FlyerTalk Forums - View Single Post - The 2021/22 BA compensation thread: Your guide to Regulation EC261/2004
Old Jan 19, 2022 | 4:02 pm
  #383  
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Originally Posted by NickB
Just wanted to add that there appears to be caselaw before the ECJ (WZ v Austrian Airlines) to confirm the view that, in case of re-routing to an alternate airport, the relevant time is the time of arrival at the original scheduled destination rather than the alternate airport (or ultimate alternative end destination specified by the passenger) airport including ground transfer time. So, if you are rerouted from EWR to JFK, arrival time will have to take into account the time to transfer from JFK to EWR (or, if the passenger is going to, say, Manhattan, the time to transfer to the passenger destination in Manhattan).
Although for some extra context, that case was a diversion on the day, rather than the passenger accepting/choosing rerouting to a different airport in the same city. So I think cws's note of caution on this one still has some merit.
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