BMI BABY FLIGHT WW5328 13.8.2010

I have mentioned before in a post about our delay of 22 hours for our flight from Malaga to Nottingham East Midlands on Friday 13 August 2010.  After writing to the Managing Director, Julian Carr, BMI Baby stataed we were not entitled to compensation.  Due to this reply I took my complaint to the Spanish authories, AESA in April 2011.  My claim was under Article 7, Regulation (EU) 261/2004 where the airline have to provide compensation for the delay we had.  What made it worse was that they left a full flight in Malaga airport all night and did not provide accomodation.  AESA wrote to BMII Baby on 12 April 2011 requesting a report from them.  It was no surprise to discover that as of 26 March 2012 they had not replied to the authorities in Spain.  Accordingly AESA wrote to me stating that the carrier had failed to provide evidence of extraordinary circumstances for the delay, a defence to paying the compensation, and accordingly should pay to each passenger 400 euros as the distance was over 1500 kms.  In our case 1600 euros being a party of four.  A copy of this letter from AESA was also sent to BMI Baby at the start of this month.

Needless to say I have not and will not fly BMI Baby ever again. 

After a long battle, but to be honest not that hard once I knew who to write to, BMI Baby have settled with a cheque for £1308.81.  I am aware of at least one member on the site who was on the same flight.  If there is anyone else who was on this flight who I might be able to help then pm me.  There is no excuse for poor customer service especially when the law is on your side.     

Nice one Reliant Robin - great to hear. 

I was not on that flight but had something similar with EasyJet.  It went on for a year with me writing politely and EasyJet sending silly or gobbledegook replies, requesting invoices they had been sent or not replying at all etc.  Finally having issued a "Letter Before Action" letter to them without a reply I issued proceedings in the County Court.  Then just like magic they immediately coughed up with an apology.

For sure, they give you the run around knowing that many will give up.  Tenacity is required - if enough people do so they'll have to change tactics and provide a reasonable service.

Great NEWS thats 18 pounds an hour

We all seemto PAY a lot more NOWADAYS for our FLIGHTS so its nice to see THAT when it does go WRONG it can work the OTHERWAY ie in ONES favour

I think they have been BOUGHT OUT by BA now

Rod