FlyerTalk Forums - View Single Post - The 2018 BA compensation thread: Your guide to Regulation EC261/2004
Old May 21, 2018, 5:39 am
  #613  
KARFA
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Originally Posted by 2035
I had delay of 3 hours 40 minutes on direct BA flight LHR-TLV (BA167/03MAY18) due to mechanical issue with hydraulics, requiring change of plane (after rolling delay). Landed at 3:20am instead of 11:35pm. I Claimed EU261 compensation online, BA are trying to get out of it by saying that Israeli law should apply instead - which only offers compensation for 8 hour delay..
From their reply;
"
Under Israeli law, the pertinent piece of legislation that would ordinarily apply to passenger complaints is the Israeli Aviation Services Law (Compensation and Assistance for Flight Cancellation or Change of Conditions), 2012 (“the ASL”).

The ASL prescribes monetary compensation only in cases of flight delays exceeding eight hours. Although I regret the way your journey with us was affected and I completely understand how inconvenient it must have been, I'm afraid we can't offer you any compensation.
"
I intend to flight this one, up to CEDR/MCOL if required. Any thoughts?
This is rubbish. EC law does apply, it is an EU registered carrier flying in to the EU. Art 3 of EC261 on Scope clearly covers it:

1. This Regulation shall apply:

(a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies;

(b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier.
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