FlyerTalk Forums - View Single Post - The 2018 BA compensation thread: Your guide to Regulation EC261/2004
Old Jan 1, 2018, 9:55 am
Join Date: Jan 2006
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Originally Posted by corporate-wage-slave
Post 6

EC261 and more complex ticketing

Q6: I am flying to Gibraltar, is that covered by the Regulation
No. Due to the ongoing sovereignty dispute between the governments of the UK, Gibraltar and Spain, which sometimes impacts flights, it was left out of the regulations and that remains the case. There is a view that Gibraltar is now in scope, but there hasn't been a ruling by a senior court to be certain about this.
Hang on, I think that needs correction - as it is very misleading (in fact I'd say it is outright wrong) as it stands, especially since this post sits within the British Airways section of FT.
The question as always is where are you flying FROM, and/or who are you flying WITH.

If someone is flying *to* Gibraltar - as phrased in your example question - from the UK (e.g. British Airways from LHR, or easyjet from Gatwick, Manchester, Bristol etc). You ARE unquestionably covered (since you are departing from an airport within the scope of the regulation - your destinaiton does not matter).
Indeed, I've been paid out on this many times by BA.
Any ad-hoc charters from other origin airports that are inscope are also covered, irrespective of the operating airline.

Now, if someone is flying *from* Gibraltar airport, and they are flying with an airline that is covered based upon its registration, and to a destination that is covered (e.g. BA or easyJet to the UK) then again you are also unquestionably covered.
And again, I've been paid out by BA MANY MANY times on this.

So, the short version is BA flights to GIB are covered in BOTH directions (same with easyJet). And there is no debate on this point.

Looking at the current airlines operating to/from GIB, there is actually only one situation that is affected:
BA and easyjet (both from and to the UK) - covered both ways due to departure from airport in scope on outbound, and the flight operated by an airline in scope to a destination in scope on the return.
Royal Air Maroc - as this is not an EU airline, departures from Morocco to GIB would not be covered anyway, the only scheduled service potentially out of scope is RAM departing GIB to Morocco - due to Gibraltar airport being excluded due to Spanish pressure.

As such, I think it should be changed to:

Q6: I am flying to Gibraltar, is that covered by the Regulation
A: While Gibraltar airport is excluded (due to Spanish political pressure) your flight TO Gibraltar is covered providing it departs from airport that is covered (e.g. ALL flights departing from the UK, etc), you are also covered for flights FROM Gibraltar to the UK (or any other airports that are covered by the regulation) providing they are operated by an EU regulated airline - e.g. British Airways, easyJet, etc. So all British Airways flights are covered, and easyjet, etc - in both directions.
(Due to the exclusion of Gibraltar airport the flights NOT covered are those departing from GIB - which are operated by a non-EU regulated airline or going to an airport that is not covered by the regulation. In practical terms this is the Royal Air Maroc flights from Gibraltar to Tangier/Casablanca. These would have been covered if Gibraltar airport was not-excluded, in the same way that flights from the UK to Morocco - operated by RAM - are covered by the regulation, because they depart from an airport that is covered despite not being operated by an EU airline.
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