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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.
Sorry to disagree with you, capetonianm, but no, it couldn’t – not successfully, anyway. For the purposes of EU261 the determining factor is whether the airline is based in an EU member state. Post-Brexit, whatever its ownership, BA will not be based in Spain by any stretch of the imagination.
Bott & Co (with whom I have no affiliation) have quite a good article on the post-Brexit application of EU261 here. In OP’s situation, post-Brexit, EU261 would not grant compensation rights absent an international agreement extending its coverage to the UK.
1 user thanked author for this post.16 Jan 2019
There are too many ifs and buts and unknowns to be able to take a firm stance.
Reading the (excellent) article from Bott and Co, for which thank you, it seems that post Brexit many short haul leisure travellers would remain covered, e.g travel between UK and EU on EU carriers. Ryanair is an EU carrier and I think easyJet will be. I appreciate that there would be gaps for business and long haul travellers.
There are far greater concerns at stake than EU261 compensation, that’s a small benefit, such as freedom from roaming charges, which I for one would gladly forego when the UK leaves.16 Jan 2019
Well done to LOT Polish Airlines. My son claimed for an overnight delay due to a missed connection in WAW. The inbound aircraft could not be deiced due to an equipment failure.
I suspected that the airline would, not unreasonably, claim WX as an exceptional circumstance, but he filled in the online form.and a couple of weeks later his bank account was credited with €250.
Vueling in the other hand ….. see you in court.24 Feb 2019
Interesting comments re BA being a Spanish or UK company… EU261 is potentially affected but also where a BA package holiday is booked it seems that IF BA is Spanish registered then ABTA & ACOL protections do not apply. What a mess.24 Feb 2019
Interesting comments re BA being a Spanish or UK company… EU261 is potentially affected but also where a BA package holiday is booked it seems that IF BA is Spanish registered then ABTA & ACOL protections do not apply. What a mess.
1 user thanked author for this post.25 Feb 2019