FlyerTalk Forums - View Single Post - The BA Compensation Thread: Your guide to Regulation 261/2004
Old Jan 9, 2015, 7:56 am
  #1898  
flieduk
 
Join Date: Dec 2013
Location: UK
Programs: BAEC
Posts: 659
Originally Posted by Dave Noble
If I am understanding it correctly, the issue was not that the flight was delayed but that you were unable to get to the aeroplane in time due to the airport connection issues which are not run by BA

BA isn't liable for the airport itself and I doubt that flight disruptions due to fog would be classed as being within BA's control and even going to court would be successful in getting a payout

It does seem that there are attempts to really twist things so far removed from the intent , that I can understand why there are proposals to change it
On holiday at the moment so have not looked into it but I think the OP's problem is best considered in terms of the IDB provisions.

Has OP been denied boarding?
(j) "denied boarding" means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 3(2), except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation;
Article 3(2)
2. Paragraph 1 shall apply on the condition that passengers:

(a) have a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in Article 5, present themselves for check-in,

- as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, the tour operator or an authorised travel agent,

or, if no time is indicated,

- not later than 45 minutes before the published departure time; or

(b) have been transferred by an air carrier or tour operator from the flight for which they held a reservation to another flight, irrespective of the reason.
The legislation is ambiguous which does not help. But in respect of security delays I think it is more relevant than flight delay comp.

Denied boarding comp is prescribed in Article 4

Last edited by flieduk; Jan 9, 2015 at 8:02 am
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