BA Booked Flight Delayed – who pays out in my situation – BA or AA

[Mr Jones]

I am struggling to receive my compensation for a return flight I made with BA in January direct from LONDON to HOUSTON. My return flight was cancelled and I was transferred to an AA flight from Houston to London changing at Charlotte.

I applied for compensation and I have spoken to BA and I have been told twice on the phone now by BA that I am due to receive £260 but despite it being promised it never comes.

I have now received the following email from BA. My question is if I am delayed should BA or AA pay out if I booked with BA and I have a BA flight number.

Quote
Dear Mr Jones

An update from British Airways

We’re sorry to hear your flight to Charlotte on 05 January was delayed . We don’t underestimate how much this disrupted your travel plans and we understand why you needed to get in touch about this.

I’m afraid your claim for compensation has been refused because British Airways didn’t operate AA 1478 on 06 July. If you contact American Airline, they’ll be able to consider your claim.

Thanks again for following this up with us. Please feel free to contact us if we can help you any further.

Once again, I apologise for the inconvenience caused. We look forward to welcoming you on board again soon.

Best regards

British Airways Customer Relations
Your case reference is: 01988475
Unquote

[AJA]

Hmmm It sounds like you should be claiming cancellation compensation for the HOU-and not delay compensation. It also looks like BA is trying to fob you off because AA operated the flight from Houston to Charlotte which ordinarily would be out of scope for compensation as it is a non-EU/UK airline operating a flight outside of the UK/EU.

Do you know why the original Houston-London flight was cancelled? Was it supposed to be on BA or AA metal? Is it eligible for compensation or was it cancelled due to extraordinary circumstances?

Also did the Houston-Charlotte flight depart no more than one hour before the scheduled time of departure and did the Charlotte-London flight arrive in London less than two hours after the original scheduled time of arrival?

If not and the original flight was on BA metal and wasn’t cancelled due to extraordinary circumstances then you should be eligible for £520 and not £260.

I think you need to reply to the email stating you are claiming compensation for the cancellation of the Houston-London flight and explain that their response has no bearing on the claim.

[Richie]

The important bit of UK261, is the obligations of the “..operating air carrier..”.

[JDB]

@MrJones – one really needs more details to offer help. Beware of the -1/+2 hours as provided for at 5.1(c)(iii) because that then takes you to Article 7 so you may not get compensated as suggested above. You run into the odd situation that -1hr is better than +2hrs.

[Ihar]

Confused?? Did you have a return from IAH-LON booked with BA?? Any issues relate to the booking, not how you returned…?