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  • FIRST POST
    • goingsenile
    • By goingsenile 17th Jul 17, 7:32 PM
    • 328Posts
    • 194Thanks
    goingsenile
    BA flights but operated by AA- flight delayed over 4 hours
    • #1
    • 17th Jul 17, 7:32 PM
    BA flights but operated by AA- flight delayed over 4 hours 17th Jul 17 at 7:32 PM
    Looking for some advice before I try and submit a claim for compensation.

    I booked flights with BA via Dial a Flight from GLA to MCO via PHL.
    Our return flight on Friday was scheduled to leave MCO at 14:05, due to weather in PHL the flight did not leave until 19:05, arriving into PHL around 22:15 meaning we had missed our connecting flight to GLA which had left at 19:25.

    Although my booking was BA and I had BA flight numbers on my contract from Dial-a-Flight when I checked in on line etc it redirected me to AA and the flights were operated by AA.

    Who is my claim for compensation to? BA or AA?

    I am intending using MSE tool but would like to be sure I am sending it to the right place

    Many thanks
    AJ
Page 1
    • Vauban
    • By Vauban 17th Jul 17, 8:00 PM
    • 4,671 Posts
    • 2,070 Thanks
    Vauban
    • #2
    • 17th Jul 17, 8:00 PM
    • #2
    • 17th Jul 17, 8:00 PM
    EU compensation doesn't apply here - Non-European airline flying from non-EU airport. Nor sure what you'd get from AA - but no legal right to compensation.
    • goingsenile
    • By goingsenile 21st Jul 17, 7:17 PM
    • 328 Posts
    • 194 Thanks
    goingsenile
    • #3
    • 21st Jul 17, 7:17 PM
    • #3
    • 21st Jul 17, 7:17 PM
    Thank you for your reply...... my contract was with BA ( EU Airline I presume) and I was flying back to Glasgow which is within the EU? No?
    Thank You
    AJ
    • Caz3121
    • By Caz3121 21st Jul 17, 8:02 PM
    • 10,779 Posts
    • 7,021 Thanks
    Caz3121
    • #4
    • 21st Jul 17, 8:02 PM
    • #4
    • 21st Jul 17, 8:02 PM
    Thank you for your reply...... my contract was with BA ( EU Airline I presume) and I was flying back to Glasgow which is within the EU? No?
    Thank You
    AJ
    Originally posted by goingsenile
    I assume you have not read the guide
    EU261 claims are from the operating airline, does not matter if you booked through AA, BA or another travel agent AA are the operating carrier
    As a non-EU airlines, EU261 applies on the flights departing the EU only. On EU airlines you are covered both from and to the EU
    as a non-EU operating carrier on a flight departing from outside the EU there is no EU261 applicable

    If you search for Vauban's Guide it is all covered
    • Tyzap
    • By Tyzap 21st Jul 17, 8:18 PM
    • 984 Posts
    • 496 Thanks
    Tyzap
    • #5
    • 21st Jul 17, 8:18 PM
    • #5
    • 21st Jul 17, 8:18 PM
    Thank you for your reply...... my contract was with BA ( EU Airline I presume) and I was flying back to Glasgow which is within the EU? No?
    Thank You
    AJ
    Originally posted by goingsenile
    Hi goingsenile,

    Vauban is right, a none EU airline, departing from a none EU territory is not subject to the EU regulations.

    Although BA are an EU based airline it is very easy to use their website or an agency and then book flights with Iberia or AA without realising they are just code share partners.

    It is the operating airline who is liable for any compensation, so if you flew on an AA aircraft you would not be due any compensation.

    If you want to be covered by the EU regs in the future, ensure your return from the USA is on an EU airline.

    Sorry, but thats just the way the regs work.
    Please read Vaubans superb guide.
    • goingsenile
    • By goingsenile 21st Jul 17, 8:34 PM
    • 328 Posts
    • 194 Thanks
    goingsenile
    • #6
    • 21st Jul 17, 8:34 PM
    • #6
    • 21st Jul 17, 8:34 PM
    Thanks for the explanation- I will certainly keep that in mind in future
    AJ
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