FlyerTalk Forums - View Single Post - Downgrade when rebooked on another airline - BA and Comair
Old Feb 21, 2022 | 4:58 am
  #11  
Confus
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Originally Posted by KARFA
However, recent case law suggests if part of one ticket and even if the delay relates to the part of the booking outside the EU/UK on a non-EU/UK operated flight, compensation may be due. The relevant 2019 case is linked to below. This was the reverse situation, so CZ out to AUH, and then a delay on the connecting EY flight on to BKK.
This case was a customer transferring from an eligible flight to another one outside the EU, which is why is was ruled valid. AFAIK there is no similar ruling in the other direction, and flights outside the EU/UK remain out of scope if operated by non-community carriers - though by all means the OP could be the one to test it. And as others have said, Comair is out of scope despite whatever branding they may or may not pay to use. Jurisdiction is determined by the AOC, which in Comair’s case is issued by the South African CAA, not the UK’s.
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