Old Aug 29, 18, 9:55 am
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Originally Posted by nickplaton View Post
Thanks for your reply. I am UK based. If I were to go down the MCOL route, what would be my basis for the claim; just claiming for the 600 that I feel I'm entitled to? As I am staying with family, there is no accommodation cost; as a teacher, school doesn't start until Monday (so loss of time isn't an issue) So there wasn't really a financial impact on me. I decided to take the next day BA188 from EWR as I am staying close to the airport. They replaced the flight with a 772. Could the fact I wanted the flight the next day cause a problem for my case? There are only 2 flights to LHR from EWR. 188 is the 9:35pm flight.
The basis of the claim would be a cancellation / rebook beyond the allowed timescales under Article 7, where extraordinary circumstances do not apply. As a secondary argument, which is allowed under MCOL, you could say that even if extraordinary circumstances applies, this activity is inherent in flight operations, plus there is more BA could do to minimise the impact (e.g. using an alternative aircraft, routing you on alternative airlines). However it's not entirely clear from the details provided: if they offered you a seat on the the 772 that day, or offered a JFK service within the timescales, then I don't see BA being liable for an Article 7 claim. If you went out of your way to suggest the next day's service then that may count against you, if you went out of your way to ask for alternative services close to your original booking, that would count in your favour.
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