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Old Sep 2, 2024 | 5:20 am
  #9  
navylad
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Originally Posted by flarmip
The OP chose re-routing and therefore BA had a duty to re-route the OP to their final destination. The fact they rebooked them on a BA flight as far as LCA/PFO does not extinguish their liability to get the OP to TLV. Seats were evidently still available between Cyprus & TLV, even if some were on non-IATA airlines. BA will be liable for the OP's expenses for the journey as far as TLV.

I cannot see anything contentious about this. LCA may be within a 300 mile range of TLV which means that BA will readily rebook there, but I cannot believe for one moment that the "we're not liable for alternative transport" disclaimer you are forced to accept (if you want to avoid paying out of pocket for a brand new BA cash fare) is binding in such circumstances.
I disagree. BA offered the article 8 rights, offering to cover the cost of the individual re-routing themselves, and they declined this offer and requested a flight under the 300 mile rule. I see nothing in the regulations that say in such circumstances, the duty of care continues beyond that flight. Assuming that BA provided article 9 care whilst at LHR, I am unaware of any precedence cases of such. As I said, it is not a straight forward case, and pretending to the OP it is does not provide any favours. Of course, the OP can take independent expert advice, but I certainly can’t see BA easily rolling over on this one.
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