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I am aware that a judgement clarified that EU261 was applicable to flights from B to C where the plane was on a journey that originated in EU country A.
Do I have the same protection under UK261 for fifth-freedom flights where the aircraft originated in the UK?
Specifically, I am looking at my rights for a BA flight I was due to travel on from The Bahamas to Grand Cayman that was cancelled at Gatwick. I was ticketed by BA LGW-GCM-LGW with a four-night stopover in NAS on the outbound.
Thanks in advance for any legal insight.
NAS/GCM is a LHR departure but this is an interesting question. Do you know the reason for the cancellation (this route is a bit jinxed, IME!)? If it was down to circumstances outside BA’s control, like weather, then no compo would be due in any case.
Incidentally, how were you charged for this? Did you have to pay for the 2 legs separately?
You’re right, it was Heathrow. Doh!
One ticket, one payment.
At this stage, I’m focussed on re-routing rights rather than the compensation aspect. It not being possible to get through to BA despite much trying by various means, I had to re-route myself, and I want to understand whether the claim for the additional cost should be sent to BA or my insurer.
@MKB – if the question is whether you have UK261 rights on a flight between NAS-GCM as a standalone sector, I think the answer is no as it’s a flight between two third countries (GCM not being part of the United Kingdom and the Bahamas being an independent nation). The fact the flight/aircraft originated in the UK and is/was on BA, a UK carrier, doesn’t change anything. Even if you don’t have UK261 rights, you may well have other rights and/or the basis for an insurance claim but you haven’t told us the nature of the issue and the claim you wish to make. Was this a package or linked travel arrangement?
It was flight only. Not sure what else I can add as to the nature of the claim that wasn’t in the previous posts? (The booked three sector round-trip became a two-sector trip after BA cancelled the middle sector.
I had to use alternative airlines at my own cost to fly the middle sector. I want to recover that cost.)Are there specific reasons why the judgement in European courts that found that EU261 did apply to fifth-freedom flights in this situation would not have merit with UK261 in an English court?
I would try BA first with a very simple message that they cancelled GCM-NAS on X date. You couldn’t reach them. You rerouted for X cost and here is the receipt. If they refuse then contact your insurer with that refusal in hand to assist your claim
@MKB I think the judgment to which you are referring may relate to connecting flights? After Brexit, the ‘Scope’ section of EC261 Article 3(1) was amended and does not appear to cover flights between third countries, even on a UK carrier.
However, that does not compromise your consumer rights or your ability to claim damages, either under BA’s General Conditions of Carriage or the Montreal Convention. This would include any losses suffered (eg missed hotel nights) as well as any expenses incurred as a result of the cancellation.
Theoretically, you can also claim compensation the quantum of which isn’t specified in the Convention, but the EC261 sums would be a simple starting point. All of this is still dependent on the reason for the cancellation being outside the airline’s control.
So, as @SamG says, you should make your claim, cite the two bases above plus EC261 just in case and see how BA responds before deciding on next steps. If the claim is simple, clear and not unreasonable, BA will quite likely pay.
Were there any re-booking options given in MMB? NAS-GCM isn’t daily, of course, so even if offered, a replacement flight may have been too late for OP. But BA may try to argue if a next-day option was offered.
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