Originally Posted by
brunos
My understanding is that you bought the ticket in UK on AF which is a EU carrier. It starts and end in UK. You were downgraded on the inbound. Hence UK261 applies as the operator needs to be a UK or EU/EEA carrier. It could be that EC261 applies because the flight concerned is non-EU/UK to EU. That could be confusing. But in both cases you are owed the same compensation.
When doing a claim, you should limit yourself to the facts and be brief and to the point. Anything that is confusing will entail a rejection.
ALthough it is BA related, you might find this thread useful:
https://www.flyertalk.com/forum/brit...261-uk261.html
Your initial suggestion that EC261/2004 would not be applicable because it is a non-EU to non-EU itinerary is correct, as confirmed by the Airhelp vs Austrian Airlines case (C-451/20) referred to in
Jorun's post but, as you point out, this is of no consequence here since UK261/2004 applies here, with identical terms to EC261/2004.
I would strongly second your recommendation to look at the EC/UK 261/2004 compensation tread on the BA forum, not only in relation to substantive rules in the Reg but also with respect to the process for claiming compensation in the UK. One caveat on this: there is plenty of reference to CEDR arbitration as an alternative to litigation in that thread. AF is not a member of CEDR so that route would not be available in case of a claim against AF. However, the MCOL claim process (i.e. via the courts) is quite straightforward (assuming you even need to get there - ime, AF usually admits liability when the Reg clearly applies and there is rarely a need to start legal proceedings). On the substance, you may want in particular to familiarise yourself with the rules for calculating downgrade compensation under the Mennens case. There is a direct link to the relevant post in which this is described at the start of the thread on the BA board).