Old Aug 29, 18, 10:03 am
  #1236  
nickplaton
 
Join Date: May 2017
Location: London, UK
Programs: Aadvantage Platinum BAEC Blue
Posts: 16
Originally Posted by corporate-wage-slave View Post
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.
I had to go through AA as it was an AA ticket. I was offered other flights before the original flight but from JFK but I didn't want to leave from JFK. I asked for the next day 9:35pm flight from EWR. So I guess it would count against me then.
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