Help needed: Comair delay compensation

Old Nov 10, 19, 2:39 am
  #1  
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Help needed: Comair delay compensation

I am currently in transit connecting from BA41 LHR to Durban onto the delayed BA6302 Durban to Cape Town flight. The latter is operated by Comair, booked on one ticket LHR-CPT. The flight is currently 3:15hrs late and not immediately sure that it will even take off then.

I am travelling Club with no status.

Am I covered by EC261 here?

The local BA team have been reasonably helpful but not proactive in a rebooking, though they said they would if the delay is further prolonged.
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Old Nov 10, 19, 2:46 am
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One ticket departing from the EU, yes you are covered by EC261.
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Old Nov 10, 19, 2:57 am
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Originally Posted by HoneymoonFlyer View Post
The local BA team have been reasonably helpful but not proactive in a rebooking, though they said they would if the delay is further prolonged.
Do you have a flight in mind you want to get on to? You may want to give the call centre a try? (If you have WiFi - Skype and the UK or US free phone number could be helpful here)
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Old Nov 10, 19, 3:03 am
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Thanks both. Boarding now so no need to reroute.

3+hrs late so some EC261 will soften the blow.
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Old Nov 10, 19, 5:01 am
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Originally Posted by HoneymoonFlyer View Post
Thanks both. Boarding now so no need to reroute.

3+hrs late so some EC261 will soften the blow.
That depends firstly on what time you actually arrive and for what reason the flight was delayed.
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Old Nov 10, 19, 5:47 am
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Looks like it landed 3h19 late.
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Old Nov 10, 19, 5:55 am
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Originally Posted by HoneymoonFlyer View Post
3+hrs late so some EC261 will soften the blow.
I'm afraid I don't share the optimism :-( When it suits Comair (/BA) they claim to be a separate organisation altogether, and not subject to EU laws.
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Old Nov 10, 19, 6:00 am
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Comair is something like 25% BA owned. Can't recall the numbers, but I know I've posted the exact details previously as taken from their Annual Financial Statements.
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Old Nov 10, 19, 6:02 am
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Originally Posted by cauchy View Post
I'm afraid I don't share the optimism :-( When it suits Comair (/BA) they claim to be a separate organisation altogether, and not subject to EU laws.
Surely this isn't up to Comair in this instance as it is ticketed by BA (proper).
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Old Nov 10, 19, 6:37 am
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Originally Posted by Mulder00 View Post
Surely this isn't up to Comair in this instance as it is ticketed by BA (proper).
who isued the tickets makes no difference. It is the operating carrier that matters.
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Old Nov 10, 19, 8:22 am
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Originally Posted by Mulder00 View Post
Surely this isn't up to Comair in this instance as it is ticketed by BA (proper).
EC 261/2004 applies to the operating carrier. Ticketing carrier is irrelevant.

MN is not "based in a member state" as required by the Regulation. Rather, it is based in South Africa. Who owns MN is irrelevant. BA may have a stake as may many UK nationals, but that is not the issue.

In this case, it appears that it is the MN, not BA flight which is delayed. Presuming that BA is not appreciably delayed and that the reason for the MN delay is not an extraordinary circumstance, this becomes the one fact pattern not yet addressed for precedential purposes, e.g. timely performance by the EU carrier into the destination departing the EU with delay caused by non-EU carrier operating between two points outside the EU.

I would not spend the EUR 300 just yet.
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Old Nov 10, 19, 10:06 am
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For sure Comair is not going to pay EU compensation for delay of their DUR-CPT flight, nor is Comair obliged to IMO - the relevant flight is a non-EU flight regardless where the OP originated from. In the same way that AA is not liable to pay EU comp. for a delayed delayed flight in the US (after the connecting pax arrived from UK with BA).

BA has nothing do with this despite being the issuer of the ticket. EU Reg. 261/04 doesn't impose any obligations on the issuer of the ticket; only the operating carrier.
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Last edited by SK AAR; Nov 10, 19 at 10:32 am
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Old Nov 10, 19, 10:11 am
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Originally Posted by SK AAR View Post
For sure Comair is not going to pay EU compensation for delay of their JNB-CPT flight, nor is Comair obliged to IMO - the relevant flight is a non-EU flight regardless where the OP originated from. In the same way that AA is not liable to pay EU comp. for a delayed delayed flight in the US (after the connecting pax arrived from UK with BA).
.
Wrong, comair is liable as the journey ticketed originated in member state and is delayed and not extraordinary circumstance
getting them to pay up is a different cattle of fish
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Old Nov 10, 19, 10:13 am
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Originally Posted by SK AAR View Post
BA has nothing do with this despite being the issuer of the ticket. EU Reg. 261/04 doesn't impose any obligations on the issuer of the ticket; only the operating carrier.
completely correct!
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Old Nov 10, 19, 10:40 am
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I beg to differ. Your opinion contradicts the fact that non-EU carriers are only liable for operated flights from EU. The fact that the pax originated in EU (flew from EU different carrier than Comair) and was connecting to Comair under the same ticket is irrelevant.
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