Regulation 2612004 rules on compensation and assistance in the event of denied boarding and of cancellation or long delays of flights
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:
- You have a confirmed booking on a flight operated by British Midland Regional Ltd (hereinafter bmi regional) purchased at a fare available directly or indirectly to the general public; or
- Your flight is departing from an airport located in the territory of a Member State to which the Treaty applies; or
- Your flight is departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless you receive benefits or compensation and were given assistance in that third country;
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 bmi regional reasonably expects to deny boarding on a flight, it shall first call volunteers to surrender their reservations in exchange for benefits offered by bmi regional. If there is an insufficient number of volunteers, bmi regional 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 bmi regional 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:
- You are informed of the cancellation at least two weeks before the scheduled time of departure; or
- You are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing you to depart no more than two hours before the scheduled time of departure and to reach your final destination less than four hours after the scheduled time of arrival; or
- You are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing you to depart no more than one hour before the scheduled time of departure and to reach your final destination less than two hours after the scheduled time of arrival; or
- bmi regional can prove the cancellation/delay is due to extraordinary circumstance which could not have been avoided even if all reasonable measures had been taken, including but not limited to Air traffic Control, Weather, Civil unrest, Terrorist alerts and Security alerts, Strike action and unexpected flight safety shortcomings.
Right to Compensation
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:
- EUR 250 for all flights 1 500 km or less;
- EUR 400 for all intra-Community flights of more than 1500 km, and all other flights between 1500 and 3500 km;
- EUR 600 for all flights of 3,500 or more.
If bmi regional 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 bmi regional will reduce the amount of compensation above by 50%. Distances will be measured by the great circle route method.
- By two hours, in respect of all flights of 1500 km or less; or
- By three hours in respect to intra-Community flights of more than 1500 km and for all other flights between 1500 and 3500 km; or
- By four hours, in respect of all flights of 3500km or more.
Right to Reimbursement or Routing
If you are denied boarding (whether voluntarily or involuntarily) or your flight is cancelled you are additionally entitled to choose between:
- (a) reimbursement by the means provided for in Article 7(3) of Regulation (EC) 261/2004 for the part or parts of your journey not made; or
- (b) reimbursement by the means provided for in Article 7(3) of Regulation (EC) 261/2004 for the part or parts of your journey already made if the flight no longer serves any purpose in relation to your original travel plans, together with, where relevant, a return flight to the first point of departure, at the earliest opportunity; or
- ( c) the offer of re-routing to your final destination at the earliest opportunity; or
- (d) the offer of re-routing, to your final destination at a later date at your convenience, subject to availability of seats.
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.
Right to Care
If boarding is denied to you against your will bmi regional will offer you:
- (a) meals and refreshments in a reasonable relation to the waiting time;
- (b) hotel accommodation where a stay of one or more nights becomes necessary;
- (c ) transport between the airport and place of accommodation (hotel or other)
- (d) two telephone calls, telex or fax messages, or emails.
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 bmi regional 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 bmi regional to arrange care set out in this paragraph, bmi regional will reimburse you for reasonable receipted expenses upon application to bmi regional 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 bmi regional 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.