FlyerTalk Forums - View Single Post - The 2018 BA compensation thread: Your guide to Regulation EC261/2004
Old Oct 2, 2018, 11:41 pm
  #1443  
simons1
 
Join Date: May 2013
Posts: 6,349
Originally Posted by UKtravelbear
Because there is nothing in Article 8 that says they have to rebook a passenger onto an other airline - the wording is 'comparable transport conditions' not 'on any other carrier'

And there is no case law from a court of a high enough level to create a precedent to say it means using other carriers.

Plus you are in a whole other game of what does 'comparable' mean. And who decides what comparable condition actually means.
You conveniently avoid quoting the last piece of the text which says "at the earliest opportunity".

If the next BA flight is tomorrow, and an alternative carrier has a flight today with seats available in the customer's class of travel, then clearly using BA flights only is not the earliest opportunity, nor are you minimising the inconvenience to the traveller.
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