FlyerTalk Forums - View Single Post - The BA Compensation Thread: Your guide to Regulation 261/2004 [2013 archive]
Old Sep 26, 2013 | 3:46 am
  #1028  
NickB
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Originally Posted by Flying Flis
I've been reading through but can't find a direct answer to a question I have. Full disclosure, this does not relate to a BA flight, but you are all so knowledgeable I'm hoping you can help.

My other half was due to fly back from Portugal at lunchtime on Sunday. Departure was delayed by 4 hours, then 5, then 6........ After 7 hours we were beginning to think this flight may never take off, the airline were offering little information and no alternative routing options so he purchased a ticket on another airline.

The flight did eventually depart about an hour after his new flight, finally arriving in the UK nearly 9 hours late. The airline are now saying that because he did not fly with them, he is not entitled to EU compensation, just a refund on the flight (which doesn't come close to covering the cost of the new flight he purchased).

Various articles seem to agree with me that standard compensation is due (on top of the refund) but I can't find any actual reference in the regulations to support this. Am I correct?
See post #1011 above. In the reg, look at the provisions on cancellations (viz. Art. 5) since it is that on which the ECJ base the analogy for delays.

Did your OH speak to the airline staff at the airport asking to be rerouted on an earlier flight or did (s)he just wander off and booked something else? If the former, this makes it somewhat easier to argue the case.
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