frontcheck
For goodness sake...
1a, b and c refer to Article 8, so your points are not well directed. On the subjtec of re-routing note the EU's Question, frmo their Q&A document, #
21: Does the flight, in cases of re-routing, have to be performed by the
original operating carrier?23
No. This flight does not necessarily need to be operated by the airline the passenger booked
with.
Right to reimbursement or re-routing
1. Where reference is made to this Article, passengers shall
be offered the choice between:
(a) — reimbursement within seven days, by the means
provided for in Article 7(3), of the full cost of the ticket
at the price at which it was bought, for the part or
parts of the journey not made, and for the part or parts
already made if the flight is no longer serving any
purpose in relation to the passenger's original travel
plan, together with, when relevant,
— a return flight to the first point of departure, at the
earliest opportunity;
(b) re-routing, under comparable transport conditions, to their
final destination at the earliest opportunity; or
(c) re-routing, under comparable transport conditions, to their
final destination at a later date at the passenger's convenience,
subject to availability of seats.
2. Paragraph 1(a) shall also apply to passengers whose
flights form part of a package, except for the right to reimbursement
where such right arises under Directive 90/314/EEC.
3. When, in the case where a town, city or region is served
by several airports, an operating air carrier offers a passenger a
flight to an airport alternative to that for which the booking
was made, the operating air carrier shall bear the cost of transferring
the passenger from that alternative airport either to that
for which the booking was made, or to another close-by destination
agreed with the passenger.
2. The explanation given about alternative transport was, 'this is it, take it or leave it.'
3. I don't agree - note the EU Question 14: Can a strike be considered as an extraordinary circumstance?
Yes, under certain conditions. Recital 14 of the Regulation states that strikes can constitute extraordinary circumstances. A case-by-case assessment will remain crucial taking into account all relevant jurisprudence and legislation in force in the country of the incident.
Given that bmi's sub contractor went on strike (three days before, for one day only), and there was an alternative flight available with BA, I don't think that a small claims court will regard this as extraordinary, just my opinion.
Finally, I did not ask for a refund, I asked for a re-routing with BA, I then asked to use the ticket to London and then have a refund of the LHR MUC sector, to allow me to make my own way home.
bmi offered no other option but to accept a new connection leaving 6 hours after the original and arriving 6 hours afterwards, this was a non option and it did not comply with the EU directive.
Not only is it on tape, but I have a written audit trail via the travel agent.
The term 'involuntary cancellation' is used by the airline rep.