Originally Posted by
corporate-wage-slave
If the flight was under codeshare, so AA1234 sold as BA9123 or similar, then EC261 would apply. If it was in AA prime then it probably still applies. Normally the operating carrier, AA, has that responsibility but BA will become, under CJEU jurisprudence, the fallback airline if AA refuses to pay. One drastic approach would be to MCOL both BA and AA as joint defendants, which will then be paid very quickly, but I'm sure you are trying to avoid that. My advice would be to submit the claim to BA, noting that AA had refused to pay, and claiming under "CS and others versus České aerolinie a.s. (case C-502-18)". After 42 days if a codeshare go to CEDR, if not a codeshare go to MCOL.
See the main EC261 thread for guidance on CEDR and MCOL.
Thanks for the advice which is most helpful.
I'll advise him to get a response in writing from AA and if they refuse to cover hotel costs we can then share that with BA along with the case law you referred to. The ticket was bought in the UK on ba.com and so I'm almost certain the AA flight will have a BA code share number.
Would any EC261 compensation (for the cancelled flight) also apply or is this not applicable given that the flight in question was from the USA to Canada?