Tredders

rfrost

Dave Noble

If it is a separate booking, it can not have any impact on the compensation / duty of care

corporate-wage-slave

With so few specifics I can only give a general answer, which is that broadly speaking if you are claiming for Article 7 compensation you do need to sustain a delay, with a few exceptions. But if you don't take a replacement service, thereby cancelling the booking, then you may be able to get a full or partial refund.

rfrost

NWIFlyer

I’m afraid this is one of the dangers of separate tickets. In law, this will only be treated as a XXX-LHR itinerary. If you choose not to pass through LHR at all and cancel, you would only be looking at the refund line.

In terms of Duty of Care, I would expect that would still apply - you could probably reasonably claim “trip in vain” on that given the length of delay, and that in itself would be enough to justify the need to stay overnight and then re-build your total itinerary from there.

rfrost

Dave Noble

What is the airport from which you are flying? If it is 1500km or less to Heathrow, is it worth the hassle and time of going via Heathrow rather than going non stop ( and getting refund on the LHR ticket ) for the EUR250 compenstion. If this is a ticket to US in a cabin higher than economy, the APD alone would be EUR208 from London

Looking at the regulation, it seems t read that the compensation may be payable even if the passenger cancels

It reads to me that the passenger should Be offered assistance in accordance with article 8 AND have right to compensation in accordance with article 7

corporate-wage-slave

That's correct, and BA are known to pay out on that basis if there is a cancellation involved. If it's a delay then it's different. But this is one of those examples where the ability to advise is inhibited by the lack of information.

Dave Noble

He did say in his 1st post that the flight was cancelled. Indeed , it is a lot easier if people will give all relevant information

SK AAR

If it is a cancellation the OP would be able to cancel and ask for a (full) refund and still be able to demand EU Reg. 261/04 compensation afterwards (provided of course that BA is not exempted from liability to pay due to extraordinary circumstances). If the BA flight was delayed, the OP would not be able to cancel/refund and demand comp. as the OP wouldn't have incurred a delay (the OP was not on the delayed flight).

I believe the OP has already understood that the subsequent AA flight on separate ticket is entirely irrelevant to BA and that the obligation of BA is to get the OP to LHR (and in the meantime the duty of care of course).

knnryerye

My wife and I were on BA48 from SEA-LHR on June 27th. Due to inbound aircraft having an equipment change in LHR our flight boarded 4 hours late. We arrived in LHR just under hours late. That forced us to change our connection LHR-DUB. That connection was also delayed due to tech problem. Once we finally arrived at our destination we were 4.5 hours late in total. On June 29th I submitted a request for compensation using the BA website form. On July 9th we received an email acknowledging the delay and agreeing to deposit the 600 EUR each into our bank account within 10 business days. $1,400 USD for 2 people being 4.5 hours late sure is worth it. Thanks for having this thread with all the information we needed to get our compensation.

rfrost

I did not mean to be mysterious, but I have considerable difficulty typing FT posts on my Iphone.
Here's what happened: The flight that BA cancelled yesterday was from CDG to LHR. I had booked a paid roundtrip JFK-LHR on AA and then award flights (at minimal cost) on BA to and from LHR/CDG, in part because of favorable pricing and, on the return, a chance to try AA's new PE, and in part because my dates in Paris were contingent on casting at the Paris Opera Ballet, which is always subject to change, and I wanted the flexibility to be able to change my dates in Paris without incurring significant costs.
The flight was due to depart at 10:35 am, was delayed for MX a couple of times, and ultimately at about 2 pm, canceled. By the time it was canceled, there was no availability on any flight that day from CDG to LHR (I also checked Eurostar, which was sold out for the day), so BA rebooked me on an early morning flight today and sent me off to the Ibis Style (a subject for another conversation). (I knew that BA's only obligation was to get me to LHR, and did not ask to be booked to JFK.)
Before the flight was canceled but as the delays began to mount, I had called AA, explained that I might not make my flight, and asked to be protected on a flight today, which they did for me. When I called them back right after getting the CDG-LHR flight rebooked, they quoted a very large figure (4 digits, the first of which was not a 1) to make the change, and that was not even for a PE seat. I did not think I wanted to pay that for a seat in Y, so I asked about the CDG-JFK nonstop today (yesterday's had already departed), figuring that, if there were any seats for sale, I could probably book it as an AAnytime reward, and then just cancel the flight to LHR, but I was told it was sold out. I then asked about award availability on LHR-JFK flights, but while the AAgent was checking (she was quite slow), my pay-as-you-go SIM card ran out and I lost the call, so I decided to go over to the Ibis and call AA back from there. Before calling AA back, I checked award availability for LHR-JFK online, and saw that there was some, decided that was a better solution, and called AA again, canceling my paid PE return (to be rebooked at a future date, when fares are a bit more reasonable) and booking an award (in Y, so no "enhanced" APD) today from LHR-JFK.
Some hours later, a friend alerted me that an award seat in Y had opened up on the CDG-JFK flight. I am not seeking a windfall, but as I'll face a 3-digit rebooking fee when I do rebook the LHR-JFK flight, I do want the Rule 261 comp and wasn't sure whether I'd get it if I did not fly to LHR on the flight BA rebooked me on, which is why I posted the question. As I read the responses posted before I had to get over to CDG T2 as negative, I thought it prudent to take the rebooked flight to LHR and fly home from there. Which I've now done.
Thanks to all the FTers who tried to answer my question, and my apologies if I wasn't clear. I was trying to write as little as possible.

corporate-wage-slave

Many thanks for the extra details, it makes it easier to project your options. Here is the dispatch information which indeed confirms an operational delay followed by a technical cancellation and therefore should be OK for EC261 at 250€. Normally there should have been some alternative from Paris to the UK even if it involved Ryanair from Beauvais or non Eurostar trains. The BACF service from ORY to LCY did not leave full yesterday so that would have been another option, but I guess it was too late by this stage to switch airports. But you should get that amount regardless of whether you travelled or not. The main reason why you could have been declined is extraordinary circumstances - which doesn't appear to apply. You are correct that you took on the risk of the separate tickets for the USA, so BA have no liability, but I would have at least asked BA and then AA in the airport if they would allow you a direct transfer, even though they would have been in their rights to decline to do so.

rfrost

Thanks, CWS. I had asked the AA staff in the lounge while the delays were mounting, and while they were sympathetic, they said everything was overbooked. They shut down at 1 pm, when the flight to CLT, which is AA's last flight out, closes, so weren't available in any case. I know that BA rebooked at least 2 people from my flight who were ticketed on BA to JFK on an AF nonstop this morning (presumably because the AA nonstop was sold out), but I rather doubt they would have done that for me given my separate tickets, so I doubt it would have made a difference, but if it ever happens again, perhaps I will ask.