British Midland Regional Limited trading as flybmi - in Administration (‘the Company’)

Francis Graham Newton, Antony David Nygate and James Bernard Stephen partners of BDO LLP were appointed Joint Administrators of the Company on 18 February 2019. The Joint Administrators are agents of the Company and act without personal liability.

Customer Claims - Questions and Answers

High Level Overview

This document has been prepared in order to provide high level information for Customers who may have been affected by the closure of the airline and may have a claim against the Company. The information provided is to assist Customers and is not deemed to be specific advice to Customers or an admission of any claim that you may have against the Company. This document is intended for use of the Customers of the Company only.

  • ALL FLIGHTS HAVE BEEN CANCELLED BOTH FROM AND TO THE UK.
  • The Company is no longer able to operate any flights to and from the UK and within Europe.
  • Please DO NOT TRAVEL TO THE AIRPORT unless you have arranged an alternative flight with an alternative airline
  • All Customers due to travel with the Company will need to rebook flights with an alternative airline.
  • The Company is unable to arrange or reschedule any flights for you.
  • If Customers have booked through a code share partner of the Company (Lufthansa, Brussels Airlines, Turkish Airlines, Loganair, Air France and Air Dolomiti) or a booking agent you should contact them directly.

Customer Actions

Customers can take the following actions in respect of any claim they may have:

  • Credit Cards - Customers who have paid a deposit or paid for flights by credit or debit card and the flights have been cancelled may be able to get their money back by claiming a refund from their card issuer. Please contact your card issuer as soon as you can if this applies to you. Further information on time limits to apply is available from the UK Cards Association: Credit and Debit Cards: a Consumer Guide www.theukcardsassociation.org.uk
  • Travel Insurance - Customers who have travel insurance should contact their travel insurance provider to understand if they are eligible to claim for cancelled flights and the procedure for doing so.
  • Code Share Partner - If Customers have booked through a code share partner of the Company (Lufthansa, Brussels Airlines, Turkish Airlines, Loganair, Air France and Air Dolomiti) or a booking agent you should contact them directly.
  • Claim against the Company - Customers can make a claim against the Company. To do so please contact the Joint Administrators at BMR@bdo.co.uk.

Questions and Answers

I am due to fly with flybmi, what should I do?

  • Unfortunately all flights have been cancelled.
  • Do not go to the airport unless you have booked a flight with an alternative airline.
  • If Customers have booked through a code share partner or a booking agent you should contact them directly for assistance.
  • The Company’s code share partners are Lufthansa, Brussels Airlines, Turkish Airlines, Loganair, Air France and Air Dolomiti.

As my flight has been cancelled who will help me to fly?

  • The Company is unable to reschedule or rebook alternative flights on behalf of Customers.
  • Customers will need to make alternative arrangements with a different airline.
  • If Customers have booked through a code share partner or a booking agent you should contact them directly for assistance.
  • The Company’s code share partners are Lufthansa, Brussels Airlines, Turkish Airlines, Loganair, Air France and Air Dolomiti.

Who pays for my replacement fight?

  • The Company is unable to purchase alternative flights for Customers affected. Those affected will have to purchase replacement flights directly with a different airline.
  • If Customers have booked through a code share partner or a booking agent you should contact them directly for assistance.
  • The Company’s code share partners are Lufthansa, Brussels Airlines, Turkish Airlines, Loganair, Air France and Air Dolomiti.

How do I get my money back for cancelled flights?

  • The Company is unable to repay Customers for cancelled flights which they have paid for as the Company is in Administration.
  • There are a number of options available to Customers to consider:
  • Customers should contact their bank/credit card provider to obtain refunds;
  • If Customers have booked through a code share partner or a booking agent you should contact them directly (details above).
  • Customers who have travel insurance should contact their travel insurance provider to understand if they are eligible to claim as a result of the cancelled flights and the procedure for doing so.
  • If the above options are not available, Customers may make a claim against the Company. To do so please contact the Joint Administrators at BMR@bdo.co.uk.

Will the Company loan me money to get home or for replacement flights?

  • The Company is in Administration and is unable to loan Customers money to pay for replacement flights.

I have paid on my credit / debit card, what should I do?

  • If Customers have made a deposit for or paid for goods or services by credit or debit card and the goods or services are not going to be received by the due date, you may be able to get your money back by claiming a refund from your card issuer.
  • If you think this may apply to you, you should make contact with your card issuer as soon as you can to understand what financial protection you may be entitled to.
  • Further information (including time limits that apply) is available from the UK Cards Association Credit and Debit cards: A Consumer Guide www.the ukcardsassociation.org.uk.
  • The contact number for your credit or debit card issuer may be located on the reverse of your card (otherwise it can be found online). The card issuer is the bank which issued the card to you, not the payment processor. For example, if you have a Lloyds MasterCard, the card issuer is Lloyds (not MasterCard).
  • If you paid by credit card, you may have a claim against your credit card issuer under section 75 of the Consumer Credit Card Act 1974 for the cost of making alternative travel arrangements to return to the UK or Europe together with any additional costs reasonably incurred as a result of the Company’s insolvency. Please contact your credit card issuer for further details on eligibility, which costs may and may not be covered and how to make a claim.

I have had to pay for a hotel and food whilst I have been waiting to return to the UK, how do I get my money back?

  • As detailed above if you paid by credit card, you may have a claim against your credit card issuer under section 75 of the Consumer Credit Card Act 1974 for the cost of making alternative travel arrangements to return to the UK or Europe together with any additional costs reasonably incurred. Please contact your credit card issuer for further details on eligibility, which costs may and may not be covered and how to make a claim.
  • Customers who have travel insurance should contact their travel insurance provider to understand if they are eligible to claim for cancelled flights and the procedure for doing so.
  • Customers may also have a claim for compensation under EU regulations 261/2004 (see below) for reasonable expenses.

What is EU Regulation 261/2004?

  • This regulation establishes the common rules on compensation and assistance to passengers in the event of being denied boarding and of cancellation or long delay of certain flights within the EU.
  • If your flight has been cancelled you may have a statutory right to make a claim for compensation under this regulation.

I have already arranged holiday and annual leave with my employer and made accommodation bookings – what if I can’t find other flights? Will I be compensated for my costs?

  • If you have paid by credit card you may be able to claim these costs back. Please contact you card issuer regarding this.
  • Customers who have travel insurance should contact their travel insurance provider to understand if they are eligible to claim as a result of cancelled flights and the procedure for doing so.

I paid cash or with vouchers to buy my flight, what do I do?

  • If a Customer paid with either cash or vouchers you may make a claim against the Company To do so please contact the Joint Administrators at BMR@bdo.co.uk regarding your claim.

How can I register my claim for flights which have been cancelled?

  • As detailed above Customers may make a claim for cancelled flights against the Company. To do so please email BMR@bdo.co.uk regarding your claim.

How will the Joint Administrators update me about my claim?

  • The Joint Administrators will provide regular updates to Customers as creditors of the Company during the course of the Administration.

Please Note

The appointment of the Joint Administrators are personal appointments. BDO LLP does not assume any responsibility and will not accept any liability to any person in respect of this document or the conduct of the Administration.

The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.