Originally Posted by
tobsw
Forget it, no compensation due. Youīre flight departing Bolivia was delayed, with an expected 1h delay on arrival. As a consequence you donīt fulfil the MCT between T4S and T4 and youīre automatically off-loaded and re-booked into a new flight.
Something similar happened to me - had a LGW-MAD-BCN with a very tight connection in MAD. LGW to MAD was delayed by 25 min, with a delayed arrival, and below MCT to connect to BCN. I was automatically de-boarded from the booked MAD-BCN flight and booked into the next one. I didnīt now, so once I landed I headed to the gate of my original flight, who was still boarding. All good, until I get to the machines and red light flashes. "Sorry, computer says youīve been rebooked into new flight to the late arrival of previous flight." I was like "...!" - she then said, letīs see how many free places are available. If you donīt have checked luggage you may board if free seats are available". Luckily, free seats were available so I was able to board my original flight.
Essentially, BoA fu***d up: with a scheduled delay on arrival below the MCT. Iberia, on his right, rebooked you to the next available flight. Itīs not just being at the gate 35 min before scheduled dep - as a connecting pax on one ticket there are MCT. Thereīs really nothing you can do. Save your time.
Utterly false.
EC Guidance issued in 2016, albeit non-binding on any court, but nonetheless highly persuasive, expressly covers the situation in this case. IB relied on poor information to the effect that OP would likely misconnect and thus not be at his departure gate by the deadline. In that situation, Section 4.4.2 of the Guidance provides for compensation.
4.4.2. Compensation, denied boarding and connecting flights
Passengers on connected flights must be compensated where, in the context of a single contract of carriage with an itinerary involving directly connecting flights and a single check-in, an air carrier denies boarding to some passengers on the ground that the first flight included in their reservation has been subject to a delay attributable to that carrier and the latter mistakenly expected those passengers not to arrive in time to board the second flight.
Knowing that OP would likely misconnect, IB should simply have alerted the standby passenger who filled OP's seat that he would likely be boarded, had a boarding pass ready, and processed it as soon as the deadline passed. That is the entire reason why IB has a deadline. Instead, it jumped the gun and offloaded OP before it knew that he would misconnect.