Rules on compensation and assistance in the event of denied boarding and of cancellation or long delays of flights. This notice contains important information about your rights established by European regulation (EC) No. 261/2004 and applies to you if:
In any event, (except in the case where your flight has been cancelled) you have presented yourself at the Check-In Desk or boarding gate, with a confirmed reservation, before the Check-In or boarding deadline for your Flight as specified by us in our Terms and Conditions and Carriers Regulations. Compliance with this Regulation is subject to the scrutiny of designated bodies in each EC country. Should you require the details of the applicable body, written details are available on request from our ground staff.
In the unlikely event that flybmi reasonably expects to deny boarding on a flight, it shall first call volunteers to surrender their reservations in exchange for benefits offered by flybmi. If there is an insufficient number of volunteers, flybmi will deny boarding to passengers against their will and the passenger will be entitled to the rights set out below. The provisions herein do not apply to those passengers who have been denied boarding for any reason other than ‘overbooked’.
When flybmi reasonably expects a flight to be delayed beyond its schedule time of departure for two hours or more in the cases of flights 1500 km or less or for three hours or more in the cases of all intra-Community flights of more than 1500 km and of all other flights between 1500 km and 3500 km or for four hours or more for flights greater than 3,500km, you may be entitled to the rights set out in section 5(a) and (d). If your flight is delayed for at least 5 hours you will be entitled to reimbursement of that flight should you choose not to fly set out in section 4(a) and (b). If your flight is delayed to the day after the original flight departure time, you will be entitled to the rights under section 5 (b) and (d). In the event that your flight is delayed by more than 3 hours from its scheduled arrival time you will be entitled to the rights in section 3, except where the delay is due to extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, including but not limited to air traffic control, weather, civil arrest, terrorist alerts and security alerts, strike action and unexpected flight safety shortcomings.
If your flight is cancelled or delayed for over 3 hours on arrival, you may be entitled to the rights set out in sections 3,4 and 5 as per below EXCEPT when:
If you are involuntarily denied boarding or your flight is cancelled (provided an exception specified above does not apply), you shall receive compensation amounting to the following:
f flybmi are able to offer you re-routing on an alternative flight to your final destination, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked then flybmi will reduce the amount of compensation above by 50%. Distances will be measured by the great circle route method.
If you are denied boarding (whether voluntarily or involuntarily) or your flight is cancelled you are additionally entitled to choose between:
If your flight is delayed by at least five hours and you elect not to travel, you are entitled to receive reimbursement in the manner set out in (a) and (b) above.
If boarding is denied to you against your will flybmi will offer you:
If your flight is delayed as specified under ‘Flight Delays’ above or cancelled without notice being given to you prior to your arrival at the airport of departure flybmi will offer you items a) and d) above. If the new time of departure is reasonably expected as a result of the delay or your being re-routed following a cancellation to at least the day after the original time of departure, we will also offer you b) and c) above. In the unlikely event it is not possible for flybmi to arrange care set out in this paragraph, flybmi will reimburse you for reasonable receipted expenses upon application to flybmi Customer Contact Centre, Pegasus Business Park, East Midlands Airport, Castle Donington, DE74 2TU, United Kingdom.
If you remain dissatisfied with the final decision made from our customer care team, you may contact the Civil Aviation Authority (CAA) and their Passenger Advice and Complaints Team (PACT) Please follow the link: http://www.caa.co.uk/passengers
An online dispute resolution platform operated by the European Commission is now available to help access to Alternative Dispute Resolution (ADR) for complaints. Please follow the link: http://ec.europa.eu/odr
Please note that flybmi is not required to offer, and does not subscribe to an ADR scheme therefore neither the ODR platform nor any approved ADR providers will be able to accept your complaint.