EU261 claim against BA when flying codeshare on US Airways metal

BigChris77

Hi all,

My boss flew back from the US a few weeks ago on a booking made with BA (on a BA reference number), but that was operated by US Airways.

The flight was delayed by over 4 hours, so we sent off a template letter, expecting to get a bit of resistance, but we just got back a letter stating that as the carrier was US Airways, we'd have to approach them, as BA are not liable.

Is this true, or are they up to chicanery??

Caz3121

BA are correct - this is covered in Vauban's guide

It does not matter who flight was booked with or what the flight number starts with, any claim is against the operating carrier
In this case any claim would be against US Airways
As a non-EU carrier, US Airways must abide by EU261 for flights departing from the EU but there is no requirement for flights departing from outside the EU
If his delay was on the return flight from the US on a non-EU carrier, EU261 does not apply

guide is here http://forums.moneysavingexpert.com/showthread.php?t=5173888

BigChris77

Hi Caz3121.

My apologies, I read that guide before posting the question (and in fact have read it again since), and couldn't find any reference to code sharing, and whether it was the airline I booked with, rather than the owner of the metal, that is liable.

Thank you for the clarification.

Caz3121

the guide mentions
b) You were departing an EU airport on any airline, or were flying into an EU airport on an EU carrier
The regulations ignore codeshares etc and it is a straight "what plane/airline" Codeshares are for marketing purposes and give no more/less protection than booking direct with the operating carrier

Conversely if he had booked through US Airways on an US flight number for a flight operated by BA, there would be a claim against BA as it would have nothing to do with US (assuming delay qualified for compensation)

If given a choice (and all other things we equal) I would book on an EU carrier when starting outside the EU to at least know if you were even affected by weather delays, EU261 duty of care would see you reimbursed/provided with hotel, meals etc which US airlines do not do