FlyerTalk Forums - View Single Post - Flight From Hell [BA2036 MCO-LGW delayed then diverted to JFK]
Old Nov 12, 2018, 5:32 am
  #164  
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Originally Posted by lavajava
What do you think their chances are? Any other examples out there of double EU261 being paid in a similar circumstance?
I did wonder if this would come up! I bet BA will regard it as a single trip which just had 2 delays on it - and it was apparently caused by the same problem. And people would typically have one reservation for that trip. If EC261 had intended to add extra penalties for extended delays it would have said so, given it does curtail penalties for short delays. Generally I would say that BA would probably have good grounds for holding to one EC261, and I bet CEDR would agree. However in MCOL, if someone was able to persuade the court that this really was two trips, two delays, then I can see in some circumstances it may be successful on a balance of probabilities basis.
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