FlyerTalk Forums - View Single Post - The 2021/22 BA compensation thread: Your guide to Regulation EC261/2004
Old Jun 19, 2022, 1:35 pm
  #1404  
KARFA
Ambassador, British Airways; FlyerTalk Posting Legend
 
Join Date: Apr 2012
Location: Leeds, UK
Programs: BA GGL/CCR, GfL, HH Diamond
Posts: 42,982
Originally Posted by Im a new user
Is that really true? The airport is a contractor to the airline. BA chose to use LGW's airport services instead of using, say, the LHR or STN airport services. Shouldn't BA be responsible for the services provided by the airport in the same way that the airline is responsible for any delay caused by the luggage handlers loading the luggage too slowly or something?

ATC is provided by the authorities and BA is forced to use Her Majesty's ATC in the same way that BA is forced to use Her Majesty's police force if a passenger on board has to be arrested, i.e. BA has no choice.
Not really ordinary circumstances that airports enforce large cuts of flights over long periods, and what reasonable measures could ba have taken to avoid the cancellation?

If BA claims that the next available flight (direct or connecting) to KEF is two days later, do you really think that BA has taken all reasonable measures to avoid the delay? Compensation should be due.
Isn’t that irrelevant? The extraordinary circumstances and reasonable measures relate to the original cancellation. Whether BA then offer you a flight 4 hours or 4 days later makes no difference to the compensation claim.

EDIT: of course if BA are unwilling to offer other flights and only offer their own several days later you may feel you want to pay for an alternative yourself and claim the cost back from BA on the basis they were not offering you rebooking at the earliest opportunity under Art 8.

Last edited by KARFA; Jun 19, 2022 at 1:42 pm
KARFA is online now