Originally Posted by
IHateLHR
Help requested on behalf of a friend. Was on a BA ticketed LHR-BOS return ticket a month+ ago. Return flight on the 19:10 A380 service, down-gauged to 777 due to the usual issues on the 380. Not accommodated in that change but moved over to the AA service departing at 20:20. Then the AA 777 goes tech and departure ends up being 02:00 as they had to fly a replacement aircraft in from JFK. Final arrival time at LHR is around 14:00 UK instead of originally scheduled (BA) 06:20 or so.
Passenger applied for compensation and was rejected by BA as "it was an AA problem". I suspected this would be the first reaction so seeking guidance on who they should pursue with? My thinking was BA ticket and original BA problem, so BA - but is that right and how should I advise them to proceed? Thanks!
EC261 falls to the operating airline. This was a delay caused by (a) the initial switch to AA then (b) AA having a problem with their original aircraft. As it happens (a) does not result in compensation since there isn't much of a time difference. For (b) the problem there is that clearly it's an AA problem, but it's not in scope for EC261, in narrow terms since AA is not a European airline.
My advice is at this stage just ask for EC261 / APR from AA. If AA says no then it's back to BA, and then in gets interesting. I have no doubt that BA is responsible for compensation if AA does not pay, but it's not a clear path. I guess one could try CEDR and see if CEDR says that BA can offload their EC261 rights by just finding a non European airline. But it may require MCOL - or even further - to get this established. It's actually the sort of case that ends up at CJEU. Now I wouldn't want to put off the claimant, but it's definitely worth a AA then BA then CEDR attempt. I suspect the claimant was booked in prime, if rebooked as a codeshare then they will have a stronger case.