Originally Posted by
alexss
Not necessarily - that depends why the flight was cancelled. If BA can claim it was due to "extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken", they have no obligation to pay compensation - only to re-route you and pay for accommodation/meals if necessary (which by the sound of it they did). That said, under the Regulation it is for BA to prove that this was why the flight was cancelled, so ask for the proof! If they can't prove the extraordinary circumstances, they have to pay.
You could also try a claim for delay to your baggage under Article 19 of the Montreal Convention; BA is liable to pay up to 1,000 Special Drawing Rights (about £800) under this Article unless it "proves that 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.", which again might be quite hard for them to do.
For the EU compensation, The Onus is on BA to prove that they did everything they possibly could (and as I understand this requirement it is a hard test which is not tempered by considerations of commercial feasibility).
As to the Montreal convention AFAIK that only covers lost baggage, not baggage that reappears as it did in this case.
You will be extremely surprised what happens to such arguments when you sue. I have a personal policy of accepting only one cut and paste letter then I file a claim. Thus far I have 100% record of successfully recovering claims in these circumstances. To be fair none have involved BA, but I would bet my house they will not fight it to the bitter end.