FlyerTalk Forums - View Single Post - Book my own way after BA delay... What happens now?
Old Nov 23, 2018, 9:20 am
  #15  
pauldb
 
Join Date: Jun 2003
Programs: BA, IHG, 5C
Posts: 4,413
Originally Posted by Andriyko
We're not all confident - the EU Reg does not apply here as it can't apply to a flight that someone never took.
Have to disagree, even if it's not clear cut. If your flight is cancelled, you get compensation even if you refuse the rerouting offered and take a refund.

That's more than a parallel reference given that delay compensation doesn't actually come from the Delay section of EU261 - in fact it has been established that long delays should be compensated as if they are cancellations. I don't have the exact wording of that legal linkage, but it certainly points me to my conclusion.

The remedies of EU261 for delay also kick in "When an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure", not on arrival.
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