Reply To: Lost at CEDR with BA – what next?

[points_worrier]

Thanks @Jerry.

Quite clearly BA’s condition of carriage cannot have precedence over EC261/2004, but CEDR have chosen BA’s CoC to provide a limit where EC261/2004 does not specify one. This strikes me as errant for 2 reasons:
– BA could just simply set their CoC to state validity is 1 second beyond your flight – following CEDR’s logic this would absolve them of most EC261 rights
– EC261/2004 DOES PROVIDE a limit to the extent of the powers under Article 8: the explanatory guidance states that you can make this choice once, and only once. In my mind, this limits you to tickets available when they give you this choice – usually the ticket window at 355 days.
You have not said how far after your cancelled flights the Sept 2022 ones are after the Sept 2021 ones are – were they more than a year?