FlyerTalk Forums - View Single Post - The 2016 BA compensation thread: Your guide to Regulation 261/2004
Old Aug 14, 2016 | 3:44 am
  #951  
lorcancoyle
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Originally Posted by MBDublin
In my case I was offloaded well before the 20mins and not by the gate agents who initially were confused by the situation. I was subsequently told that off loading occured automatically due to the late arrival but I don't know exactly when. I think the 20 mins is irrelevant in this instance for this reason and for the fact that other pax were boarded after my idb.
Agree. The 35 minute rule at security is something that is capable of being monitored and implemented, and is applied to all pax. There's no way for BA to determine who is at a gate 20 mins beforehand apart from the boarding process itself apart from a personalised call for a passenger - but that would be treating different types of passengers differently.

I seem to recall case where ECJ ruled a delay purely on shorthaul element of trip would only get shorthaul compensation, even if connecting from long haul as to do otherwise would be discriminatory / unfair.

If BA did make some sort of call for pax (they didn't, as they'd already been offloaded) they might have some form of defence, but I'd still think it a pretty weak one.
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