[ConcordeFlyer]

I had the unfortunate instance of being delayed last week by 3.5 hours at a US Airport. Flight was scheduled to depart to UK from a US American hub.

Initially delayed in Terminal due to fault that engineers were unable to repair – new plane was provided. Eventually boarded new aircraft around 12:15 am and further fault identified. Finally departed around 1:20am.

Flight was on a BA ticket but American metal. For what it’s worth, inflight entertainment failed too.

Would like some guidance / understanding as to potential compensation and best way to approach.

Will BA consider compensation since BA ticket or do I have to go through AA.

I guess being AA metal / ownership no EU compensation applicable.

Looking forward to views from those who are in the know or have experienced similar situation.

Thank you.

[capetonianm]

I fear you do not have a valid claim. I could be wrong, I’m sure someone will correct me if so.

My understanding is that EU261 only applies if you are flying on an EU carrier, or on a non-EU carrier if departing from the EU, but not if flying into the EU. So AA US->GB does not qualify. BA US->GB or AA GB->US would qualify.

Your claim would have to be lodged with the operating carrier, in this case AA, as a non-EU carrier, would not qualify even if you were ticketed on BA. BA would tell you to claim from AA and AA would tell you your claim isn’t valid. Passing the buck.

As a point of interest, you don’t state your arrival time but it is that which is relevant, not the departure time, and it has to be at least 3 hours. Arrival time is defined as the time when the first passenger doors are opened.

Good luck – I hope for your sake I’m wrong.

[first_class_please]

The EU air passenger rights apply – as the name suggests – to all passengers taking off from within the European Union and to all those flights taking off from a third country and landing in the European Union.

For flights from outside the EU the operating airline must be a European carrier as specified in the Regulation on air passenger rights EU 261/2004

EU261 Regulation on air passenger rights — Your passenger rights in a nutshell

You can input your flight number and date and it will advise. Not sure how codeshares work on the site.

[frustratedflyer]

I don’t think the codeshare will make AA an EU airline but you could look to one of the third party claims companies to see if it does.

Business Traveller promotes this one.

I used it for reference a year ago when delayed on BA coming back from India.

FairPlane

[TimFitzgeraldTC]

No compensation due if travelling from a US Airport to the UK on an American operated flight. Doesn’t matter if it was on a BA ticket – it is down to the operating carrier (had it been a BA operated flight but on a AA ticket number you would have been entitled to compensation).

So you can send a complaint off – but doubt you’ll get anything back. Not worth pursuing with a claims company.

[AMcWhirter]

It demonstrates the importance of checking the operating carrier.

Many European carriers have code-share / JV arrangements with non-EU carriers.

In this case I’m referring to the many links between Europe and Asia.

[Andrew]

In the Icelandic ash crisis a few years back, my AA flight from LHR was cancelled so I couldn’t make my LHR – JFK – YUL – DCA – IAD – LHR journey. I asked AA for a refund of the taxes which only have to be paid if a passenger actually flies – and got a full refund for the entire fare paid.
Well done AA!

[christopheL]

Within a few weeks flying BA will no more give any right to a compensation under EU 261/2004 …

[capetonianm]

Within a few weeks flying BA will no more give any right to a compensation under EU 261/2004 …

The above statement is not correct, and this has not been stated. In any case, it could be argued that BA is not a British carrier, but a Spanish one. Lawyers are going to be rubbing their hands in glee over this one.

Whilst it remains, like so much else related to Brexit, unknown, it seems that the UK will apply to remain within EU261 jurisdiction, so British carriers will continue to be bound by, or adhere to, EU261, as is the case with Swiss and Norwegian carriers even though those countries are non-EU. This could apply even in the event of a ‘no-deal’ Brexit.

[christopheL]

I have been aware that some people are arguing BA would be the subsidiary of a Spanish company.

Queen Elisabeth being hosted by King Felipe VI onboard a BA aircraft would be a must !!!

UK has some important things to deal with at the moment.

[capetonianm]

I am not pretending that I know whether BA is technically and legally a Spanish or a British carrier, I believe there are sound arguments for both sides.

In any event, the much awaited and very welcome departure of the UK from the EU will probably have no bearing on BA passenger rights in terms of EU261, in fact I read somewhere that if the UK were to draft its own compensations regulations, they could be more favourable to passengers than the current EU261.

[CathayLoyalist2]

Christophel, can we export the Speaker of the House of Commons to France, one Herr Bercow. I´ll refrain from applying a plethora of non complimentary adjectives albeit odious would be a good start.!!

[capetonianm]

He’s quite a character though, I do enjoy watching his outbursts and his facial expressions are something to behold.

[Cheeryguy]

[quote quote=913832]I am not pretending that I know whether BA is technically and legally a Spanish or a British carrier, I believe there are sound arguments for both sides.

In any event, the much awaited and very welcome departure of the UK from the EU will probably have no bearing on BA passenger rights in terms of EU261, in fact I read somewhere that if the UK were to draft its own compensations regulations, they could be more favourable to passengers than the current EU261.[/quote]
You may welcome it, many don’t. I for one, am very hopeful that the government’s continuing hash of things will lead to us remaining in the EU.

1 user thanked author for this post.

Londonian

[capetonianm]

This is a very divisive topic.
I for one, am very hopeful that the government’s continuing hash of things will lead to a no deal Brexit! I voted for, and continue to support, Brexit although it may well, in some ways, pull the rug out from under my own feet. I didn’t vote for what I felt was best for me, but what I felt was best for the UK.

Best not to get onto that on this particular thread perhaps although it is clearly something which could well have an impact on business travel.

[Author]

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