FlyerTalk Forums - View Single Post - The 2017 BA compensation thread: Your guide to Regulation EC261/2004
Old Jul 7, 2017, 2:54 pm
  #1006  
Tyzap
 
Join Date: Jan 2017
Posts: 67
Originally Posted by RedArrowX
Hoping someone can clarify the following.

We were flying LAS>LHR>GLA on the same through ticket. Due to a mix up by BA we were delayed over 9 hours for our connecting flight to GLA.

BA are offering us 250 Euros each, as our LAS flight arrived on time into LHR and the delay was only on the connecting flight.

Is this correct or should we be entitled to 600 Euros each?
BA are wrong on this point. The regulations are clear as you can see from this EC extract

vii. Compensation for late arrival in the case of connecting flights

The Court43 takes the view that a delay must be assessed for the purposes of the compensation provided for in Article 7 of the Regulation, in relation to the scheduled time of arrival at the passenger's final destination as defined in Article 2(h) of the Regulation, which in the case of directly connecting flights must be understood as the destination of the last flight taken by the passenger.

In the case of passengers departing from an airport in an non-EU country to an airport situated in the territory of a Member State as their final destination in accordance with Article 3(1)(b), with directly connecting flights operated successively by non-EU and EU carriers or by EU carriers only, the right to compensation in case of a long delay on arrival at the final destination should be assessed only in relation to the flights operated by EU carriers.

If BA still refuse to pay you €600, the simplest way to move forwards would be via CEDR, who are unlikely to fail in the correct interpretation of the regs as it's pretty difficult to mis interpret the above.
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