[Anonymous]

[CharlesRhona]

A neighbour of mine has just undergone a torturous few days trying to rescue his Xmas holiday from ABZ to MLA via LHR. The booking was made online directly with Air Malta while the ABZ – LHR sector was operated by BMI but with an Air Malta Code. All BMI flights from ABZ – LHR were cancelled for the day of travel. This became apparent before from the information released by BMI on their website. My neighbour then spent hours trying to contact Air Malta on their UK number. Each time he called the message stated that nobody was available to take the call and the line was then automatically cut off. He eventually made contact with Air Malta’s International Call Centre but this proved to be useless and extrememly frustrating. The representative insisted that because BMI had cancelled their flight they were responsible for dealing with the problem. She also stated that he would lose his connection from LHR – MLA as this flight was scheduled to leave as proposed. Despite 2 lengthy calls to the Call Centre, requests to speak to a supervisor (which were refused), long periods of being put on hold as the representative could not answer his questions, he was no further ahead by the end of the day before his cancelled flight from ABZ which was originally scheduled for 06.25 hrs the following morning.

As a result he felt obliged to turn up at the airport the next morning at 05.00 hrs knowing that the flight was not going so that he could speak to a BMI representative. He had also unsuccesfully tried to contact BMI the previous day. He found a very sympathetic BMI rep who stated that the problem lay with Air Malta and that BMI did not have access to Air Malta’s systems to allow them to resolve the problem. The BMI rep did however manage to provisionally re-book the same flights originally booked; for Friday of this week but he may decide not to fly due to continuing problems with weather and at LHR. The last thing he wants is to get to LHR on Xmas Eve only to find the MLA flight is cancelled and he is stuck in London over Xmas as Air Malta do not fly on Xmas Day. A subsequent call to Air Malta has been made but they continue to wash their hands of the situation saying BMI are responsible.

If he decides to cancel Air Malta’s response suggests that he may have an issue in obtaining a refund for what were quite expensive air tickets. My question is who is responsible here? My view is that he entered a legal contract with Air Malta and they have failed to deliver what they sold to him. In the circumstances they should have made arrangements to re-book the flights or offer him a refund. Am I correct or are such circumstances in the airline industry more complex as regards legal liability?

[dutchyankee]

The world of code share flights really shows its complications and frustrations when delays or cancellations occur. I would agree with you CharlesRhona, as the ticket was purchased on and through KM (Air Malta), then the responsibility lies with Air Malta. If they can sell tickets on their own airline code exit ABZ, a destination they themselves do not serve, then they can not now hide behind the fact that the flight they sold, on their KM code, is operated by another carrier and hence not their problem or responsibility.

[flier74]

Also maybe someone can enlighten me on the following? My flight from HAM was cancelled on Sunday due to the capacity problems at LHR, I therefore chose to take the train. Can I claim the incurred costs back from the Airline or will they just use the “weather” clause. I am a premiuim Card holder with them and wonder if they will refund me the incurred costs. anyone had experience with that?

[VintageKrug]

I would recommend pursuing the claim direct with your travel insurance provider.

EU legislation is not a licence to travel without your own proper provision.

[DisgustedofSwieqi]

Charles Rhona

What is the eticket number prefix?

236 is bmi, Air Malta is 643. This will clarify with whom the contract is formed.

However, as I understand this from prior experience (and I am a layman, not an industry insider), the carrier who causes the missed connection is responsible for dealing with the mess.

Sadly, missed connections are not covered under the EC 261/2004 directive and thus care/compensation is not specified, which has always struck me as being very wrong.

Presumably, your friend has travel insurance? In such situations, I usually just claim against the missed departure clause and then let the insurance company fight with the airlines.

[dutchyankee]

Disgusted, that is good information, a bit of a shock as I would immediately think the responsibility lies on who sold the ticket, so very good to know indeed. I ceratinly also agree with you regarding the EC directive. I guess as they always say Buyer beware, and always have travel insurance!!!

[LuganoPirate]

flier74, without wishing to sound harsh, be glad you managed to get home and put it down to experience (or insurance if you can). At the end of the day airlines are businesses that need to make money to survive. Had you stayed at HAM I’m sure the airline would have met their obligations and got you home – eventually! They may even have paid to put you up in a hotel?

You chose to bypass all that as you wanted to get home quickly by any means possible so you took the option of going by train. In those circumstances I don’t think the airline will compensate you, though maybe they will refund the unused part of the ticket and taxes, and I also doubt if your insurance will cover you for a whole number of reasons.

I would have done (have done) the same as you to get home, and just written off the cost of probably a few hundred pounds as I sink comfortably into my sofa at home.

[watersz]

if they paid by cc it still comes under the sale of goods act
ailines almost always want to use the extraordinary clause act

but the wieght of the the cc company may have more chance to bring some success

[DisgustedofSwieqi]

dutchyankee

Just to be clear, when I say that the airline responsible for the mess must clear it up, I am refering to getting the pax on the next possible connecting flight.

If there is no connecting flight available and a refund is required, I imagine the company issuing the ticket must refund it, as it is hardly the customer’s fault that the journey was impossible.

However, as I said, I just throw the problem to the insurance company, that’s why I have insurance.

I use Air Malta a lot and over the years have suffered from some events.

They have always been straight with me and efficient, sorry that Mr Rhona’s friend found the call centre unhelpful, although I suspect they were right to signpost his friend to bmi. in the first instance

[flier74]

Thanks for the info guys. I was actually coming over from home for work and whilst I have ravel insurance they say it is not covered as the Airline “chose to cancel the flight” (not my words, but theirs. They axctually referred me to the Airline, so I am jsut gonna fire off a quick e mail and see what the outcome is.

[dutchyankee]

DisgustedofSwieqi,

Thanks for the further clarification, what you say makes sense of course. I too recently flew with Air Malta (MUC-MLA and MLA-BRU) and whilst I found the seat pitch really poor, the service, and attitude were all friendly and professional. I would certainly fly with them again.

[nick50000]

The weather is ultimately responsible.

BAA are directly responsible.

[DisgustedofSwieqi]

dutchyankee

You were probably on AEP or AEQ, 320s with an extra row or two of seats.

If you fly KM again, look out for the 100€ per sector upgrade to Club, still Y seats, but the middle is free, noticeably more legroom and a full service experience, with drinks before departure, open bar, hot meals on longer pulls and decent salads on shorter sectors.

[dutchyankee]

Thanks for that. I did try the upgrade option on the MLA-BRU sector as I saw it advertised upon check-in, but C was already full. But a great option for future flights. Thanks again!

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