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modelflyer
18th Feb 2010, 12:32
A friend of mine has just been informed by BMI Baby that they have had to change the date of an outbound flight from Manchester from a Tuesday to the previous Saturday (one of the last 3 seats available when booked - or so the website said).

Firstly, the email made no mention as to what to do if the earlier flight was inconvenient.

Secondly, when I phoned BMI Baby's call centre on her behalf I was informed she could have a refund, apart from the credit card fee (which from memory was £4 per person per sector).

Has anyone else suffered this? BMI Baby's T&C's appear not to mention this explicitly.

At least Ryanair's T&C's say "If your flight is cancelled or rescheduled..........you will be entitled to a travel credit or FULL REFUND OF ALL MONIES PAID if the alternative flights offered are not suitable to you and you do not travel". My capitals.

I have had a preliminary chat with Trading Standards, but does anyone have any similar experiences to share?

tlowther
18th Feb 2010, 12:44
Same thing happened to us some months ago with BMIbaby cancelling a flight, which ruined a planned weekend trip to Barcelona.

After a number of heated phone conversations I wrote a very firm letter to BMIbaby and got the credit card charge refunded.

We will NEVER use them again.

Be persistent.

jubilee
18th Feb 2010, 16:25
Baby at the moment appear to be cancelling quite a few flights in the summer,not doing a lot for customer relations.
Jubille

modelflyer
18th Feb 2010, 18:05
Thank you for your reply - very sorry to hear about your spoiled weekend in Barcelona. Also thanks to Jubilee for your comments.

The credit card fee was actually £7.50 per sector so my friend stands to lose £15. This would be quite an expensive business for a family of, say, five people.

I will persuade my friend to persevere and we will see what happens.

Some other friends have had their Monarch flights changed recently, which caused them problems too.

I'm still baffled by the fact that the cancelled flight was within 3 seats of being full when she made her booking - is this just a ploy to make us book sooner?

ExXB
18th Feb 2010, 18:29
ModelFlyer. Have a look at my post here (http://www.pprune.org/5516432-post490.html) on the Cryanair thread. [oops - edited to correct this.] Schedule changes are not currently regulated by the EC under Regulation 261/2004, but they are thinking about it. But hurry, the consultation closes 1 March. (Edited to add. Note that FR was refusing to give a full refund despite what it says in their terms and conditions.)

I'd also ask the AUC (http://www.auc.org.uk/) how they view the airline's policy. I suspect they would be prepared to suggest that the full amount should be refunded for a 'schedule change' of 4 days.

Even though a regulation doesn't exist the contract still has to comply with contract law. I'm not a lawyer but I'm fairly certain that a court (small claims) would rule that the airline has not complied and that a 4 day change is well beyond a reasonable change. (airlines exclude schedules from the contracts core terms - but give me a break, 4 days?)

Don't give up - this would make O'leary blush

PAXboy
18th Feb 2010, 22:43
I agree with ExXB, it's a good survey - thoughtful and detailed. There is a limit to what regulation can I achieve and I said that clearly to them, don't legislate for things that can too easily be avoided. The downside of heavy regulation is cost and inaction. BUT well worth filling in.

Transport: Public consultations - European commission (http://ec.europa.eu/transport/passengers/consultations/2010_03_01_apr_legislation_en.htm)

GwynM
19th Feb 2010, 09:21
BMI Baby cancellation practices

surely this should be BMI contraception practices?:)

Tigh Wire
21st Feb 2010, 17:40
More people should use the credit card chargeback procedure. Complain to the card provider of a charge for a service not received and thus a fraudulent charge on your card. Be firm as they will try to put you off .

modelflyer
21st Feb 2010, 19:55
Thanks for your replies. I will look at the EU survey before the 1 March deadline.

My friend is now "on the case" and has good access to the legal world.

I will report back with the result when the matter is resolved.