Changes to flight times - can we get a refund?

[IwishIwasmoreorganised]

We've got flights booked next January for our skiing holiday.

The airline (bmibaby) have changed the time of the flight by 4 hours, which now turns them from convenient to inconvenient. If they were on sale originally at the new time, we would not have booked them.

Their terms and conditions are not clear about our right to a refund, I cannot find anything concrete in terms of refunds and schedule changes.

This is what they say:

9.1.1 The flight times shown in timetables may change between the date of publication and the date you actually travel. We do not guarantee them to you and they do not form part of your contract with us.

9.1.2 Before we accept your booking, we will notify you of the scheduled flight time in effect as of that time, and it will be shown on your Ticket. It is possible we may need to change the scheduled flight time subsequent to issuance of your Ticket. If you provide us with contact information, we will endeavour to notify you of any such changes. If, after you purchase your Ticket, we make a significant change to the scheduled flight time, which is not acceptable to you, and we are unable to book you on an alternate flight which is acceptable to you, you will be entitled to a refund in accordance with Article 10.2.

Article 10.2 is less than helpful:

10.2 On failure by us to provide carriage in accordance with the contract of carriage refund of the fare or applicable portion thereof shall be made by us in accordance with this Article.

Does anybody have any experience of getting refunds after schedule changes?

[Pan]

Really poor prospects here. I listened to a 'travel barrister' on R4 a couple of years ago. He indicated that a flight ticket is nothing more than a vague promise that they will take you from one place to another at some time in the future. ( even the places can be determined by the airline).

I wouldn't proceed in expectation I'm afraid.

[ivykaty44]

I think it has to be over 12 hours for a refund, but it may be that it has to be written in the contract/ticket information. TBH I booked with them to go to portugal last easter - they changed the time three times I think, but for me it wasn't a problem.

[IwishIwasmoreorganised]

Where does the 12 hours rule come from ivykaty?

I've only done a very quick Google so far, and not come up with anything concrete.

I want to be clear on my facts before I attempt any communications with them!

[ivykaty44]

I had my flights changed by over 12 hours - this ws going back over 20 years ago - wehn we got to airport the rep said it would be great extra day in the sun.

I don't knwo where i got info from (probably soem bloke in the pub I worked in) but told woamn as it was 12 hours either she gave me refund or changed our flights to within the 12 hours

Amazingly she did and actually changed them to the time of the orignal flight - don't aks me how

so this distant memory is what i knew then.

I would give tradign standards a call and see what they say - it may come under resnable time chane and I would bet 4 hours is considered reasnable...sorry

[IwishIwasmoreorganised]

Yes, trading standards would be a goods starting place I think, or citizens advice perhaps?

Thanks for your thoughts.

[sophiaverloren]

Don't know how helpful this is, but our recent experience is this: our flights in September were changed one month beforehand by one whole day (ie flight on Tuesday ar 2pm was now Wedensday at 2pm, they'd effectively cancelled that day's flight). We were offered the opportunity to cancel with full refund. I've just looked up the email I received at the time and they (FLYBE) state:

Please note we do not offer refunds for schedule changes which are still travelling within 2 hours of the original departure time

SO had we been in your situation with flybe, we could have cancelled and got a full refund.

Obviously this is a different airline, but still a low cost one and in my experience they don't tend to give things they don't need to! Good luck.

[IwishIwasmoreorganised]

Thanks. I'm on the phone (well on hold!) to them now.

They're not being terribly forthcoming with a refund - yet!

I've found a decent alternative flight, so am really keen to get our money back, not have it tied up in a credit voucher which is what they're currently offering.

[ivykaty44]

and....?

[IwishIwasmoreorganised]

No joy so far!

There's a recorded message that states that if the flight has been rescheduled by between 3 and 5 hours (which is the case with us) then they will offer a credit note only, not a refund. I held on to speak to a member of staff to ask where this is stated within the terms and conditions (which after all, is the legally binding part) and they were unable to find it - as I have been after searching again.

So I've sent off a letter detailing that the new flight times are unacceptable to us, outlined the reasons why and pointed out that the 3-5 hour rule doesn't feature in their terms and conditions so I have requested a full refund.

Fingers crossed!