BMI Compensation

WestcliffeC · 19 February 2019 at 1:01PM

Hi

This question is hopefully not a stupid as the title suggests.

I booked a flight with Lufthansa from Bristol to Munich (going in about 10 days), the carrier for which was BMI as it was a codeshare. Lufthansa have now rebooked the trip (they have not actually officially notified me of the original flight cancellation, I have had to chase them) but it is from Birmingham to Munich.

My questions are:

Given my contract is with Lufthansa do they have any obligations in regard to my transport from Bristol to Birmingham?
Does the EU compensation scheme come into play or is this an "extraordinary circumstance"?

Cheers

W

JPears · 19 February 2019 at 1:07PM

This is an interesting one.

Technically BMI, as the operating airline, have cancelled you (due to insolvency) and so are sponsible for alternative arrangements.
Lufthansa have taken over the duty of care to an extent but I don't believe they were obliged to do this for you (although I stand to be corrected)
If you are going to incur extra costs and inconvenience getting to Birmingham then you may have a claim against the credit card company under section 75, if you used a credit card to pay for the trip and it cost over £100.
They may also be liable for a compensation claim uunder regulation 261/2004.
It will be interesting to see what thoughts other regulars have.
Are there alternative flights from Bristol to Munich you could use?

WestcliffeC · 19 February 2019 at 1:37PM

Sadly BMI was the only game in town from Bristol to Munich, it would have been much better if there was an alternative to just get a refund and book with someone else. Birmingham is the nearest alternative from what I gather.

The "operating airline" cancellation intrigues me as that does not entirely square with consumer rights regulation. My contract was with Lufthansa, not BMI. My relationship with BMI is purely via Lufthansa. Much like if I buy something in a shop my contract is with the shop and if there is an issue with what I buy I would take it up with the shop, not the manufacturer. I guess EU flight regulation trump consumer rights regulation (or replace them), thus meaning your contract is with the carrier not who sells it to you? Confusing.

Any advice welcome.

W

jpsartre · 19 February 2019 at 2:18PM

Wouldn't LHR be a better alternative from the Bristol area than BHX? Your contract is with Lufthansa but claims under EU261 are (typically) against the carrier operating your flight.

nlr2310 · 19 February 2019 at 2:28PM

I've got an associated but different question from this.

BMI on 28 January (after many months of chasing) approved payment of compensation for a flight delay from July 2018 from Milan to Bristol via Munich - the ticket was bought with Lufthansa but BMI operated the Munich to Bristol leg. I have the email confirmation from 28 Jan that they will pay but we haven't yet received the payment - they said it would take up to 40 days. Obviously instructed to stall given that they have gone into administration.

What can I do to get this compensation paid? Do I need to go back to Lufthansa as the booking airline or will payment ever be seen from BMI?

Any advice appreciated.

jpsartre · 19 February 2019 at 2:44PM

nlr2310 wrote: »

What can I do to get this compensation paid?

Se (the other) JP's comment about possibly filing a section 75 claim in post 2. Technically you're a creditor with BMI so could in theory get something once the dust settles but I wouldn't hold my breath.

lilia_fellini · 19 February 2019 at 3:51PM

I doubt there is any point in waiting for any delayed/cancelled flight compensation from BMI. I have been waiting since July last year, and as nlr2310 rightly suggested, stalling tactic had been used to fob the claimants off all this time. I knew all along things were not going well for this carrier, but now, unless they get bought out by another airline, I doubt any flight compensation is forthcoming.
Refunds, however, could be claimed via credit/debit card route.

legal_magpie · 20 February 2019 at 9:54AM

Nlr, sadly you are an unsecured creditor and are unlikely to get anything from BMI. If you paid by credit card you can make a claim against the credit card company under S75 CCA 1974 but don't expect them to roll over straight away.

legal_magpie · 20 February 2019 at 9:58AM

Westcliffe, codesharing is a perennial problem and there are different views. Looking at it pragmatically, you are coming out of this better than most do when an airline goes bust as at least you haven't lost your flights. Birmingham is pretty accessible. If you go by train there is direct access from Birmingham International. If you go by car, parking isn't too pricey so my advice would be to accept it as being the best outcome in a bad situation.

nlr2310 · 21 February 2019 at 11:10AM

Thanks Legal Magpie, it's worth a try. I haven't tried claiming for flight delay compensation through Lufthansa which is who the ticket was booked with.

Would it be better to try claiming through Lufthansa first or in your view given JPears' comments re. duty of care is the credit card route best?

many thanks

Alan_Bowen · 22 February 2019 at 11:59AM

It has been alleged at the time of failure the airline owed around £2 M in EU261 claims, too many cancelled flights it seems. I would expect Lufthansa to deny the claim outright, they were never going to be the operator of the flight from Bristol. Lufthansa has effectively lost the value of the flight from Birmingham by offering it to you as an alternative and I am not aware of credit card issuers ever paying out for failed EU261 claims, so good luck with that

BMI Compensation

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free