Originally Posted by
flarmip
The phrase 'duty of care' isn't completely accurate, it is a duty to provide accommodation, food/drink, transport to/from accommodation and communications. Those are the items explicitly included in the legislation and a visa doesn't fall under any of them so I would doubt it would be legally claimable under UK261. BA may pay anyway but that would be as a matter of customer service more than anything else.
The alternative would be to bring a claim against KQ under Article 19 of the
Montreal Convention for damage caused through delays. The argument would be that their delay directly led to you having to pay for a visa. It's an argument I am sympathetic to although I cannot comment on how it would fare in Court if it came to it.
The difference between an Article 19 and UK261 claim is that the UK/EU261 'duty of care' applies regardless of the circumstances. By contrast, airlines have a defence to an Article 19 claim if "it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures." In other words, if the delay was outside of their control (e.g. weather related) then they would not be liable.
Following up re the above in case anyone else finds themselves in the same situation.
Claimed for reimbursement of both the US$175 hotel cost plus the US$120 expedited transit ETA fee to see what BA would say. Reimbursement of accommodation and ETA fee approved in full within 24hrs of making the claim.
No idea whether BA felt they were obliged to reimburse for the ETA fee or whether it was simply a good will gesture but happy with the result.