Originally Posted by
corporate-wage-slave
The OR statement above has a few extra words on the end, namely "subject to availability of seats". The CAA has given guidance (not law) about rebooking on other airlines, but it was all about finding a viable option more-or-less immediately and that would sometimes require the use of alternative airlines. The CMA letter today reinforces that, in terms of immediate rebooking options. And again I stress I was looking at this with a very strict interpretation headset on. But I'm not seeing anything that allows passenger convenience to extend to the selection of non BA services. Clearly BA needs to offer something for both sides of the OR statement, but in terms of what has been offered so far to the case specifically there, then BA may have some arguments. And as I say if BA does rig up an AY agreement, which they did last year, then that would satisfy EC261 in my view.
The OP isn't being offered anything tho, never mind another BA service. Any rebooking for BKK whether on the day or later on is going to be on a non BA service.
Your interpretation pretty much reduces Art. 8.1 (c) to nothing. You have to expect it was included for a reason. Subject to availability of seats means exactly that, not subject to arbitrary availability of identical selling classes.