Old Sep 5, 18, 3:47 am
  #1273  
corporate-wage-slave
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Originally Posted by babarage View Post
Anyhow, BA is now saying that since they booked us on a flight that was supposed to arrive within the 3 hours they are not liable even if that flight is delayed. Because we switched carriers in London nobody is in fact liable. To me that sounds fishy. I would say it remains BAs problem and it is their bad luck our alternative flight was delayed. Or am I wrong?
It's not clearly laid out in the Regulation. If a flight operated by SN is late, then on paper it is for you to claim from SN, however presumably SN were not 3 hours late. On the one hand article 5 talks about scheduled timing (in a Cancellation context); whereas article 7 (compensation amounts) talks in terms of actual timings. I suspect MCOL would side with you (I don't know about CEDR) but it would not surprise me if BA relied on article 5 and refuses to pay up without a fight, partly because they won't see much data about the SN flight.
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