 of Regulation No 261/2004 must be interpreted as meaning that passengers whose flights are delayed may be treated, for the purposes of the application of the right to compensation, as passengers whose flights are cancelled and they may thus rely on the right to compensation laid down in Article 7 of the regulation where they suffer, on account of a flight delay, a loss of time equal to or in excess of three hours, that is, where they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier."

So basically a delay that would qualify for compensation under the regulation, if premeditated, requires the airline to show they contacted the passenger.

At least that's how I read it!

JPears

Agreed.

murrayt48

Thanks for your input. I gather though that the ECJ case quoted by Vauban trumps the BMI T&Cs.