Originally Posted by
navylad
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.
Where did BA comply with Article 8 rights? Saying "rebook yourself, you're on your own" is not compliant with that. It is a breach of UK261, which resulted in damages that the OP mitigated by allowing BA to rebook them to LCA(?) so they only needed to pay for an OAL ticket for a short section of the journey.
Article 9 is not extinguished until the final destination is reached. Based on the evidence that has to be TLV.
You're right that BA can often be stubborn but I don't think the reason for the OP's claim rejection here is what you are suggesting. It looks more like the claim has been read as a compensation claim, and the expenses element simply hasn't been looked into properly. We do have a number of accounts (and I have some experiences myself) of claiming re-routing expenses from BA in such scenarios and in general, they do tend to pay reasonable expenses - even if you have accepted the aforementioned "waiver".