Reply To: Delhi flight cancelled

[Ihar]

JDB wrote:

@lhar

1. Nowhere does the CAA say “regardless of cost” as you ridiculously claim. [This is unsurprising as any question of cost is a matter for the court or CEDR, not the passenger or regulator and you should realistically be expecting the court to be thinking Fiesta more than BMW].

2. Article 8 is expressly included at 6.7

If you or indeed anyone plans to litigate to reclaim self-rerouting costs, you are going to have to be an awful lot more precise and realistic to have any prospect of winning.

CAP2155: “However, where airlines do not have such arrangements in place, we do not accept that this should be a barrier to re-routing passengers on other airlines.” The cost is actually irrelevant, as is the choice of carrier (even though an airline may try and force you onto another of their/partner flights).

Whilst the terms “necessary, appropriate and reasonable” are subjective, it is much easier for the customer to argue than for the airline to defend. Those terms are not related to the cost of alternative ticketing.

You can probably argue a case under UK Consumer Rights Act as BA including unfair terms in their contract (they can change the flight time without penalty but you cannot). The key thing here is that BA have made a commercial decision and as a result the OP is disadvantaged. If it were me I wouldn’t be sucking that up. I consider myself “necessary, appropriate and reasonable” 😂