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Old 2nd Mar 2010, 17:15
  #30 (permalink)  
Final 3 Greens
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This is getting tedious.

Here is the relevant extract from the EU directive

1. In case of cancellation of a flight, the passengers
concerned shall:

(a) be offered assistance by the operating air carrier in accordance
with Article 8; and

(b) be offered assistance by the operating air carrier in accordance
with Article 9(1)(a) and 9(2), as well as, in event of rerouting
when the reasonably expected time of departure of
the new flight is at least the day after the departure as it
was planned for the cancelled flight, the assistance specified
in Article 9(1)(b) and 9(1)(c); and

(c) have the right to compensation by the operating air carrier
in accordance with Article 7, unless:

(i) they are informed of the cancellation at least two
weeks before the scheduled time of departure; or

(ii) they are informed of the cancellation between two
weeks and seven days before the scheduled time of
departure and are offered re-routing, allowing them to
depart no more than two hours before the scheduled
time of departure and to reach their final destination
less than four hours after the scheduled time of arrival;
or

(iii) they are informed of the cancellation less than seven
days before the scheduled time of departure and are
offered re-routing, allowing them to depart no more
than one hour before the scheduled time of departure
and to reach their final destination less
than two hours
after the scheduled time of arrival.


2. When passengers are informed of the cancellation, an
explanation shall be given concerning possible alternative transport.

3. An operating air carrier shall not be obliged to pay
compensation in accordance with Article 7, if it can prove that
the cancellation is caused by extraordinary circumstances
which could not have been avoided even if all reasonable
measures had been taken.

4. The burden of proof concerning the questions as to
whether and when the passenger has been informed of the
cancellation of the flight shall rest with the operating air
carrier.


Given that the LH strike had been known for some time, it is hardly an extraordinary circumstance for cancelling the Riyadh segment or indeed for failing to re-route to Munich.

I am afraid that, whayever you think, bmi's fare rules do not come into the equation.

Let me remind you, I did not have a contract with DLH, so it was up to bmi to resolve the matter in line with the EU directive.