FlyerTalk Forums - View Single Post - The 2019 BA compensation thread: Your guide to Regulation EC261/2004
Old Nov 29, 2019 | 9:57 am
  #1551  
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Originally Posted by mjack99
I am wondering if this is a cancelled flight since SFO was not our original destination or if that is considered close enough to be good enough to be considered delayed? I assume there is no difference in compensation but just curious.
Had they got you to SFO say an hour later than SJC, then I think BA would be off the hook for Article 7, and perhaps rightly so, since it would be a case of the airline successfully mitigating against delay. The more trouble area would be if you were say 2 hrs 40 minutes delayed, but then had to go to (say) Fremont, that would be a more complex argument since the impact on you would be well over 3 hours. There is a long standing argument that different airports in the same city is good enough by airlines' standards - not just BA - but I suspect a senior court would take the view that it's the customer's impact that counts more.
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